‘Complete go-bye to provisions of Act, Designated Officers not appointed’
JAMMU, Oct 7: Notwithstanding widespread complaints of food
adulteration, there is no proper mechanism in Jammu and Kashmir to check
the menace and authorities concerned have given complete go-bye to the
provisions of the Food Safety and Standards Act, 2006 and the Food
Safety and Standards Rules, 2011.
This has been observed by the Division Bench of the High Court comprising Chief Justice M M Kumar and Justice Muzaffar Hussain Attar in a Public Interest Litigation (PIL) filed by Advocate Sheikh Muhammad Ayoub before the Srinagar Wing of the High Court seeking implementation of the Food Safety and Standard Act and Rules.
“The mechanism of taking sample(s) by the Food Safety Officers in the State is absolutely un-satisfactory”, the DB remarked in the order written by the Chief Justice M M Kumar after going through the latest status report filed in compliance to its earlier directions dated August 22, 2013.
“The Designated Officers within the meaning of Rule 2.1.2 of the Food Safety and Standard Rules, 2011 have not been appointed”, DB observed.
According to the provisions, a Designated Officer has to be a whole time officer not below the rank of Sub-Divisional Officer or equivalent. He must possess minimum of Bachelor’s Degree in Science with Chemistry as one of the subjects or at least one of the educational qualifications prescribed for the Food Safety Officer. Moreover, he is also required to undergo training within a period of six months from the date of his appointment as Designated Officer.
“However, Health Officers of the Municipal Corporations are discharging the duties of Designated Officers like in the case of Srinagar Municipal Corporation, who may or may not answer the qualifications given in the rules”, the DB said, adding “it appears that our earlier observations that the provisions of the Food Safety and Standards Act, 2006 and the Food Safety and Standards Rules, 2011 are observed in breach rather than in compliance stands fortified”.
Stating that there is complete go-bye to the provisions of the Act and the Rules as has been revealed by the procedure adopted for taking sample(s) and testing of the stock in respect of food which has been found misbranded/adulterated, the DB said, “there is no effective mechanism in place for confiscating the adulterated foods, which after testing have been found non-consumable”, adding “the provisions of the Act and the Rules have not been implemented in letter and spirit”.
Keeping in view the slackness in the implementation of the Act, the DB has directed the Chief Secretary to take a complete review of the ground realities, officers performing the duties under the Act, method of sampling, testing and further follow up action on the basis of misbranded samples.
“A complete and comprehensive report be submitted to the Court showing compliance of the provisions of the Food Safety and Standards Act, 2006 and the Food Safety and Standards Rules, 2011 along with the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011 within a period of four weeks”, the DB directed the State.
It is pertinent to mention here that in its earlier status report the Government had mentioned that Controller (Drug and Food Control Organization), who was also appointed Commissioner Food Safety J&K, has now been replaced by Secretary, Health and Medical Education Department as Commissioner in addition to his own duties.
The Government expressed its inability to appoint an independent officer as Food Safety Commissioner viewing that there were number of issues common under the Food Safety Act and the Rules within the Health Department. With regard to Food Safety Tribunal replacing the mechanism adopted by the Prevention of Food Adulteration Act 1994, the Government stated that the matter was taken up with Finance Department for creation of post of Presiding Officer of the rank of District and Sessions Judge with the allied staff and the same was under active consideration of the Government.
This has been observed by the Division Bench of the High Court comprising Chief Justice M M Kumar and Justice Muzaffar Hussain Attar in a Public Interest Litigation (PIL) filed by Advocate Sheikh Muhammad Ayoub before the Srinagar Wing of the High Court seeking implementation of the Food Safety and Standard Act and Rules.
“The mechanism of taking sample(s) by the Food Safety Officers in the State is absolutely un-satisfactory”, the DB remarked in the order written by the Chief Justice M M Kumar after going through the latest status report filed in compliance to its earlier directions dated August 22, 2013.
“The Designated Officers within the meaning of Rule 2.1.2 of the Food Safety and Standard Rules, 2011 have not been appointed”, DB observed.
According to the provisions, a Designated Officer has to be a whole time officer not below the rank of Sub-Divisional Officer or equivalent. He must possess minimum of Bachelor’s Degree in Science with Chemistry as one of the subjects or at least one of the educational qualifications prescribed for the Food Safety Officer. Moreover, he is also required to undergo training within a period of six months from the date of his appointment as Designated Officer.
“However, Health Officers of the Municipal Corporations are discharging the duties of Designated Officers like in the case of Srinagar Municipal Corporation, who may or may not answer the qualifications given in the rules”, the DB said, adding “it appears that our earlier observations that the provisions of the Food Safety and Standards Act, 2006 and the Food Safety and Standards Rules, 2011 are observed in breach rather than in compliance stands fortified”.
Stating that there is complete go-bye to the provisions of the Act and the Rules as has been revealed by the procedure adopted for taking sample(s) and testing of the stock in respect of food which has been found misbranded/adulterated, the DB said, “there is no effective mechanism in place for confiscating the adulterated foods, which after testing have been found non-consumable”, adding “the provisions of the Act and the Rules have not been implemented in letter and spirit”.
Keeping in view the slackness in the implementation of the Act, the DB has directed the Chief Secretary to take a complete review of the ground realities, officers performing the duties under the Act, method of sampling, testing and further follow up action on the basis of misbranded samples.
“A complete and comprehensive report be submitted to the Court showing compliance of the provisions of the Food Safety and Standards Act, 2006 and the Food Safety and Standards Rules, 2011 along with the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011 within a period of four weeks”, the DB directed the State.
It is pertinent to mention here that in its earlier status report the Government had mentioned that Controller (Drug and Food Control Organization), who was also appointed Commissioner Food Safety J&K, has now been replaced by Secretary, Health and Medical Education Department as Commissioner in addition to his own duties.
The Government expressed its inability to appoint an independent officer as Food Safety Commissioner viewing that there were number of issues common under the Food Safety Act and the Rules within the Health Department. With regard to Food Safety Tribunal replacing the mechanism adopted by the Prevention of Food Adulteration Act 1994, the Government stated that the matter was taken up with Finance Department for creation of post of Presiding Officer of the rank of District and Sessions Judge with the allied staff and the same was under active consideration of the Government.
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