SC pulls up Centre for not implementing Food Safety Act

NEW DELHI: Taking a serious note of government's "wilful inaction" to implement the Food Safety and Standards Act, the Supreme Court has said it will be forced to pass "judicial orders" if it failed to regulate soft drink companies.

Coming down heavily on the Centre, a bench comprising Justices A K Mathur and Dalveer Bhandari, which was hearing a public interest litigation by Centre for Public Interest Litigation, an NGO, asked the Centre yesterday why it had failed to implement the Act despite it being passed by Parliament and having received the President's assent last year in August.
   
The court directed Additional Solicitor General Mohan Parasaran to inform it by September 5, the next date of hearing, as to why the Act has not been brought into force.

Besides, it asked him to be present on the next date of hearing rather than sending any other law officer in view of the government's dilly-dallying attitude to addressing the issue.

However, Parasaran's contention that "there were some procedural difficulties in implementing the Act" failed to impress the bench.
   
"When both the Houses of Parliament have passed the Act and it has received the President's assent and has been published, then why there is a delay in notifying and implementing it," the bench asked.

The court observed that allegations leveled by CPIL counsel Prashant Bhushan that the government was shying away from implementing the Act seemed to be true.

"Allegations are justified. Your wilful inaction is giving a chance to Bhushan to raise such allegations. The government is doing some hanky-panky," Justice Mathur observed, warning the government that if it did not implement the Act, the court will have no choice but to pass judicial orders.

Raising doubts over the government's sincerity in this regard, CPIL counsel Prashant Bhushan argued the issue was important as it involved the health of people, particularly children, who he alleged were being lured by soft drink companies through misleading advertisements.
   
"We have good reasons to believe that the government is not keen to do anything with regard to a regulation on misleading advertisements and mandatory disclosure of contents like harmful additives in cold drinks, including chemical additives," Bhushan added.

Submitting the consumer has the right to know what he consumes, he argued that all carbonated drinks should disclose the composition and contents of the products and additives on the bottle, package or container.

The bench also observed that "lobbies are working on all the sides" and suggested Bhushan go ahead with filing of a criminal complaint after the Centre said that adequate provisions were already in place to deal with the issue.

"Rule 43 A of the Prevention of Food Adulteration Act 1955 which is in existence prohibits misleading advertisements and if it is flouted the remedy lies in approaching the appropriate authority i.e. the Chief Judicial Magistrate. The concerned magistrate can pass directions on the basis of an individual complaint," Justice Mathur observed.

While seeking the setting up of a committee to evaluate harmful effects of soft drinks on human health, especially children, Bhushan suggested the names of five person who could be part of the panel.

Earlier, the Health ministry had stated that as per the amended provisions on labelling which were notified vide GSR 491 (E) dated August 21, 2006, the names of the ingredients along with percentages used in the product should be mentioned in descending order in repect of composition, by weight or volumes. The manufacturer should give complete nutritional information per 100 gms on the label besides declare compound ingedient in descending order of weight, it added.