TaxTMI 
TaxTMI 
2022 (1) TMI 1499
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....cunderabad and teaches 'sales and marketing' and the second petitioner is a retired employee of A.P. Transco and a Trade Union Leader, as stated in the writ petition. They have stated that they are public spirited persons and they are engaged in ensuring strict implementation of laws, especially those relating to safety of food. 3. The petitioners have stated that Ethephon is an insecticide and is a hazardous substance. It is a corrosive phosphoric acid and an organophosphorous chemical and the Ethephon sachets, which are being sold in the market for ripening of the fruits, are highly risky. There is a possibility of leakage of Ethephon from porous sachets resulting in health hazards. Ethephon is recognised as potentially causing burns to the mouth, oesophagus and large number of deceases and therefore, as it is an insecticide, the same cannot be permitted to be used by issuing directions by the FSSAI. It has been further stated that Ethephon is registered as insecticide keeping in view Section 3(e)(i) and 3(e)(iii) of the Insecticides Act, 1968. Section 21(2) of the Food Safety and Standards Act, 2006 specifically states that no insecticide other than the registered and approve....
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.... the guidelines with further discussion with experts. The matter was discussed in the 20th Scientific Panel on Fruits and Vegetables held on 20.07.2020 and the Committee has approved derivates of Ethephon to be a safe source of Ethylene gas. The contention of the Intervener is that the Ethephon sachets are being used for the purpose of producing Ethylene gas and therefore, the petition filed by the petitioners deserves to be dismissed. 5. Another application for intervention i.e., I.A.No.2 of 2021 in W.P. (PIL) No.176 of 2020 has been filed by M/s.Heighten Innovative Solutions Private Limited, which is registered under the Companies Act and is engaged in the business of applying science and technology based solutions to reduce use of synthetic chemicals, including those in the pesticides/insecticides class, to promote organic and natural food production and consumption, reduce environmental and adverse health impacts on human beings and animals, and other life forms and promote development, pursue invention and innovation in the fields of agricultural and horticultural production and environmental protection. It is stated in the affidavit accompanying the application that it pro....
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.... chambers are not available and its use is permitted only to curb the illegal use of carbide in the country. Various safety checks/tests carried out from time to time in respect of usage of Ethephon have already been stated in the counter and prays for dismissal of the writ petition. 7. A rejoinder has been filed by the petitioners and much reliance has been placed upon the Insecticides Act as well as Insecticides Rules, 1971. It has been argued that Rule 10C of the Insecticides Rules, 1971 prohibits manufacture, store or sale of insecticides in the same building where any articles consumable by human beings. Reliance has also been placed upon the FSS (Prohibition) Rules and much has been argued that the FSSAI does not have an authority to issue executive instructions, circulars, orders contrary to the provisions contained under the Food Safety and Standards Act. 8. This Court has appointed Sri S. Niranjan Reddy, learned Senior Counsel, as amicus curiae, who has assisted this Court during the hearing and also filed a brief note on Ethephon. It has been stated that Ethephon is a chemical substance and is also known by its synonym 'Ethrel'. This is a substance, which is classif....
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....ndards Act has permitted use of Ethephon for artificial ripening of fruits vide Order dated 16.08.2018 and the same is reproduced as under:- "File No: Stds/FVS/SP/13/FSSAI-2018 Food Safety and Standards Authority of India (A Statutory Authority established under Food Safety and Standards Act, 2006) FDA Bhavan, Kotla Road, New Delhi-110002 Dated: 16th August, 2018 Subject: Direction under Section 16 (5) of Food Safety and Standards Act, 2006 regarding permission for use of ethephon for artificial ripening of fruits - reg. In exercise of the powers conferred by section 92 of Food Safety and Standards Act, 2006 (34 of 2006), the Food Safety and Standards Authority of India has framed the Food Safety and Standards (Prohibition and Restrictions on Sales) Second Amendment Regulations, 2016 relating to use of ethylene gas for artificial ripening of fruits and the same was uploaded on website on 30.08.2016. 2. Several representations have been received at FSSAI regarding clarification on use of ethephon as source of ethylene gas for artificial ripening of fruits. The issue was examined and it is clarified that ethephon in powder form ma....
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....g mixture in the sachets should be as per the composition recommended below. This ripening method may be used where ripening chambers are not available or for in transit ripening. The sachet must generate ethylene gas only and should not contain any traces of calcium carbide or acetylene gas. Composition: 2 chloroethylphosphonic acid (Ethephon), and combination of alkali (oxides and carbonates of magnesium and calcium, sodium and potassium carbonates and bicarbonates, magnesium silicates). a. Keep the fruit in air tight boxes or make the boxes air tight by paper etc. b. Take ethylene forming sachet [(500 mg containing 50 mg 2 chloroethyl phosphonic acid (Ethephon)] and dip it in water for 5-10 seconds. c. Place the water soaked sachet in perforated plastic box (approximately 5cm x 5 cm x 5 cm size). d. Place this small plastic box containing the sachet into the fruit box/crate (approximately at the centre of box/crate) having volume of 2.7 m3, which should be sufficient for 10 kg fruits. The ethylene gas generated will not exceed 100 ppm. e. Remove the small plastic box containing the sachet after 24 hours." 12. Much has been....
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.... the statutory provisions as contained under the Insecticides Act. 16. This Court, in the light of the aforesaid, does not find any reason to interfere with the Order dated 18.08.2018 issued by the FSSAI nor with the Guideline Note No.04 of 2018 and therefore, the Public Interest Litigation deserves to be dismissed. W.P.No.3272 of 2021: 17. The writ petition has been filed for quashment of the Order dated 23.11.2019 issued by the Government of Telangana. In the aforesaid order, the Government of Telangana has directed the Department of Marketing to encourage the use of 'En-ripe' which is again other source of Ethylene. The relevant paragraphs of the Order read as under:- "In Telangana, 80 % of the fruit area is occupied by climacteric fruits like mango, banana, and sweet orange which invariably have to be artificially ripened either at farm or market yard and hence finding a safe and economical method of ripening them is the need of the hour. In this context, a new product 'En-Ripe' has come up in the market using biologically safe materials into which food grade ethylene gas is encapsulated and should be encouraged. En-Ripe is sealed in triple layer pouch and....