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2024 Supreme(Online)(NGT) 435
NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, Judicial Member, Arun Kumar Verma, Expert Member
Arun Das – Appellant
Versus
Union of India – Respondent
Original Application No.60/2023/EZ
For Applicant(s): Sibojyoti Chakraborty
For Respondent(s): Ashok Prasad, Malabika Roy Dey
Court disposed of application seeking ban on contaminated fish imports after state notified SOP with task forces for testing, detention, and enforcement of formaldehyde limits, directing strict compliance.
Headnote:(A) Food Safety and Standards Regulations - Formaldehyde limits in fish (Regulation 2.6.2, Notification dated 11.01.2023) - Permissible naturally occurring formaldehyde not to exceed specified mg/kg for marine and freshwater species - Food Products Standards and Food Additives Amendment Regulations, 2020 - Specific requirements for handling, processing, transportation, and storage of fish products including temperature controls, testing for contaminants, and prohibition of unpermitted preservatives like formaldehyde. (Paras 5, 6)
(B) Environmental protection - Import of fish laced with formaldehyde, cadmium, arsenic - State to implement testing at borders and markets, constitute task forces for enforcement, detain contaminated consignments - Standard Operating Procedure (SOP) notified for restricting import/sale of contaminated fish via road/river routes. (Paras 12, 13, 16)
Facts of the case:
Application alleging import of fish from outside state contaminated with cadmium, arsenic, and formaldehyde exceeding permissible limits, sold without adequate testing or refrigerated transport, supported by research study and newspaper report, seeking ban on such imports until scientific testing and cold chain implemented.
Findings of Court:
State notified SOP on 20.01.2024 with State and District Level Task Forces constituted for monitoring, testing with rapid kits, sample analysis, detention of contaminated vehicles, and awareness campaigns; 13 districts formed task forces; matter rendered infructuous post implementation.
Issues: Whether imported fish contaminated with formaldehyde and heavy metals poses public health risk requiring regulatory intervention; adequacy of measures to enforce food safety standards in fish transportation and sale.
Ratio Decidendi: Upon notification of comprehensive SOP and constitution of enforcement task forces to prevent formaldehyde use in imported fish, no further adjudication required; direction issued for strict compliance to safeguard public health.
Result: Original Application disposed of with direction to strictly conform to SOP; no costs.
| Table of Content |
|---|
| 1. imported fish laced with formalin, cadmium, arsenic (Para 2 , 3 , 4) |
| 2. fssai standards limit formaldehyde in fish (Para 5 , 6) |
| 3. central govt recommends task forces, testing kits (Para 7 , 8) |
| 4. assam provides refrigeration, imports fish externally (Para 9 , 10 , 11) |
| 5. draft sop proposes task forces for enforcement (Para 12) |
| 6. sop notified, task forces constituted (Para 13 , 14) |
| 7. application disposed directing sop compliance (Para 15 , 16) |
ORDER
1. Heard Mr. Sibojyoti Chakraborty, learned Counsel for the Applicant and Mr. Ashok Prasad, learned Counsel appearing (in Virtual Mode) for Respondent No.1, Ministry of Fisheries, Animal Husbandry and Dairying, Government of India, and Ms. Malabika Roy Dey, learned Counsel appearing for Respondent Nos.2 to 4, State Respondents, Government of Assam.
2. This Original Application has been filed by the Applicant stating that fish caught far away from Assam are sold in Assam in addition to fish procured from the fisheries in the State of Assam. It is stated that so far as the fish procured from the fisheries in Assam are concerned, the procedure for catching and sale of such fishes is governed by the Assam Fishery Rules, 1953, and guidelines of the Assam Fishery Development Corporation.
3. However, the allegation of the Applicant is that fish which is brought from outside Assam through transportation, such fish are found to have traces of Cadmium, Arsenic and Formalin as per the report of a study conducted by the team of researchers from the Department of Biology, Nowgong College, which also finds mention in Newspaper Report, copy of the Newspaper Report has been filed as Annexure-I to the Original Application. Copy of the report itself has not been filed by the Applicant. He shall file the copy of the Research Report on affidavit by the next date of listing.
4. The Applicant has prayed that the import of fish from outside the State of Assam into Assam by road or Railway, found laced with Formalin or tainted with Cadmium and Arsenic be banned till adequate scientific method for testing of such fish and plying vehicles having cold storage refrigeration is not implemented by the Government.
5. Reference has also been made to the Regulation 2.6.2 of the Food Safety and Standards Authority of India Notification dated 11.01.2023 which prescribes the permissible standards of formaldehyde reds as under: -
“2.6.2. Limit of Formaldehyde-
(1) The amount of naturally occurring formaldehyde shall not exceed the limit prescribed in the column (2) for different species of fish as mentioned in the table given below: -
| Group & Species Mg/kg. Max. | |
| Group-I (marine) | |
| All finfishes (including Barracuda, Ballifishes, Bombay Duck, Bullseyes, Catfishes, Croakers, Eels, Filefishes and Puffers, Flat fishes, Goatfishes, Groupers (Rock Cods), Half Beaks and Full Beaks, Horse Mackerel, Leather Jacket (Queen Fish), Mackerel, Mullets, Other Carangids, Other Clupeoids, Anchovies, Other Perches, Pigface Breams, Pomfrets, Ribbon Fish, Sardines, Seer Fishes/Spanish Mackeral, Silver Bellies/Biddies, Snappers, Tarpons, Threadfin Breams, Threadfins, Tuna and Bonitos, White Fish and any other commercial varieties), elasmobranchs, crustaceans and molluscs except those under Group III & IV | 4.0 |
| Group- II (Freshwater Origin) | |
| Finfishes (including Indian Major Carps, Minor Carps, Exotic Carps, Freshwater Catfishes, Snakeheads/Murrels, Tilapia, Trout and all other freshwater fin fishes), crustaceans and molluscans | |
| Group- III (Marine) | |
| Lizard fishes and any other marine fishes not 8.0 |
| covered under Group I |
| Group- IV (Frozen Stored marine fish products) |
| All frozen stored marine fish products 100 |
6. The Food Safety and Standards (Food Products Standards and Food Additives) Amendment Regulations, 2020, prescribes standards with respect to limit of naturally occurring formaldehyde in fresh water and marine fish. The relevant extracts of the Food Safety and Standards (Food Products Standards and Food Additives) Amendment Regulations, 2020, rea
