TaxTMI 
TaxTMI 
2016 (8) TMI 1613
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....in Raja, Adv., Mr. P. V. Yogeswaran, Adv., Mr. Ajay Bansal, AAG, Mr. Kuldip Singh, Adv., Mr. Gaurav Yadava, Adv., Mr. Dheeraj Gupta, Adv., Mr. Satyendra Kumar, Adv., Ms. Sharmila Upadhyay, Adv., Mr. Balaji Srinivasan, Adv., Mr. Shiv Mangal Sharma, Adv., Mr. Milind Kumar, Adv., Mr. Sitesh Narayan, Adv., Mr. Tapesh Kumar Singh, Adv., Mr. B. Balaji, Adv., Mr. S. Ramsubramanian, Adv., Mr. M. Muthuvel Palani, Adv., Mr. A. Arvind A.Adv., Mr. Mishra Saurabh, Adv., Ms. Suryanarayana Singh, Adv., Ms. Pragati Neekhra, Adv., Mr. K.V. Jagdishvaran, Adv., Ms. G. Indira, Adv., Mr. Edward Belho, AAG, Mrs.K.Enatoli Sema, Adv., Mr. Amit Kumar Singh, Adv., Mr. L. Luikang Michael, Adv., MR. Elix Gangmei, Adv., Mr. V.G. Pragasam, Adv., Mr. Prabu Ramasubramanian, Adv., Mr. Mehmood Pracha, Adv., Mr. Shadan Farasat, Adv., Mr. Anil Shrivastav, Adv., Mr. M. R. Shamshad, Adv., Mr. Rajat Singh, Adv., Mr. Aditya Sasmaddar, Adv., Ms. Niranjana Singh, Adv., Mr. Siddharth Singla, Adv., Mr. Dheeraj Nair, Adv., Mr. Sapam Biswajit Meitei, Adv., Mr. Naresh Kumar Gaur, Adv., Mr. Z.H. Isaac Haiding, Adv., Mrs. L. Thongam, Adv., Mr. Ashok Kumar Singh, Adv., JUDGMENT R. BANUMATHI, J. The present writ petition is fi....
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.... Safety and Standards Act, 2006 [for short "the FSS Act"] came into force with effect from 5.8.2011, the provisions of the Act are being sincerely implemented by the States and also indicating action taken by the States, number of prosecutions launched and status of those cases. States have further stated that after the National Survey on Milk Adulteration by FSSAI in 2011, comprehensive action is being taken by the State Governments to check whether milk is being adulterated with chemicals and stringent action is being taken in accordance with FSS Act and penal laws. 4. We have heard the learned counsel appearing for the petitioners, Union of India and counsel appearing for various States. 5. On behalf of Union of India, it was submitted that a fair mechanism for dealing with food safety and standards and for checking adulteration is in place. As the Parliament has enacted Food Safety and Standards Act, 2006 and Regulations, 2011 which are effective in taking care of the food safety and standards, it becomes, therefore, important to firstly refer to the legislative efforts made by the Union of India. The Parliament has enacted Food Safety and Standards Act, 2006 which is exhaust....
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....egulate 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. In exercise of powers conferred by Section 91 of the FSS Act, the Central Government framed the Food Safety and Standard Rules, 2011 which came into force on 05.08.2011. In exercise of powers conferred by Clause (o) of Sub-section (2) of Section 92 read with Section 31 of FSS Act, Central Government framed regulations viz. Food Safety and Standards (Licencing and Registration of Food Businesses) Regulations 2011. Under the said Regulation by virtue of Regulation 2.1, all food business and food operators are required to obtain licence and get themselves registered as per the provisions of FSS Regulation, 2011. The definition of the Food Operator, Food business and food are laid down under Section 3(o), 3(n) and 3(j) respectively of FSS Act, 2006. Likewise in exercise of powers conferred by Clause (k) of Sub-secti....
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....e reasonable grounds to suspect that a food may present a risk for human health, then, depending on the nature, seriousness and extent of that risk, the Food Authority and the Commissioner of Food Safety shall take appropriate steps to inform the general public of the nature of the risk to health, identifying to the fullest extent possible the food or type of food, the risk that it may present, and the measures which are taken or about to be taken to prevent, reduce or eliminate that risk; and (g) where any food which fails to comply with food safety requirements is part of a batch, lot or consignment of food of the same class or description, it shall be presumed until the contrary is proved, that all of the food in that batch, lot or consignment fails to comply with those requirements. 9. The general principles referred to above are to be followed in the administration of the Act, by the Central Government, the Food Authority, the State Governments and other agencies, while implementing the Regulations and specifying food safety standards or while enforcing or implementing the provisions of the FSS Act. The Food Authority, while discharging its functions, shall take into accoun....
