FSSAI'S "MAGNA CARTA"!-A HALF BAKED "CAKE" AT BEST?

It took more than 5 years for various ministries in the GOI to convert the 2006 Act into an "implementable" program and there could be justified jubilation that at last India has a unified food safety enforcement program equitable and legally sound that is beyond challenge in any court. Unfortunately this was only a pipe dream as the Rules and Regulations promulgated as a part of the Act are being challenged in different parts of the country for various reasons, some genuine and others by parties with vested interests. It is sad that the Law Ministry of GOI did not foresee this development even after "vetting" for years together and the consumer safety has become the casualty of such official callousness. Here is some aspects of FSSAI rules and regulations now being challenged in Tamil Nadu courts recently. 

"The judge stated that he was inclined to pass such orders as the High Court had already granted similar interim orders on November 8 last year in two other writ petitions. The provisions that were stayed included Sections 3(1)(a), (za), (zf), 5(1)(a), 13, 14, 23, 31, 40, 50 to 65 and 77 of the Food Safety and Standards Act, 2006. According to the petitioners, the Legislation enacted in 2006 and implemented from August 5 last year severely affected those engaged in food business. While the first three Sections that were challenged related to the definitions of adulterant, licence, and misbranded food, the other provisions related to composition of Food Authority, scientific panels, and scientific committees for implementing the Act. The Sections dealing with packaging and labelling of foods and licensing and registration of food business were also under challenge. The petitioners were also aggrieved against provisions imposing penalties, which they termed as very high. Sections 50 to 65 of the Act stipulated the penalties and punishments that could be imposed for manufacturing and selling sub-standard food, misbranded food, food containing extraneous matter and for issuing misleading advertisements".

That food industry in general is not happy with the law of the land now being enforced is well known, though part of this dissatisfaction might be due to making some provisions some what stringent to its liking.  It is not clear what lies ahead for the consumer in this country with the operation of many important provisions being stayed by the court. Is it going to be a free for all situation where fraudsters and adulterators can make tons of money at the expense of the consumer? Another debatable point is whether the courts are justified in staying the operation of such an important legislation since "loss of business" can never over ride the safety of the citizens in the country. If at all the Law was found deficient legally, the court could always order compensation from the government in lieu of business lost. One can only hope that the legal complications surfacing now will be resolved with least delay in the interest of all concerned. 

V.H.POTTY
http://vhpotty.blogspot.com/
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