Himachal Pradesh High Court today vacated its stay on a state government order and directed it to ban the storage, supply, sale and entry of junk food packaged in plastic/non-biodegradable material from January 26, 2014.
Sale of drinking water is exempted from the ban.
A Division Bench comprising Justices Rajiv Sharma and VK Sharma also directed the government to ensure that the edible oils/fats shall not be sold in plastic bottles/pouches and shall be packed in tin containers.
The court also directed the government to ensure that from March 31, 2014 onwards, no food stuff including primary and essential food is manufactured, transported, sold, packaged and distributed without conforming to the Food Safety and Standards Act, 2006 and Food Safety and Standards (Packaging and Labelling) Regulation, 2011.
The court also directed the state to appoint a Food Commissioner, if not already appointed, within four weeks to ensure that no person is permitted to start or carry on any food business without obtaining license.
Referring to its previous order, the Bench observed that the court had entered into the arena of legislation by staying the government's notification of June 26, 2013. The courts only recognise and enforce the fundamental, Constitutional and legal rights of the parties, the bench said.
The court further directed the government to lay down the norms as per Section 3A of the HP Non-biodegradable Garbage (Control) Act, 1995 within 12 weeks and implement Section 7 of the said Act in order to determine new non-essential food items, which are required to be manufactured, transported, sold, packaged and distributed in biodegradable material by constituting a High Power Committee comprising of officers not below the rank of Principal Secretaries within 12 weeks.
The Bench also directed the state to ensure that necessary bye laws are incorporated in Municipal Corporation Rules, Municipal Council and Nagar Panchayat Rules as per Rule 6 of the Plastic Waste (Management and Handling) Rules, 2011 within 12 weeks.
The court also directed all the municipal authorities throughout the state including Municipal Corporation, Shimla to ensure safe collection, storage, segregation, transportation, processing and disposal of plastic waste so that no damage is caused to environment and also asked all the municipal authorities to manage the plastic waste by undertaking "waste audit" at the beginning of the year.
The court has directed all District Magistrates and the Superintendents of Police to enforce the notification of ban on non-essential food items in non-biodegradable packaging, and they shall be personally liable and accountable for non-enforcement of the notification.
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