The Madhya Pradesh High Court recently disposed of a PIL while granting liberty to the petitioner to make further study in depth and find out if there are still any lacuna in the implementation of the Food Safety and Standards Act 2006.
The PIL was filed by petitioner Prafulla Prakash Tripathi with a prayer that the State Government be directed to make rules and regulations in exercise of power conferred under Section 94 of the of the Food Safety and Standards Act, 2006 and till the formation of such rules, the old rules be kept in force.
The petitioner has filed the PIL following the enactment of Food Safety Rules, 2006 and submitted that the State Government by virtue of power conferred on it under Section 94 of the Act of 2006, ought to have immediately framed the rules to give effect to its provisions and it has not done so.
The State Government in its reply has stated that the main grievance of the petitioner is in respect of framing of rules as per the provisions of Act of 2006 and it has been contended by the petitioner that in spite of the lapse of 6 years, the State Government has not framed rules under the provisions of Section 94 of the Act, 2006.
In this regard, it is submitted that the Act of 2006 has come into force with effect from August 5, 2011 only the Central Government under the Act has constituted a statutory body known as the Food Safety and Standards Authority of India (FSSAI) which has framed number of Rules and Regulations on all the important issues, these rules and regulation are:- 1. The Food Safety and Standards Rules, 2011. 2. The Food Safety and Standards (Licensing and Registration of Food Business) Regulations, 2011. 3. The Food Safety and Standards (Packaging and Labelling) Regulations, 2011. 4. The Food Safety and Standards (Food products Standards and Food Additives) Regulations, 2011. 5. The Food Safety and Standards (Prohibition and restrictions on Sales) Regulations, 2011. 6. The Food Safety and Standards (Contaminants, Toxins and Residues) Regulations, 2011. 7. The Food Safety and Standards (Laboratory and Sample Analysis) Regulations, 2011. 8. The Food Safety and Standards (Removal of Difficulties) Regulations, 2011 etc.
It is further submitted by the state government that the Food Safety and Standards Rules 2011 and various regulations made by the FSSAI cover as stated above all the important aspects and subjects which are necessary for effective implementation of the Act. Since enough rules and regulations have been brought into force by the Central Government and FSSAI, the State Government does not feel any necessity to frame any rules on any issue.
Also Read: Delhi High Court notice on application against LG order staying Delhi Govt’s Ghar Ghar Ration Yojna
The answering respondents submit that as per the provisions of section 43 of the Act of 2006 it is clear that Food Authority has been given ample powers for notifying laboratories for carrying the test etc. and therefore it is not required for the State Government to frame any further rules.
In view of the categorical stand taken by the State Government that the Central Government of India having exercised its powers conferred under Section 91 of the Act of 2006, has framed the rules known as the Food Safety and Standards Rules, 2011 and the Food Safety and Standards Authority of India has promulgated number of regulations. All the important aspects and subjects which are necessary for effective implementation of the Act, are already covered. Since enough rules and regulations have been brought into force by the Central Government and FSSAI, the State Government does not deem it necessary to frame any further rules on this issue.
It is further stated that Section 43 of the Act of 2006 also provides that Food Authority has been given ample powers for notifying laboratories for carrying out the test etc., therefore, the State Government is not required to frame any further rules in this respect.
Also Read: Madhya Pradesh High Court dismisses PIL for filing it without research
The Jabalpur Division Bench of Chief Justice Mohammad Rafiq and Justice Vijay Kumar Shukla having regard to the stand taken by the respondents/State and the fact that the matter is pending for the last 9 years, do not see any point in keeping the petition pending.
“However, liberty is given to the petitioner to make further study in depth and find out if there still exists any lacuna in the implementation of the aforesaid Act, Rules and Regulations or any further action is required to be taken by the State Government. If so, the petitioner shall approach the respondents, and if nothing is done in a reasonable time, he may again approach this Court,” the order reads.