IMPORTANT POINT
State Government not taken care to appoint persons,who having qualification in accordance with Rules of 2011,authorities cannot play with health of citizens.

ORDER

S.K. Gangele, J.—This PIL has been filed by an organisation named as Sambhagiye Nagrik Upbhokta Margdarshan Manch.

2. The petitioner prayed for a relief that the State Government be directed to comply the provisions of Food Safety and Standards Act, 2006 (hereinafter called as ‘Act of 2006’) and the rules made thereunder. The State Government shall appoint Designated Officer, Food Commissioner and Food Analyst in accordance with the provisions of the Act of 2006 and the rules made thereunder. The Food Laboratory established in the State of Madhya Pradesh be notified in accordance with law.

3. Union of India enacted the Act of 2006. The President of India granted assent to the Act on 25th August 2006. Subsequently certain provisions came into force in the year 2008, 2009 and 2010. The object of the Act is 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 their manufacture, storage, distribution, sale and import, to ensure availability of safe and wholesome food for human consumption and for matters connected therewith or incidental thereto. The Act is in regard to providing food and regulation of distribution, manufacture and sale of food, hence, it is an important piece of legislation because it affects the life of citizens. Section 2(h) of the Act of 2006 defines “Designated Officer”, which means the officer appointed under section 36. Similarly, Section 2(j) of the Act of 2006 defines “Food Analyst” which means an analyst appointed under Section 45 and Section 2 (m) of the Act of 2006 defines “Food Authority”, which means the Food Safety and Standards Authority of India established under Section 4. Section 2 (p) defines “food laboratory”, which is as under:

“food laboratory” means any food laboratory or institute established by the Central or a State Government or any other agency and accredited by National Accreditation Board for Testing and Calibration Laboratories or an equivalent accreditation agency recognised by the Food Authority under Section 43.”

Similarly, “Food Safety Officer” means an officer appointed under Section 37.

4. Grievance of the petitioner in this petition is that up till now proper Food Analyst, Food Authority, Food Safety Officer and Designated Officer have not been appointed. The State is playing with the health of the citizens.

5. The Central Government in exercise of powers conferred by Section 91 of the Act of 2006 read with Sections 5, 7, 30, 36, 37, 38, 39, 40, 41, 43, 45, 46, 47, 68, 70, 71, 73, 74, 75, 76, 77, 78, 81, 82, 83 and 84 enacted the rules named as the Food Safety and Standards Rules, 2011 (hereinafter referred to the Rules of 2011). In accordance with the Rule 2.1.2 (iii) (b) of the Rules of 2011 at the time of commencement of these rules, the post of Designated Officer is held by any other officer of equivalent rank. Rule 2.1.4 of the Rules of 2011 prescribes qualification of Food Analyst.

6. The petitioner pleaded in the petition that there is only one Food Laboratory for analysis of food samples at Bhopal, but the aforesaid laboratory has not been notified by the Food Authority or it has not been accredited by any NABT, which is mandatory in accordance with Section 43(1) of the Act of 2006 and Section 4 of the Act.

7. The petitioner further pleaded that the Food Analyst has also not been appointed in accordance with the provisions of Rules of 2011. One person Mr. Meena was posted on deputation as Food Analyst for a period of one year, thereafter the period was extended, however, he can not work as Food Analyst in the State Government Laboratory, even though the deputation period of Mr.Meena was extended. Similarly the State Government has not appointed Commissioner of Food Safety in accordance with the qualification of Rules of 2011. Mrs. M. Geeta, who is working as Commissioner of Food Safety, was not the officer of the rank of Commissioner