The main legal point established in the judgment is the need for strict regulation of poultry farm activities, inspection of unhealthy products, and implementation of awareness programs to ensure food safety.

ORDER

1. On behalf of State Mr. Shailesh P. Adhao, Joint Commissioner (Food),Greater Mumbai, Food and Drugs Administration, Maharashtra State filed affidavit.

2. The learned Counsel for the petitioner seeks accommodation to go through the reply. The deponent has referred to provisions of Food, Safety and Standards Act, 2006. It is submitted that Food Safety Officers are responsible for inspection, drawing samples and sending them to Food Analyst for analysis. The Food and Drug Administration have conducted routine inspections and special drive for festive seasons are conducted. There is prohibition of use of carbide/chemicals in ripening of fruits. A notification dated 23rd August, 2016 issued by Food, Safety and Standards Authority of India (Ministry of Health and Family Welfare) is also referred. According to the deponent several workshops are held for increasing awareness amongst the consumers. Steps are taken to curb adulteration in milk. The funds for development of Food Testing Laboratories are received from Food Safety and Standards Authority of India, New Delhi for renovation and civil work for instrumentation for the analysis of Contaminants to the tune of Rs. 50 lacs and Rs. One Crore was sanctioned for microbiological testing.

3. During the course of hearing it was submitted that State is contemplating to frame appropriate rules/guidelines regarding regulating poultry farm activities, its timely inspection and maintenance of record in the larger public interest.

4. If antibiotics and probiotics are administered to the chicken/birds for increasing their weight/fattening, then the same would be hazardous for human consumption. Such permitted medicines/drugs/chemicals need to be used in a controlled manner for which the licensing authority must have knowledge and record. We expect the respondents to take all the steps and directions so that such unhealthy products are not supplied for human consumption.

5. During the course of hearing, it was brought to the notice that at many places unpacked meat, chicken and fish are sold and stored. The Inspectors need to check to ascertain that these items are fit for human consumption.

6. The Counsel appearing for respondent Corporation and its department to take instructions in respect of the role of Health Department of the Corporation in this regard. The Health Officer shall remain present on the next date of hearing.

7. We had interacted with the Joint Commissioner, Food, Mr.S.P. Adhao and Joint Commissioner, Law, Mr. G.M. Kadam, FDA, Mumbai and Assistant Commissioner, Food, Mr. G.S. Paralikar. Other officers were also present in Court. During the course of hearing it was submitted that respondents are implementing SNF@School programme for the benefit of children. Such efforts are appreciated. Awakening of children from the stage of school is necessary so that children at the early age learn lessons of cultivating good food habits. Learned AGP assured that awareness programmes will be undertaken, slides would be shown on Television and big screen making people aware of protecting themselves from unhygienic, hazardous and dangerous food items which may ultimately affect their health. We expect the respondent-State to increase the number of laboratories in the State, upgrade existing laboratories. Mobile vans for checking adulteration in food shall be provided in sufficient number. Mobile vans are also to be made available to Food Inspectors for carrying out surprise checks and for discharging other legal obligations. The Government Pleader would address the Court on the next date.

8. Stand over to 12th April, 2018, to be listed at 3.00 p.m.