Srinagar, Apr 7: The J&K High Court Monday directed Commissioner Food Safety to constitute a panel of experts to inspect the milk processing unit of Khyber Agro Milk Farms and file a comprehensive report by the next date of hearing on April 28.
A division bench of High Court comprising Justice Hasnain Massodi and Justice D S Thakur passed the direction on a Public Interest Litigation after perusing the status reports and hearing the parties.
“Commissioner Food Safety shall constitute a committee of three to four experts, with Deputy Controller Drugs Kashmir and Diary Expert/Diary Technologist from SKUAST, Abdul Wahid, former District and Sessions Judge, amongst its members to inspect the milk processing unit run by respondent M/S Khyber Agro Milk Farms in the first place. The experts shall submit comprehensive report by next date of hearing,” the division bench said.
The court asked the Food Safety Officers and other concerned officials to pull up socks, hone up the machinery and speed up lifting and analysis of samples and 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 concerned authorities have been directed to submit a comprehensive report regarding samples lifted from 1st January 2014, indicating number of samples referred to Notified Laboratories/Referral Laboratories and the results of analysis and action taken.
The court said the In-charge Food Analysis Laboratory at Srinagar and Jammu shall submit information regarding capacity of two laboratories to analyze samples and the number of samples the two laboratories can handle in a year, having regard to machinery, infrastructure and manpower.
To further clarify the previous order, the court said it is directed that only five samples of milk/milk products marketed by M/s Khyber Agro Milk Farms, one from each of the districts within its area of operation, shall be lifted on rotational basis in a week and analyzed by Food Analyst and an Accredited Laboratory outside the State.
“If one sample in the first week is taken from each of the Districts A, B, C, D & E, in the following week, five samples shall be taken from each of other districts F, G, H, I & J. Same pattern shall be followed in respect of M/s Avon Agro Industries Private Limited and M/s Kanwal Agro Food Industries and other companies i.e. Snow Cap, Amul, Surya, Haleeb, Zum Zum etc. engaged in distribution, marketing of milk and milk products. Commissioner, Food Safety, shall issue instructions as regards pattern to be followed by Food Safety Officers. The direction, however, is not to be interpreted as one directing respondents to restrict sampling only to aforesaid companies. They shall continue to lift samples from all other food items for analysis,” the court said, while citing an illustration.
Modifying order dated 13th February 2014, the court directed the respondents that while forwarding one part of sample to Food Analyst within State, forward another part of the sample to a Laboratory notified by Food Safety Authority in terms of Section 43, Food Safety and Standard Act, 2006, outside the State.
The court said the food business operator/dealer shall continue to have right to get one of the parts of the sample analysed by Accredited Laboratory and in case of variance, even approach Referral Laboratory for analysis of other part of sample and have final word from Referral Laboratory.
Besides, the court directed the concerned authorities to give particulars of accused in three complaints filed against M/s Khyber Agro Milk Farms, M/s Avon Agro Industries Private Limited and M/s Kanwal Agro Food Industries, and the position they hold in the company, so as to enable the Court to examine whether complaint has been filed against all those allegedly involved in commission of offence as provided under Food Safety and Standard Act.
It asked the concerned authorities whether the Proprietors/Directors of the companies required to be arrayed as accused in terms of the Act, are shielded and complaints are filed only against lower rung employees of the companies.
“As there is a general impression that what is sold in the market by M/s Khyber Agro and other companies, is pure cow’s milk, M/s Khyber Agro Milk Farms as also all companies engaged in marketing milk, shall inform general public through print media what is sold by them is not pure cow’s milk but processed milk,” the court said. “They shall also notify the source of milk marketed as well as mode and manner in which marketed milk is processed.”
The court asked the respondents to submit analysis reports of samples lifted from food items marketed by these companies in compliance of order dated 13th February 2014.
Commissioner Food Safety has been directed to file an affidavit explaining reason for disobedience of order dated 13th February 2014.
Petitioners’ were represented by Advocate S M Ayoub while respondents were represented by Advocates Z A Shah, F A Mir and Shuja-ul- Haq Tantray (GA).
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