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TMI Blog2013 (10) TMI 1400X X X X Extracts X X X X X X X X Extracts X X X X ..... rit Petition is disposed of with the above directions to strictly follow the provisions of the FSS Act as well as the Rules and Regulations framed thereunder. - WRIT PETITION (CIVIL) NO. 681 OF 2004 - - - Dated:- 22-10-2013 - RADHAKRISHNAN,K.S AND MISRA,DIPAK, JJ. JUDGEMENT K. S. Radhakrishnan, J. 1. The writ petition was preferred for constituting an independent Expert/Technical Committee to evaluate the harmful effects of soft drinks on human health, particularly on the health of the children, and also for a direction to respondent No. 1 Union of India to put in place a regulatory regime which could control and check the contents in a particular chemical additive in foods, including soft drinks. Further, direction was also sought for against respondent no. 1 to make it mandatory for the soft drinks manufacturers to disclose the contents and their specific quantity on the labels of soft drinks, including appropriate warnings, qua a particular ingredient, and its harmful effects on the people. Petitioner has also sought for a direction to respondent no. 1 to check and control the misleading advertising of soft drinks, particularly advertisements targeted at ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the directions given by this Court, the petitioner s grievances regarding the ingredients of soft drinks were considered by the scientific panel on labelling and advertising and not by the scientific panel on food additives. Petitioner submitted that the issue could have been considered by the scientific panel for food additives only and not by the panel which has been constituted to consider issues of labelling and advertising. The petitioner also submitted that even the recommendations made by the Ganguly Committee were not followed by the above mentioned committees. Ganguly Committee has recommended for a well controlled studies to assess effects of consumption of carbonated water on health and also an independent cell for risk analysis . Petitioner has pointed out that consumption of large amount of Caffeine (methylated xanthine) can cause diseases and disorders, such as, insomnia, nervousness, anxiety and so on, which has been used as an additive in soft drinks and is harmful to human life. In support of this contention, reference has been made to various research papers which have highlighted the harmful effects of consumption of Caffeine. 5. Petitioner has also highlig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h force in this contention, when we examine the credentials of the members of the scientific panel on labelling/advertising. Further, we notice that the grievances were examined by the experts who are scientific experts, not by the members of the panel chosen, who are only conversant with labelling/advertising etc. In any view, we notice that the Act provides for a machinery for examining the grievances and if a citizen has got any complaint with regard to the ingredients of any soft drinks, he can approach the machinery. Section 40 of FSS Act also enables the purchaser of any article of food to get analyzed such food from the Food Analyst after informating the food business operator at the time of purchase of his intention to have such article so analyzed. The Statute also provides penal provisions in case there is a contravention or noncompliance of the regulations framed. 8. FSS Act has been enacted to consolidate laws relating to food and to establish the Food Safety and Standards Authority in India for laying down science based standards for articles of food. The Act is also intended to regulate the manufacture, storage, distribution, sale and import, to ensure availability ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be the duty of the Food Authority to regulate and monitor the manufacture, processing, distribution, sale and import of food, and shall specify, by regulations, the standards and guidelines in relation to articles of food, mechanisms and guidelines for accreditation of certification bodies engaged in certification of food safety management systems for food businesses and notify the accredited laboratories etc. 10. Chapter III deals with the general principles of food safety. The said provisions are extracted hereunder for an easy reference: CHAPTER III GENERAL PRINCIPLES OF FOOD SAFETY 18. General principles to be followed in administration of Act.- The Central Government, the State Governments, the Food Authority and other agencies, as the case may be, while implementing the provisions of this Act shall be guided by the following principles, namely:- (1) (a) endeavour to achieve an appropriate level of protection of human life and health and the protection of consumers' interests, including fair practices in all kinds of food trade with reference to food safety standards and practices; (b) carry out risk management which shall include taking into account th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... standards or practices exist or are in the process of being formulated, unless it is of opinion that taking into account of such prevalent practices and conditions or international standards or practices or any particular part thereof would not be an effective or appropriate means for securing the objectives of such regulations or where there is a scientific justification or where they would result in a different level of protection from