Jun 28, 2013

Food Act: HC gives govt two months to comply with orders

Srinagar, June 27
Expressing displeasure over the lacklustre response of the authorities to the directions issued for implementation of the Food Safety Standards Act and rules, the J&K High Court has given the state government two months to comply with its directions issued from time to time, failing which, the Chief Secretary has been directed to appear in person.
These directions were issued by a division of the High Court headed by the Chief Justice MM Kumar in a PIL seeking court directions commanding the respondents to implement the Food Safety Standards Act 2006 and the Food Safety and Standards Rules 2011.
Earlier, the state counsel had sought two months time for compliance with the court directions in the PIL and had also submitted a formal application in this connection.
The court has been seeking compliance with the set of directions issued by it in the PIL from time to time, more particularly the directions issued on December 31, 2012.
The directions included constitution of a separate food safety organisation, appropriate service as envisaged under the Food Safety & Standards Rules 2011, creation and appointment of the staff to man the organisation and setting up of a functional laboratory for testing food samples for adulteration.
However, as the matter came up for hearing today, the bench expressed its displeasure over non-substantial implementation of most of the directions issued by the court in the matter so far.
“The court expressed its displeasure over the tardy response by the government functionaries towards implementation of the Food Safety Standards Act 2006 and the Food Safety and Standards Rules 2011 and has now granted J&K government two months time to comply with the directions,” advocate Tassaduq Khawaja, who is representing the petitioners in the PIL, said.
In case of failure to do so, he said, the court has further directed that Chief Secretary MI Khanday will appear in person on the next date of hearing, fixed after two months.
What does the PIL say?
The PIL has sought court directions commanding the respondents to implement the Food Safety Standards Act 2006 and Food Safety & Standards Rules 2011
It has been submitted that “non-implementation of the Act and rules by the state government is a grave issue and the matter requires to be dealt with seriously” to check adulteration of food items and eatables
The government has often come under criticism for lack of seriousness about implementing the Food Safety and Standards Act in the state
The PIL argued, “The authority in question in the PIL is not in a position to take any action against the person found guilty under the Act and Rules.”

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