Directs CS to take review of ground realities after FSO spill the beans
Srinagar: Observing that its orders on implementation of Food Safety
and Standard Act 2006 (FSSA) to check food adulteration have been
observed in breach, Jammu and Kashmir High Court on Monday directed
Chief Secretary Chief Secretary to take a complete review of the ground
realities in the state.
Hearing a Public Interest Litigation, a bench of Chief Justice M M Kumar and Justice Muzzafar Hussain Attar found a status report filed by Special Secretary Health and Medical Education Department in pursuance to August 22 directions “far from satisfactory.”
“The mechanism of taking samples by the Food Safety Officers is absolutely unsatisfactory as is revealed before us by Sheikh Zameer, Food Safety Officer Anantnag,” the bench said, adding, “We have asked him certain questions and the answer given is much to desire. Accordingly we direct Registrar Judicial to record his statement and place it on the record of the case with regard to prevalence of adulteration in the food items in the state.”
The Food Officer Anantnag revealed before the court that there is no effective mechanism to check the adulterated food items in the state.
The issue which has attracted the attention of the court, bench said, is that the Designated Officer within the meaning of Food Safety Act has not been appointed and according to the provisions, the designated officer has to be whole time officer not below the rank of sub divisional officer or equivalent.
According to Senior Additional Advocate General, J A Kawoosa, presently Health Officer SMC has been discharging the duties of designated officer “who may or may not answer the qualification given in the Act.”
“It appears that our earlier observations that the provisions of the Act and Rules are observed in breach rather in compliance as fortified at the hearing today,” the court said, adding, “There is complete go by to the provisions of Act and the rules as has been revealed before us by the procedure adopted for taking samples, checking, testing and stock in respect of the food item which has been found misbranded.”
There is no effective mechanism is place as been disclosed by food safety officer Anantnag for confiscating the adulterated food if found inconsumable, the court said.
“The provisions of Food Safety Act have not been implemented in letter and spirit and accordingly we direct the Chief Secretary to take a complete review of the ground realities, officer performing duties under the Act, the method of sampling and further follow up action on the basis misbranded samples,” the court said, asking government to file a complete comprehensive report be submitted within 4 weeks.
The court was hearing a PIL—Sheikh Ayoub Vs State— seeking implementation of Food Safety and Standard Act 2006 (FSSA) to check food adulteration in the state.
While Senior Additional Advocate General J A Kawoosa defended the state, the petitioner was present in person along with advocate Tasaduq Khawaja.
Hearing a Public Interest Litigation, a bench of Chief Justice M M Kumar and Justice Muzzafar Hussain Attar found a status report filed by Special Secretary Health and Medical Education Department in pursuance to August 22 directions “far from satisfactory.”
“The mechanism of taking samples by the Food Safety Officers is absolutely unsatisfactory as is revealed before us by Sheikh Zameer, Food Safety Officer Anantnag,” the bench said, adding, “We have asked him certain questions and the answer given is much to desire. Accordingly we direct Registrar Judicial to record his statement and place it on the record of the case with regard to prevalence of adulteration in the food items in the state.”
The Food Officer Anantnag revealed before the court that there is no effective mechanism to check the adulterated food items in the state.
The issue which has attracted the attention of the court, bench said, is that the Designated Officer within the meaning of Food Safety Act has not been appointed and according to the provisions, the designated officer has to be whole time officer not below the rank of sub divisional officer or equivalent.
According to Senior Additional Advocate General, J A Kawoosa, presently Health Officer SMC has been discharging the duties of designated officer “who may or may not answer the qualification given in the Act.”
“It appears that our earlier observations that the provisions of the Act and Rules are observed in breach rather in compliance as fortified at the hearing today,” the court said, adding, “There is complete go by to the provisions of Act and the rules as has been revealed before us by the procedure adopted for taking samples, checking, testing and stock in respect of the food item which has been found misbranded.”
There is no effective mechanism is place as been disclosed by food safety officer Anantnag for confiscating the adulterated food if found inconsumable, the court said.
“The provisions of Food Safety Act have not been implemented in letter and spirit and accordingly we direct the Chief Secretary to take a complete review of the ground realities, officer performing duties under the Act, the method of sampling and further follow up action on the basis misbranded samples,” the court said, asking government to file a complete comprehensive report be submitted within 4 weeks.
The court was hearing a PIL—Sheikh Ayoub Vs State— seeking implementation of Food Safety and Standard Act 2006 (FSSA) to check food adulteration in the state.
While Senior Additional Advocate General J A Kawoosa defended the state, the petitioner was present in person along with advocate Tasaduq Khawaja.
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