IMPORTANT POINTS
Union of India directed to make necessary amendments in Food Safety and Standards Act, 2006 including penal provisions at par with those contained in Section 272 of the Indian Penal Code, 1860 (State amendments included), i.e., life imprisonment with or without fine.
The Food Safety and Standards Act, 2006 should be implemented in a more effective manner.
High risk areas should be identified and food samples taken from those areas.
Adequate lab testing infrastructure with NABL accreditation should be ensured.
Snap short surveys should be conducted periodically both in the State as well as at the national level by FSSAI.
Appropriate State level Committee shall be constituted as is done in the State of Maharashtra to take the review of the work done to curb the milk adulteration in the district and in the State by the authorities.
Website should be set up by State authorities specifying the functioning and responsibilities of food safety authorities and also creating awareness about complaint mechanisms. All States should also have and maintain toll free telephonic and online complaint mechanism.
The States/Food Authority/Commissioner of Food Safety shall inform the general public of the nature of risk to health and create awareness of Food Safety and Standards. They should also educate school children by conducting workshops and teaching them easy methods for detection of common adulterants in food, keeping in mind indigenous technological innovations (such as milk adulteration detection strips etc.)

JUDGMENT

R. Banumathi, J. –

The present writ petition is filed in public interest by the petitioners highlighting the menace of growing sales of adulterated and synthetic milk in different parts of the country. The petitioners are residents of the State of Uttarakhand, Uttar Pradesh, Rajasthan, Haryana and NCT of Delhi and have accordingly shown concern towards the sale of adulterated milk in their States. However, the issue of food safety being that of national importance, Union of India has also been made a party-respondent. The petitioners allege that the concerned State Governments and Union of India have failed to take effective measures for combating the adulteration of milk with hazardous substance like urea, detergent, refined oil, caustic soda, etc. which adversely affects the consumers' health and seek appropriate direction.

2. The petitioners have relied on a report dated 02.01.2011 titled "Executive Summary on National Survey on Milk Adulteration, 2011" released by Foods Safety and Standards Authority of India (FSSAI) which concluded that on a national level, 68.4 per cent of milk being sold is adulterated and it is alleged that the worst performers in the survey were Bihar, Chhattisgarh, Odisha, West Bengal, Mizoram, Jharkhand and Daman and Diu, where adulteration in milk was found up to 100%. In the States of Uttarakhand and Uttar Pradesh 88% of milk samples were found adulterated. According to the petitioners, milk is the only source of nourishment for infants and a major part of the diet for growing children in tender age and if no effective measure is taken to ensure the purity of milk, health of the children will be adversely affected. The petitioners pleaded inaction and apathy on the part of the respondents to take appropriate measure to rule out sale and circulation of synthetic milk and milk products across the country which according to the petitioners has resulted in violation of fundamental rights of the petitioners and public at large guaranteed under Article 21 of the Constitution of India. The petitioners, therefore, seek for a writ of mandamus directing Union of India and the concerned State Governments to take immediate effective and serious steps to rule out the sale and circulation of synthetic/adulterated milk and the milk products like ghee, mawa, cheese, etc.

3. In compliance of various orders passed by this Court, all the States have filed affidavits stating that ever since Food Safety and Standards Act, 2006 [for short "the FSS Act"] came into force with effect from 5.8.2011, the provisions of the Act are being sincerely implemented by the States and also indicating action taken by the States, number of prosecutions launched and status of those cases. States have further stated that after the National Survey on Milk Adulteration by FSSAI in 2011, comprehensive action is being taken by the State Governments to check whether milk is being adulterated with chemicals and stringent action is being taken in accordance with FSS Act and penal laws.

4. We have heard the learned counsel appearing for the petitioners, Union of India and counsel appearing for various States.

5. On behalf of Union of India, it was submitted that a fair mechanism for dealing with food safety and standards and for checking adulteration is in place. As the Parliament has enacted Food Safety and Standards Act, 2006 and Regulations, 2011 which are effective in taking care of the food safety and standards, it becomes, therefore, important to firstly refer to the legislative efforts made by the Union of India. The Parliament has enacted Food Safety and Standards Act, 2006 which is exhaustive on laws relating to food and repeals two other earlier laws relating to prevention of food adulteration. Preamble of the FSS Act, 2006 reads as under:-

"An Act to consolidate the laws relating to food and to establish the Food Safety and Standards Authority of India for laying down science based standards for articles of food and to regulate the