the one determined as appropriate in the country; (b) determine food standards on the basis of risk analysis except where it is of opinion that such analysis is not appropriate to the circumstances or the nature of the case; (c) undertake risk assessment based on the available scientific evidence and in an independent, objective and transparent manner; (d) ensure that there is open and transparent public consultation, directly or through representative bodies including all levels of panchayats, during the preparation, evaluation and revision of regulations, except where it is of opinion that there is an urgency concerning food safety or public health to make or amend the regulations in which case such consultation may be dispensed with: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fied substance in food resulting from the use of a pesticide and includes any derivatives of a pesticide, such as conversion products, metabolites, reaction products and impurities considered to be of toxicological significance and also includes such residues coming into food from environment; (2) residues of veterinary drugs include the parent compounds or their metabolites or both in any edible portion of any animal product and include residues of associated impurities of the veterinary drug concerned. The above mentioned section provides that no article of food shall contain insecticides or pesticides, veterinary drugs residues, antibiotic residues, solvent residues, pharmacological active substances and micro-biological counts in excess of such tolerance limit as may be specified by the regulations. It also provides that no insecticide shall be used directly on articles of food except fumigants registered and approved under the Insecticide Act, 1968. 13. Section 24 of the FSS Act deals with restrictions of advertisement and prohibition as to unfair trade practices and reads as follows: 24. Restrictions of advertisement and prohibition as to unfair trade practice ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ad with the above mentioned regulations provides that no person shall manufacture, distribute, sale or expose for sale or despatch or deliver to any agent or broker for the purpose of sale, any packaged food products which are not marked and labelled in the manner, as may be specified. It further provides that every food business operator shall ensure that the labelling and presentation of food does not mislead the consumers. Section 24, which we have already referred to earlier, provides for restriction on advertisement of any food which misleads or contravenes the provisions of the FSS Act or the rules and regulations made thereunder. Advertisements for carbonated beverages are being monitored by the Advertisement Standards Council of India (ASCI), as per the above mentioned regulations as well as the ASCI Code. 15. We may indicate that most of the situations have already been taken care of by the above mentioned provisions of the FSS Act as well as the regulations mentioned hereinbefore, so as to achieve an appropriate level of protection of human life and health and protection of consumers interest, including fair practices in all counts of food trade with reference to food ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... required to be made in the descending order and Nutritional Information is also required to be declared. Adequate provisions are also in place under PFA together with the Rules and Regulations made in that behalf to deal with misleading advertisements. Reference may also be made to Rule 43A of PFA Rules, 1955. 19. Article 21 of the Constitution of India guarantees the right to live with dignity. The right to live with human dignity denies the life breach from the Directive Principles of the State Policy, particularly clauses (e) and (f) of Article 39 read with Article 47 of the Constitution of India. Article 47 reads as follows: 47. Duty of the State to raise the level of nutrition and the standard of living and to improve public health.- The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health. 20. Article 12 of the International Covenant on Economics, Social and Cultural Ri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t contain insecticides or pesticides residues, beyond the tolerable limits, causing serious health hazards. We notice, fruit based soft drinks available in various fruit stalls, contain such pesticides residues in alarming proportion, but no attention is made to examine its contents. Children and infants are uniquely susceptible to the effects of pesticides because of their physiological immaturity and greater exposure to soft drinks, fruit based or otherwise. 24. We, therefore, direct the Food and Safety Standards Authority of India, to gear up their resources with their counterparts in all the States and Union Territories and conduct periodical inspections and monitoring of major fruits and vegetable markets, so as to ascertain whether they conform to such standards set by the Act and the Rules. 25. Penal provisions are also provided in the Act. It is, therefore, of utmost importance that the provisions of the Acts are properly and effectively implemented so that the State can achieve an appropriate level of human life and health, safeguarding the right to life guaranteed under Article 21 of the Constitution of India. 26. The Writ Petition is disposed of with the above d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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