ORDER

Anil K. Narendran, J.

This DBP is registered suo motu based on the order of this Court dated 19.01.2023 in W.P.(C)No.41743 of 2022. By that order, this Court found that a proper food safety audit at Sabarimala is highly essential in order to ensure a strict compliance of the statutory requirements of the Food Safety and Standards Act, 2006, and also the Rules and Regulations made thereunder, including the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011, and the Food Safety and Standards (Contaminants, Toxins and Residues) Regulation, 2011. Therefore, by the order dated 19.01.2023, Registry was directed to register this DBP suo motu, to ensure strict compliance of the statutory requirements of the said Act and the Rules and Regulations made thereunder, at Sabarimala in the preparation of Aravana Prasadam, Appam Prasadam, etc. In the said writ petition, this Court passed a detailed order in I.A.No.3 of 2023 and thereafter, the writ petition was disposed of by the judgment dated 11.04.2023, which was in respect of local purchase of cardamom at Sabarimala Devaswom during Mandala-Makaravilakku festival season of 1198ME (2022-

23).

2. By the order dated 11.01.2023 in W.P.(C)No.41743 of

2022, this Court restrained the Travancore Devaswom Board from selling Aravana Prasadam made using the cardamom supplied by the 5^th respondent contractor to the pilgrims, since the sample of cardamom tested at the Government Analyst’s Laboratory, Thiruvananthapuram, contained insecticide residues exceeding the MRL (Maximum Residue Limit) as per Regulation 2.3.1 of Food Safety and Standards (Contaminants Toxins and Residues) Regulations, 2011, as per the certificate of examination dated 28.12.2022 of the Food Analyst, Government Analyst’s Laboratory, Thiruvananthapuram, and unsafe as per Section 3(1)(zz)(iii)&(xii) of Food Safety and Standards Act, 2006; and another sample of cardamom tested at the accredited laboratory of the Food Safety and Standards Authority of India, i.e., the Quality Evaluation Laboratory of the Spices Board at Kochi, contained 14 pesticides exceeding the MRL as specified under Food Safety and Standards (Contaminants, Toxins and Residues) Regulation, 2011 and Quinalphos exceeding the MRL specially defined for cardamom, as per the report dated 11.01.2023 of the Executive Director, Food Safety and Standards Authority of India, extracting therewith the opinion by Advisor (QA). The cardamom sample was thus found unsafe as per Section 3(1)(zz)(xii) of the Food Safety and Standards Act, 2006.

3. In the order dated 27.03.2023 in I.A.No.3 of 2023 in W.P.(C)No.41743 of 2022 - Travancore Devaswom Board v. Ayyappa Spices [2022:IO:KER:55713 : 2023 (4) KHC SN 9] - this Court held that in view of the provisions contained in Section 26 of the Food Safety and Standards Act, 2006, the Travancore Devaswom Board, which falls within the sweep of ‘food business operator’ as defined in clause (o) of Section 3(1) of the Act, in relation to the manufacture, processing, packing, etc., of Aravana, and also falls within the sweep of ‘food business’ as defined in clause (n) of Section 3(1) of the Act, has to ensure that Aravana satisfy the requirements of the Act and the Rules and Regulations made thereunder at all stages of production, processing, import, distribution and sale, etc. Therefore, once it is found that the sample of cardamom is not conforming to Regulation 2.3.1. of the Food Safety Standards (Contaminants, Toxins and Residues)

Regulation, 2011 and amendments thereon and as such it is unsafe for human consumption as per the provisions in sub-clause (xii) of clause (zz) of Section 3(1) of the Act, the Board cannot store, sell or distribute Aravana made using that cardamom, since the said article of food falls within the sweep of ‘unsafe food’, as defined in the said sub-clause. Therefore, by the order dated 27.03.2023, this Court declined the request made by the Travancore Devaswom Board for sending the