The use of Ethephon in small sachets in powder form to generate Ethylene gas did not conflict with statutory provisions.

ORDER :

1. These cases are heard together and are being disposed of by this common order as the issue involved in all these cases is similar.

W.P. (PIL) No. 176 of 2020:

2. The petitioners have filed the present petition by way of Public Interest Litigation challenging the directions issued by the Food Safety and Standards Authority of India (FSSAI), dated 16.08.2018 permitting the use of Ethephon for artificially ripening of fruits. The first petitioner before this Court is a Director of College of Post Graduate Studies, Secunderabad and teaches ‘sales and marketing’ and the second petitioner is a retired employee of A.P. Transco and a Trade Union Leader, as stated in the writ petition. They have stated that they are public spirited persons and they are engaged in ensuring strict implementation of laws, especially those relating to safety of food.

3. The petitioners have stated that Ethephon is an insecticide and is a hazardous substance. It is a corrosive phosphoric acid and an organophosphorous chemical and the Ethephon sachets, which are being sold in the market for ripening of the fruits, are highly risky. There is a possibility of leakage of Ethephon from porous sachets resulting in health hazards. Ethephon is recognised as potentially causing burns to the mouth, oesophagus and large number of deceases and therefore, as it is an insecticide, the same cannot be permitted to be used by issuing directions by the FSSAI. It has been further stated that Ethephon is registered as insecticide keeping in view Section 3(e)(i) and 3(e)(iii) of the Insecticides Act, 1968. Section 21(2) of the Food Safety and Standards Act, 2006 specifically states that no insecticide other than the registered and approved fumigants can be used directly on food. It has also been stated that the Regulation 2.3.14(1) of the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011 (hereinafter referred to as ‘FSS (Prohibition) Regulations’) prohibits any person from storing or exposing any insecticide like Ethephon. Therefore, the directions issued by FSSAI are in violation and ultra-vires Section 21(2) of the Food Safety and Standards Act as well as Regulation 2.3.14(1) of FSS (Prohibition) Regulations. The petitioners have filed various documents to establish that Ethephon is a hazardous insecticide and by no stretch of imagination, it can be permitted to use for ripening of the fruits.

4. The application for intervention i.e. I.A. No. 1 of 2021 in W.P. (PIL) No. 176 of 2020 has been filed by one Mr. Ravinder Kumar Nagpal, who is an importer of Ethephon and has stated that earlier carbide gas was used for ripening of fruits and after a thorough study, the FSSAI has banned the use of carbide gas or acetylene gas due to its potential health hazard and therefore, the FSSAI through a Notification dated 23.08.2016 has permitted the use of Ethylene gas at a concentration upto 100 ppm for artificially ripening fruits. The petitioners’ contention is that the Ethylene gas can be obtained through various sources. The Ethephon has been encapsulated with fillers and yields Ethylene gas when soaked in water for the purpose of ripening fruits. It is nobody’s case that Ethephon is sprayed over the foods for the purpose of ripening. The Ethylene Ripener Sachets are not raw Ethephon and contains upto 15-25% Ethephon encapsulated in fillers, consisting of magnesium and silicon and a Test Report has also been brought on record, dated 18.06.2019, which was carried out at the behest of the Deputy Commissioner, Customs, SIIB, Import. It has been further stated that Ethephon is packed in 40-60 micron triple layered cellulose membrane paper and its use is permissible and it is not at all being mixed by food as defined under the Food Safety and Standards Act. It has been further stated that a writ petition was preferred before the Delhi High Court i.e. W.P. No. 13025 of 2018 praying for quashment of guideline No. 4 of 2018 issued by the FSSAI regarding t