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2024 Supreme(Online)(NGT) 5459
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 upheld notified SOP with task forces for testing, detaining, and restricting sale of imported fish contaminated with formaldehyde, ensuring compliance with food safety standards on limits and transportation.
Headnote:(A) Food Safety and Standards Regulations - Formaldehyde limits in fish (Regulation 2.6.2, Notification dated 11.01.2023) - Food Safety and Standards (Food Products Standards and Food Additives) Amendment Regulations, 2020 - Standards for handling, processing, transportation, and quality control of fish products - Imported fish found laced with formaldehyde, cadmium, and arsenic beyond permissible limits - Applicant sought ban on import till adequate testing and refrigerated transport implemented - Court directed filing of research report and noted government affidavits on measures including task forces and test kits. (Paras 3-12)
(B) Environmental protection - Public health - Use of formaldehyde as fish preservative - Transportation without proper refrigeration leading to contamination - Court upheld notified Standard Operating Procedure (SOP) for restricting import/sale of contaminated fish, constituting State and District Level Task Forces for enforcement, testing at check gates and markets, vehicle detention, and awareness campaigns. (Paras 12-16)
Facts of the case:
Applicant filed Original Application alleging imported fish from outside state contained harmful levels of formaldehyde, cadmium, and arsenic as per study report, violating food safety standards, with inadequate testing and refrigeration during road/rail transport; prayed for import ban. Respondents filed affidavits detailing local regulations, import practices, provision of refrigerated vehicles, and draft/final SOP notified on 20.01.2024 with task forces constituted.
Findings of Court:
SOP prepared and notified by State Government on 20.01.2024 adequately addresses prevention of formaldehyde use in fish preservation through task forces, testing protocols using rapid kits, sample analysis, vehicle detention, and market checks; State Level Task Force constituted on 02.02.2024 to review quarterly.
Issues: Whether imported fish laced with formaldehyde should be banned pending scientific testing and refrigerated transport; adequacy of governmental measures to enforce food safety standards and prevent health hazards from contaminated fish.
Ratio Decidendi: Notified SOP and constitution of task forces sufficiently resolve the menace of formaldehyde in imported fish, with direction for strict compliance; no further adjudication required as measures align with food safety regulations and protect public health. (Paras 15-16)
Result: Original Application disposed of with direction to State Respondents to strictly conform to SOP; no costs.
| Table of Content |
|---|
| 1. imported fish contains harmful formaldehyde, cadmium, arsenic. (Para 2 , 3 , 4) |
| 2. fssai regulations limit formaldehyde in fish. (Para 5 , 6 , 11) |
| 3. central govt recommends task forces, testing kits. (Para 7 , 8) |
| 4. state implements sops, task forces against formalin. (Para 9 , 10 , 12 , 13) |
| 5. sop notified; application disposed with compliance direction. (Para 14 , 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: -
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, read as under:-
“III. Specific requirements for establishment engaged inhandling, processing, manufacturing, packing, store, distribution and transportation of fish and fish products:
In addition to Part-II of Schedule 4, as operationalized vide direction F. No. 1(80) 2016/Enf-II Info/FSSAI(Pt.) dated 28th August, 2019, following are specific requirements.
1. Internal Structure and fittings
All interior structures (including floors, walls, ceilings, doors, windows, partitions, overhead fixtures, working surface that come into direct contact with fish and fish products, such as stairs, elevators, etc.) shall be constructed of materials that are corrosion-resistant, light-coloured, durable, impervious to minimize the build-up of fish slime, blood, scales and guts and to reduce the risk of physical contamination, with no toxic effect in intended use, shall be unable to provide pest harbourage and be easy for cleaning and disinfection.
2. Equipment and containers
2.1 Conveying equipment for live and dressed products shall be constructed of suitable corrosion- resistant material that doesn’t transmit toxic substances an