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.... product remains homogeneous and no deposition of solids takes place on standing; 1.2.5. Flavoured Milk, by whatever name called, may contain nuts (whole, fragmented or ground) chocolate, coffee or any other edible flavor, edible food colours and cane sugar. Flavoured milk shall be pasteurized, sterilized or boiled. The type of milk shall be mentioned on the label; 1.2.6. Full Cream Milk means milk or a combination of buffalo or cow milk or a product prepared by combination of both that has been standardized to fat and solids-not-fat percentage, given in the table below in 2.1.1:1, by adjustment/addition of milk solids, Full Cream Milk shall be pasteurized. It shall show a negative phosphatase test. It shall be packed in clean, sound and sanitary containers properly sealed so as to prevent contamination; 1.2.10. MILK is the normal mammary secretion derived from complete milking of healthy milch animal without either addition thereto or extraction therefrom unless otherwise provided in these regulations. It shall be free from colostrum. Milk of different classes and of different designations shall conform to the standards laid down in the Table below in 2.1.1:1 Total area co....
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....itary measures to be followed by the Food Business Operators. 12. Sections 50 to 65 of FSS Act deal with punishment for contravention of the provisions. Section 59 of the Act provides for punishment for unsafe food. As per Section 89 of the Food Safety and Standards Act, 2006, provisions of the Act shall have overriding effect over all other food laws. Section 97 (2) repeals any other law for the time being in force in any State at the time of commencement of the Act. Taking note of the seriousness of the offence, State of Uttar Pradesh has amended Section 272 of the Indian Penal Code by enhancing the sentence to imprisonment for life and also fine. Similar amendment has been made by the States of West Bengal and Orissa. State of Madhya Pradesh in its counter affidavit has stated that it has also decided to amend Section 272 of IPC by enhancing the sentence to imprisonment for life with or without fine and consequential amendments to Schedule II to the Criminal Procedure Code. Considering the seriousness of the offence, the Supreme Court vide its orders dated 05.12.2013 and 30.01.2014 has directed similar amendments be made in other States as well. Vide its order dated 10.12.2014,....
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....orming samples in loose and packed milk. The samples were collected randomly and analysed from 33 States. The samples were sent to various Govt. laboratories namely, Department of Food and Drug testing, Government of Puducherry, Central Food Laboratory, Pune, Food Research and Standardization Laboratory, Ghaziabad, State Public Health Labaoratory, Guwahati and Central Food Laboratory, Kolkata for analysis. The following parameters were analysed such as Fat (%), SNF (%), Neutralizers, Acidity, Hydrogen Peroxide, Sugar, Starch, Glucose, Urea, Salt, Detergent, Skimmed milk powder, and Vegetable fat to ascertain the presence of adulterant. 15. The Summary of National Survey on Milk Adulteration on "FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA" (FSSAI) National Survey on Adulteration of Milk-An Overview. Dated: 02.01.2012, reads as under:- "...... 3. The total conforming samples to the FSSA standards were 565 (31.5%). The total non-conforming samples were found to be 1226 (68.4%). 4. The non-conformity of samples in rural areas were 381 (31%) out of which 64 (16.7%) were packet samples and 317 (83.2%) were loose samples and in urban areas the total non confirming samples were 845....
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.... risk to the infants, children and also adults. 17. To safeguard infants/children and general public from dangers of adulteration of milk, FSSAI mandates an upper limit for certain micro organisms in pasteurized milk, these norms are necessary because it is stated that even milk from healthy cows and buffalos is vulnerable to bacterial contamination once it is stored for sometime at normal temperature. It is stated that besides minor skin infections, some bacteria can cause life endangering diseases such as pneumonia and diarrhea. 18. In the interim order dated 05.12.2013, this Court has expressed concern on adulteration of milk and milk products by unabated use of synthetic and harmful materials sold in the market. The consumption of adulterated milk and milk products is hazardous to human health and the state of affairs is alarming. Taking note of the seriousness of the matter vide order dated 30.01.2014, this Court directed Union of India and the States to file affidavits indicating the steps taken for curbing the adulteration of milk and indicating the number of cases identified where milk was adulterated with hazardous chemicals and details of prosecution launched and the re....
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....ionally infants/children are fed milk, adulteration of milk and its products is a concern and stringent measures need to be taken to combat it. The consumption of adulterated milk and adulterated milk products is hazardous to human health. As directed by this Court by order dated 10.12.2014, it will be in order that the Union of India come up with suitable amendments in the Food Safety and Standards Act, 2006 and the respondent-Union of India shall also make penal provisions at par with the provisions contained in the State amendments as indicated above. 21. As observed by this Court in the orders dated 05.12.2013 and 10.12.2014, it will be in order, if the Union of India considers making suitable amendments in the penal provisions at par with the provisions contained in the State amendments to the Indian Penal Code. It is also desirable that Union of India revisits the Food Safety and Standards Act, 2006 to revise the punishment for adulteration making it more deterrent in cases where the adulterant can have an adverse impact on health. 22. Considering the seriousness of the matter and in the light of various orders passed by this Court, the Writ Petition is disposed of with the....