Food adulteration: Maharashtra government to set up special courts and tribunals

The state government is the process of establishing a tribunal and special courts to deal with cases pertaining to food adulteration. The state government’s move comes in wake of the new central Food Safety and Standard Act, 2006, replacing the existing Prevention of Food Adulteration Act.

The Act comes into effect on August 5 in Maharashtra. Sources in the state food and drug administration (FDA) said that the proposal has already been sent to the state government to set up the tribunal and special courts.

“It is for the government to decide whether to have such tribunals and special courts in every division of the FDA or in Mumbai only,” a senior FDA official stated.
Presently, food adulteration cases are heard by chief judicial magistrates (CJMs). “It could be that CJMs are bestowed with additional powers to hear the cases in the special courts,” the sources added.

The tribunals would hear and decide on appeals from the aggrieved parties, instead of the high court. “If the aggrieved party is not satisfied with the ruling of the tribunal, the party can then move the high court,” sources said.

The joint commissioner of FDA, Pune division, ST Patil, said that unlike the existing Act — where the stress was on prosecution — the thrust in the new one is to carry out inspections of food joints, hotels and restaurants to ensure that food is prepared in
hygienic conditions.

Under the new Act, there is also a provision for imposing spot fines if, after repeated requests, the conditions to make food or food products do not improve. “The quantum of spot fines would depend on the turnover of the food joint” Patil added.