Food Supply and Standards
Act, 2006: This acts regulates the rules and laws related to the food products and its standards and how it is distributed and advertised. The Sector 24 of this act deals with restrictions of
advertisement and prohibition as to unfair trade practices.
It reads as:
"(1) No advertisement shall be made of any food which is misleading or deceiving or contravenes the provisions of this Act, the rules and regulations made thereunder.
(2) No person shall engage himself in any unfair trade practice for purpose of promoting the sale, supply, use and consumption of articles of food or adopt any unfair or deceptive practice including the practice of making any statement, whether orally or in writing or by visible representation which-
(a) falsely represents that the foods are of a particular standard, quality, quantity or grade- composition;
(b) makes a false or misleading representation concerning the need for, or the usefulness;
(c) gives to the public any guarantee of the efficacy that is not based on an adequate or scientific justification thereof: Provided that where a defence is raised to the effect that such guarantee is based on adequate or scientific justification, the burden of proof of such defence shall lie on the person raising such defence.”
Based on the above mentioned act, the Supreme Court decided on a Public Interest Litigation file by a petitioner on the matter of soft drinks' supply and advertisement. Through this writ petition, the petitioner requested the court to constituting an independent Expert/Technical Committee to evaluate the harmful effects of soft drinks on human health, particularly on the health of the children, and also for a direction to the government of India to put in place a regulatory regime which could control and check the contents in a particular chemical additive in foods, including soft drinks. It was also one of the demand in the petition were the court must direct the government to to make it mandatory for the soft drinks manufacturers to disclose the contents and their specific quantity on the labels of soft drinks, including appropriate warnings, particular ingredient, and its harmful effects on the people. Petitioner also sought for a direction to the Government of India to check and control the misleading advertising of soft drinks, particularly advertisements targeted at children, unwary uneducated and illiterate people.
The court thoroughly went through various acts and laws which governs the rules and regulations related to the food products. The Counsel for the GOI argued that the parliament has already enacted a law namely Food Supply and Standards Act, 2006 (the FSS Act), which along with its Rules and Regulations framed thereunder, constitute a vigorous regulatory regime, takes care of all the above mentioned situations and provisions of the FSS Act and the Rules and Regulations are being enforced scrupulously and meticulously.
The gave reference of many enactments regarding the manufacturing, distributing and advertising he soft drinks and also stated that "most of the situations have already been taken care of by the above mentioned provisions of the FSS Act as well as the regulations mentioned hereinbefore, so as to achieve an appropriate level of protection of human life and health and protection of consumers’ interest, including fair practices in all counts of food trade with reference to food safety standards and practices."
The court further went on stating that "Article 21 of the Constitution of India guarantees the right to live with dignity. The right to live with human dignity denies the life breach from the Directive Principles of the State Policy, particularly clauses (e) and (f) of Article 39 read with Article 47 of the Constitution of India."
The court was of the view that the provisions of the FSS Act and PFA Act and the rules and regulations framed thereunder have to be interpreted and applied in the light of the Constitutional Principles, discussed and endeavour has to be made to achieve an appropriate level of protection of human life and health.
"Enjoyment of life and its attainment, including right to life and human dignity encompasses, within its ambit availability of articles of food, without insecticides or pesticides residues, veterinary drugs residues, antibiotic residues, solvent residues, etc. But the fact remains, many of the food articles like rice, vegetables, meat, fish, milk, fruits available in the market contain insecticides or pesticides residues, beyond the tolerable limits, causing serious health hazards. We notice, fruit based soft drinks available in various fruit stalls, contain such pesticides residues in alarming proportion, but no attention is made to examine its contents. Children and infants are uniquely susceptible to the effects of pesticides because of their physiological immaturity and greater exposure to soft drinks, fruit based or otherwise."
The court directed the Food and Safety Standards Authority of India to gear up their resources with their counterparts in all the States and Union Territories and conduct periodical inspections and monitoring of major fruits and vegetable markets, so as to ascertain whether they conform to such standards set by the Act and the Rules.
