Home » FSS ACT » Food Safety Commissioner can issue ban orders: State

Food Safety Commissioner can issue ban orders: State

The State government on Wednesday filed an appeal in the Kerala High Court against a single judge’s verdict setting aside an order of the Food Safety Commissioner banning the manufacture, storage, selling and distribution of Nirapara brand of chilly, turmeric and coriander powders.
In its appeal, the government contended that the Food Safety Commissioner had the power to issue such prohibition orders necessary for the implementation of the provisions of the Food Safety and Standards Act, including the matters related to public health as well as consumer interest. The quashing of the order without consideration of the functions and duties of the Commissioner was improper.
The Food Safety Commissioner was duty bound to ensure that the products manufactured and supplied by KKR Food Products, Kalady, manufacturer of the Nirapara brand of spices conformed to the standard specified under the Food Safety and Standards Act and the Commissioner was, therefore, justified in issuing a ban order.
Besides, Section 30(2)(a) of the Act did not in any manner restrict or regulate the power of the Food Safety Commissioner to prohibit the manufacture, sale, storage, distribution of food articles which did not conform to the standards fixed..
The government said that gluten which was present in the starch and added by the manufacturer was medically proved and accepted to be injurious to those who were allergic to it.
Therefore, it could not be said that starch mixed with the product did not harm the consumers allergic to it. So, it could not be said that the substandard food article produced by the manufacturer were neither unsafe nor injurious to health as defined under the Act.
The single judge had observed that that there was no finding in the order that the banned foods were unsafe for human consumption. The statutory provision under the FSS Act clearly delineated proportionate measures in the case of food which was found unsafe for human consumption and food of substandard which was fit for human consumption.
Appeals against single judge’s order in Nirapara case

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