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TMI Blog2010 (5) TMI 956X X X X Extracts X X X X X X X X Extracts X X X X ..... ct, 1986 ("BIS Act") and the Prevention of Food Adulteration Act, 1954 ("PFA Act") as well as the Food Safety and Standards Act, 2006 ("FSSA") against all "local units manufacturing and selling packaged drinking water without licence and BIS Certification Mark". 2. It is the Petitioner‟s case that although Section 14 of the BIS Act makes it mandatory for certain food articles including "packaged drinking water" to conform to the Indian Standard and mandatorily use the Standard Mark under Section 14 of the BIS Act read with Rule 49 (28) of the Prevention of Food Adulteration Rules 1955 (PFA Rules), there are a large number of units in Delhi selling packaged drinking water without complying with the above norms. Apart from violation of Section 14 of the BIS Act, it is alleged that there is violation of the PFA Rules read with the PFA Act as well. It is stated that in June 2009, the attention of the UOI was drawn to the above fact and the names of seven such illegal manufacturers along with their addresses was furnished. Yet no action was taken to stop such illegal activities. Annexure P-3 to the petition lists out some of the labels unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y 2010 sets out a tabulated chart which shows the discrepancies in the inspection reports of the BIS and the PFA Department. While the BIS found that at least 7 of the 8 units were operational, the PFA Department found them to be "not functioning". 8. When questioned about these discrepancies, Mr. N. Waziri, learned Standing counsel for the GNCTD, stated that unless the product, displayed a label stating "packaged drinking water" and was sold with a sealed cap the question of the applicability of the PFA Rules did not arise. In other words, according to him if the packaged drinking water did not conform to the requirements of the PFA Act, the PFA Rules and the BIS Act, no action under those statutes could be taken against the manufacturers of such packaged drinking water. 9. Mr. Ramesh Kumar, learned counsel appearing for the Director General, BIS took the stand that it is only when there is a misuse of the ISI mark can any action be taken under the BIS Act. He drew attention to the statement made in para 16 of the counter affidavit of the BIS to the following effect: "……for offences under Rule 49 (28) of the PFA Rules, 1955, the PFA Authorities alone can initiate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re of any article. 13. Under Section 14 of the BIS, if the Central Government is of the opinion that it is expedient so to do, it may by order published in the official gazette notify any article or process of any scheduled industry which shall conform to the Indian Standard; and direct the use of the Standard Mark under a licence as "compulsory on such article or process." Under Rule 49(28) of the PFA Rules use of the Standard Mark under the licence for "packaged drinking water" has been made mandatory. The BIS Standards for packaged drinking water is specified in IS 14543:2004. The clauses thereunder state that water derived from any source of potable water is subject to certain treatments and that the treatments require bringing the article within certain permissible parameters. 14. Rule 5 of the PFA Rules provides that the "Standards of quality of the various articles of food specified in Appendices B, C and D to these Rules are as defined in those Appendices. Entry A-33 pertaining to "packaged drinking water" (other than mineral water) in Appendix B to the PFA Rules is relevant for this purpose. The definition "packaged drinking water" indicated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ess than Rs. 1,000. 16. The amendment to the PFA Rules by mention of Rule 49 (28) makes the use of a BIS Mark for packaged drinking water mandatory. Therefore, it is also a mandatory requirement under Section 14 of the BIS Act. The words "Indian Standard" under Section 2(g) of the BIS Act have been defined as under: "Indian Standard means the standard (including any tentative or provisional standard) established and published by the Bureau, in relation to any article or process indicative of t he quality and specification of such article or process and includes- (i) any standard recognised by the Bureau under clause (b) of Section 10; and (ii) any standard established and published, or recognised, by the Indian Standards Institution and which is in force immediately before the date of establishment of the Bureau" 17. Consequently, if packaged drinking water is sold without the usage of the BIS Mark, then the offence under Section 14 read with Section 33 of the BIS Act stands attracted. This prescribes the punishment for a terms which may extend to one year or a fine which may extend to Rs.50,000/-, or both. Under Section 34 "no court shall take cognizance of any o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... other. 23. Therefore, the prayer in the petition that a direction should be issued to the Respondents to take actions under the BIS Act and the PFA Act require to be accepted. 24. The action is sought to be taken against all the relevant units manufacturing and selling packaged drinking water without a licence and without a BIS Certification Mark. In order to ensure the letter and spirit of the law, a task force be constituted by the Secretary, Ministry of Health & Family Welfare comprising a senior representative of the Department of PFA and the BIS, GNCTD both nominated by their respective Director Generals and a Senior Representative of the Delhi Police within a period of two weeks from today. The task force will co-ordinate amongst the various departments and constitute special crack units which will undertake surprise checks at various locations of manufactures of packaged drinking water and initiate strict action in terms of the provisions contained under the PFA as well as the BIS Act and the Rules made under those Statutes. 25. Considering that the water borne diseases are on the increase during the summer months, time is of the essence for all of the above directions. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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