HC told food testing labs do not have mandatory accreditation with central panel

“Unless the labs are accredited they have no meaning as per the section 43 of the Food Safety and Standards Act,” Paracha told the court

The Food Safety and Standards Authority of India (FSSAI) on Monday told the High Court that the two food testing labs in the state are not accredited with the National Accreditation Board for Testing and Calibration Laboratories (NABL), which is mandatory.

Counsel for the FSSAI Mehmood Paracha told a division bench of Chief Justice Baddar Durrez Ahmad and Justice Ali Muhammad Magrey that the two food testing labs-- Public Health Lab, Patoli and Jammu and Public Health Lab, Dalgate--are not accredited with the NABL. 

“Unless the labs are accredited they have no meaning as per the section 43 of the Food Safety and Standards Act,” Paracha told the court. 

The court directed the government to get the accreditation certificate from the board within two months. 

Earlier, an expert two-member panel from the FSSAI had informed the High Court that the state’s food testing labs were not functioning properly. 

Both the labs, it had said, were not carrying out any tests for contaminants such pesticide residues, heavy metals, veterinary drug residues, crop contaminants and naturally occurring toxic substances.

As soon as the matter came up for the hearing today, Amicus Curie and senior advocate Bashir Ahmad Bashir pleaded that the Food Safety and Standard Act needs to be implemented strictly to avoid food adulteration in the state. 

The Amicus suggested that the food testing labs should be set up in all districts for speedy analysis of food samples. 

Regarding the appointment of an independent food commissioner, the commissioner secretary health and medical education told the court that a proposal in this regard has been submitted to the government. 

“The proposal stands submitted to the finance department which has to clear it,” he said. 

Following the submission, the court asked the finance department to clear the proposal within two weeks and forward it to the concerned for necessary action. 

While the requirement of food safety officers and public analysts and their appointment cropped up today again before the bench, Additional Advocate General MI Dar assured the court that the staff will be provided to the food safety department on priority. 

The court directed the government to ensure the two food testing labs are fully equipped within two weeks. 

While the court was earlier informed that 76 food safety officers (FSOs) were in place out of the 106 sanctioned posts, it directed for filling up of the vacant 36 posts. 

The court also said that food analyst post be also filled up immediately. The court was, however, informed that 36 posts of FSOs have been referred to the Services Selection Board.