Tardy implementation of Food Act

For some time in the past, incidents of food adulteration in the State have come to the notice of the authorities. Food adulteration is a crime cognizable under law. Adulteration of food items has become widespread in the State and people have been lodging complaints. Many a time food adulteration has caused illness and people had to be hospitalized. Unscrupulous shopkeepers and vendors are responsible for adulteration. But aware of grave consequences of adulteration Government came out with Food Safety and Standards Act 2006. Under its provisions, authorities are empowered to take action against any person or commercial organization attempting to adulterate food items.
It was on this basis that the State Government found some food products supplying companies in Kashmir indulging in adulteration of food items. A team of the Food Safety and Standards had made surprise checking of some suppliers including Khyber Agro Farms Pvt. Ltd in the valley and seized some food items on the ground of suspecting these items to be below the stipulated standard and unfit for human consumption. Kolkatta based laboratory confirmed adulteration. A couple of private companies were also identified for violation of the standards set forth for the quality of food products. A case was framed and the High Court imposed a heavy fine on three defaulting companies. The defaulters filed a petition in the Supreme Court of India. In a recent judgment a Bench of the SC heard the petitioners. It found that the J&K State Government’s implementation activity of the Act was only tardy. On the face of it, the SC has conceded the point raised by the petitioners that the Act was implemented in Jammu and Kashmir State in a manner prejudicial to the interests of the parties who were ordered by the High Court to pay a fine of 30 crore rupees. Consequently, the Bench has asked the State Government to furnish status report on the implementation of the Act as well as manpower engaged by the department to carry on with its formal duties.
In these columns, we have more than once dealt with the subject of food adulteration in the State and more essentially in the two capital cities where there is dense concentration of population. People’s attention is diverted towards the Act only when some tragic event happens anywhere owing to food poisoning, food adulteration and unsafe drinking water or medicines. It is ridiculous that the Government moves in only when cases of food poisoning on a larger scale are reported. Actually, authorities charged with the duty of implementing provisions of Food Safety and Standards Act should be mobile and checking every now and then that food items are not adulterated. Prevention is better than cure. Sad to say from our past experience and knowledge, we have not found reports suggesting that the authorities have been rigidly enforcing the provisions of the Act. This has necessitated the Supreme Court to ask the State Government for a status report on implementation of the stipulations of the Act.
After Food Safety and Standard Act 2006 in Jammu and Kashmir was passed the State Government in the month of July last year had constituted a Steering Committee. Though the 8-member Committee was constituted but in practice little headway was made in deciding the ways and means of implementing the provisions of the Act. The matter was left where it lay and nothing happened thereafter.
The Supreme Court has left the matter to the Interim court to take whatever decision it would like in the light of the Act and would not interfere with it.  In the meanwhile, the State Government has been directed to send in a status report on the implementation of the Act to the SC. It has to be observed that owing to lackadaisical attitude of the State Government, it has been possible for the food processing companies to hoodwink the Government and the people for too long a time. If the Steering Committee had performed its duty with dedication and earnestness, there would be no chance for the defaulters to knock at the door of the court. Therefore, the onus of half-hearted implementation of the Act primarily rests with the Government. It is yet possible for the Government to meaningfully reactivate the Steering Committee and begin strict implementation of the provisions of the Act. People are waiting for the day when they will be assured that the food items they consume are not adulterated and will not adversely impact their health.