It reads as:
"(1) No advertisement shall be made of any food which is misleading or deceiving or contravenes the provisions of this Act, the rules and regulations made thereunder.
(2) No person shall engage himself in any unfair trade practice for purpose of promoting the sale, supply, use and consumption of articles of food or adopt any unfair or deceptive practice including the practice of making any statement, whether orally or in writing or by visible representation which-
(a) falsely represents that the foods are of a particular standard, quality, quantity or grade- composition;
(b) makes a false or misleading representation concerning the need for, or the usefulness;
(c) gives to the public any guarantee of the efficacy that is not based on an adequate or scientific justification thereof: Provided that where a defence is raised to the effect that such guarantee is based on adequate or scientific justification, the burden of proof of such defence shall lie on the person raising such defence.”
Based on the above mentioned act, the Supreme Court decided on a Public Interest Litigation file by a petitioner on the matter of soft drinks' supply and advertisement. Through this writ petition, the petitioner requested the court to constituting an independent Expert/Technical Committee to evaluate the harmful effects of soft drinks on human health, particularly on the health of the children, and also for a direction to the government of India to put in place a regulatory regime which could control and check the contents in a particular chemical additive in foods, including soft drinks. It was also one of the demand in the petition were the court must direct the government to to make it mandatory for the soft drinks manufacturers to disclose the contents and their specific quantity on the labels of soft drinks, including appropriate warnings, particular ingredient, and its harmful effects on the people. Petitioner also sought for a direction to the Government of India to check and control the misleading advertising of soft drinks, particularly advertisements targeted at children, unwary uneducated and illiterate people.
The court thoroughly went through various acts and laws which governs the rules and regulations related to the food products. The Counsel for the GOI argued that the parliament has already enacted a law namely Food Supply and Standards Act, 2006 (the FSS Act), which along with its Rules and Regulations framed thereunder, constitute a vigorous regulatory regime, takes care of all the above mentioned situations and provisions of the FSS Act and the Rules and Regulations are being enforced scrupulously and meticulously.
The gave reference of many enactments regarding the manufacturing, distributing and advertising he soft drinks and also stated that "most of the situations have already been taken care of by the above mentioned provisions of the FSS Act as well as the regulations mentioned hereinbefore, so as to achieve an appropriate level of protection of human life and health and protection of consumers’ interest, including fair practices in all counts of food trade with reference to food safety standards and practices."
The court further went on stating that "Article 21 of the Constitution of India guarantees the right to live with dignity. The right to live with human dignity denies the life breach from the Directive Principles of the State Policy, particularly clauses (e) and (f) of Article 39 read with Article 47 of the Constitution of India."
The court was of the view that the provisions of the FSS Act and PFA Act and the rules and regulations framed thereunder have to be interpreted and applied in the light of the Constitutional Principles, discussed and endeavour has to be made to achieve an appropriate level of protection of human life and health.
"Enjoyment of life and its attainment, including right to life and human dignity encompasses, within its ambit availability of articles of food, without insecticides or pesticides residues, veterinary drugs residues, antibiotic residues, solvent residues, etc. But the fact remains, many of the food articles like rice, vegetables, meat, fish, milk, fruits available in the market contain insecticides or pesticides residues, beyond the tolerable limits, causing serious health hazards. We notice, fruit based soft drinks available in various fruit stalls, contain such pesticides residues in alarming proportion, but no attention is made to examine its contents. Children and infants are uniquely susceptible to the effects of pesticides because of their physiological immaturity and greater exposure to soft drinks, fruit based or otherwise."
The court directed the Food and Safety Standards Authority of India to gear up their resources with their counterparts in all the States and Union Territories and conduct periodical inspections and monitoring of major fruits and vegetable markets, so as to ascertain whether they conform to such standards set by the Act and the Rules.
No comments:
Post a Comment