Court directs for appointment of Food Commissioners

Penalty for food adulteration not enough: HC

SRINAGAR, May 23: The High Court today directed the Government to create post for Food Safety Commissioner and other allied post under Food Safety and Standards Act by next date of hearing of the case.

These directions came after the Court has been informed by Controller Food Safety that the charge of Food Safety Commissioner (FSC) is with the Commissioner/Secretary Health Department and the proposal for appointment of FSC was sent to Government but there has been no response till date.

She also informed the court about the allied post in the department. She submitted that there are 106 posts of Food Safety Officers (FSO) and out of it 70 are in place and further 36 have been referred to recruitment board (SSRB) for filling up of remaining posts.

The Division Bench of Chief Justice Badar Durez Ahmad and Justice Ali Mohammad Magrey directed for filling up of these posts by next date and sought status report in this connection form the concerned authorities. “Posts of Food analyst be also filled up by next date”, DB directed.

Court during the proceedings questioned to Controller Food Safety whether these 76 FSOs are fully qualified for the post to which, she said, they are. Court also questioned about the mobile vans, which were formed in terms of previous directions and in this regard court has been informed that department has received 5 mobile vans but manpower (drivers) for these vans are yet to be appointed.

Court also directed authorities for installation of required equipments in both the labs at Srinagar as well as in Jammu to meet the requirements and in this regard Court directed Chief Executive Officer of Food Authority of India to depute a qualified person to visit both the labs in Srinagar as well as in Jammu to find out as to whether these Labs are fulfilling the requirements under the Food Safety Standards Act. “Learned counsel for State (M I DR) shall communicate the order to CEO FAI for information”.

Meanwhile, Court has been apprised about the steps taken for controlling the food adulteration and in this regard as per status report number of samples have been taken in Jammu as well as in Srinagar and cases filed against those who have been found to be selling sub-standard food and lakhs of rupees have been realized from them as penalty. Court, to this, observed that penalty is not enough and asked “if a child is given substandard food, what would happen to him”?

Court has been informed that Rs 8.5 crores have been received for further up-gradation of two labs.

Court was apprised that from March 2016 to March 2017, 2179 samples have been lifted in Jammu Division and 1806 samples were tested in which 365 samples have been found in contravention of FSS Act and 373 samples are pending for testing. In Kashmir Division, 1594 samples have been lifted and 1150 samples tested Out of them, 241 have been found in contravention of FSS Act and 444 samples are pending for testing.

In Kashmir as well as in Jammu Division, prosecution has been launched against 156 and 260 respectively as also Rs 55,500 and Rs 8,34,500 have been imposed as penalty on food business operators respectively.