631 samples fail to food safety, Govt lets off adulterators

Source of milk sold in market not known

Srinagar, Apr 7:In a criminal act, the Food Safety Department of the Government is playing with the lives of the people as the companies, whose 631 food samples have been found substandard, misbranded and unsafe across the State last year, have either been let off or prosecution has not at all been launched against them.

A status report filed by the Government before the Jammu and Kashmir High Court reveals that that out of 1663 food samples taken in Jammu division, 287 samples have been found substandard, misbranded and unsafe. However, prosecution has been launched only against 200 samples and the accused have been let off in most of the cases.

The status report revealed that in Kashmir division, out of 1405 food samples taken last year, 344 samples have been found substandard, misbranded and unsafe and prosecution has been launched only against 231 accused and majority of them have been let off.

The status report said that 3068 food samples have been lifted during last year, with 1663 samples lifted from Jammu division and 1405 from Kashmir division of the State.

The High Court after perusal of the status report observed that the number of samples taken from Srinagar district is 351, which far below as the district has huge population.

The bench observed that food safety officer of SMC has lifted 351 samples while food safety officer of Food Safety Authority has not lifted even a single sample in Srinagar district. The Court has directed the Commissioner Food Safety to file an affidavit, explaining reasons for disobedience of court orders.

A Division Bench of the High Court comprising, Justice Hasnain Masoodi and Justice Dhiraj Singh Thakur today pulled up the Government officials and companies for violating the provisions of the Food Safety and Standards Act, 2006.

Court directed the officials to implement the act in its letter and spirit and asked them to pull up their socks and hone up the machinery without showing any leniency.

The court directed that officials of the Food Safety Department to speed up lifting and analysis of samples of food items, transported, manufactured, stored and marketed in the State without showing any leniency to big players in the market so that food items free from adulteration are made available to consumers.

The bench observed: “A cursory look at the status report would reflect lack of understanding of provisions of the act and machinery envisioned under the Act on part of respondents.”

The court expressed its anguish over the indifferent attitude of the authorities towards not making the Act operational as large number of posts are vacant in the department.

The court directed the in charge food analysis laboratory both at Jammu and Srinagar to submit information regarding capacity of laboratories, machinery and manpower. It has directed them to initiate process to fill up various posts provided under the Act, and file status report regarding state of selection process.

The court while expressing disappointment over functioning of the Government regarding the Food Safety observed: “In case of companies like M/s Khyber Agro Milk Farms, Zum Zum, Snow Cap, Haleeb, the number of samples lifted is less than five during the year, and samples lifted during 2013 is far less with regard to population of State and volume of food items sold and consumed. The overall performance of the staff, therefore, is dismal and disappointing.”

Regarding the compliance report about lifting of samples on regular bases of M/s Khyber Agro Milk Farms, M/s Avon Agro and M/s Kanwal Agro Food the court observed: “Compliance does not give the dates when samples were lifted, so as to enable the Court to find out whether samples were lifted once in a week or not.”

Compliance report reveals that prosecution has been launched against three companies – M/s Khyber Agro Milk Farms, M/s Avon Agro and M/s Kanwal Spices – in the court of Munsiff Budgam, CJM Anantnag, and Municipal Magistrate Srinagar respectively.

The Court directed Commissioner Food Safety to constitute a committee of three to four experts with Deputy Controller Drugs Kashmir and Dairy Expert, Dairy Technologist from SKUAST and former District and Sessions Judge, Abdul Wahid, as its members to inspect the milk processing unit run by M/s Khyber Agro Milk. The court has asked for a comprehensive report.

The direction came after counsel for M/s Khyber Agro Milk Farms, Advocate Zaffar Shah, informed the court that the company does not have a dairy farm and the milk and milk products are processed in the milk processing unit of the company and what is sold in the market is processed milk.

The court in response observed: “The statement made raises a number of important issues whether M/s Khyber Agro Farms has a milk processing plant confirming to prescribed standards to process the milk, whether the plant is equipped with necessary laboratory to test the milk, whether company has a plant satisfying required prescribed standards to convert milk into milk powder.”

Court directed the companies to inform the general public through print media that the milk sold by them is not pure cow milk but processed milk. “As there is a general impression that what is sold in the market by M/s Khyber Agro Farms and other companies, is pure cow milk, M/s Khyber Agro Milk Farms and other companies, engaged in marketing milk, shall inform general public through print media that what is sold by them is not pure cow’s milk but processed milk. They shall also notify the sources of milk marketed as well as mode and manner in which marketed milk is processed”, the court order reads.