22 July 2019


Judgments

The Association of the Traders and Ors. v. Union of India and Ors.

MANU/MH/2431/2015

16.09.2015

Food Adulteration

Constitutionality of Food Safety and Standards Act, 2006 upheld

The Bombay High Court summarised its position on the constitutionality and vires of the Food Safety and Standards Act, 2006 as thus: “…if preventing fraud on the consumers and those who are guilty of endangering human life by indulging and dealing with the unsafe food are required to be dealt with iron hands…the provisions intend to curb such social evil…challenge as raised by the petitioners on every count ought to fail” Associations comprised of retailers, hotels and restaurants had alleged that the Act was vague and ambiguous in its terminology; it gave States little authority to fill in the ‘grey areas’; and powers of food safety inspectors and officials to take drastic action without giving due opportunity to be heard was against the principles of natural justice. The Court noted pervasive public health and interest behind the formulation and functioning of the Act. Officials empowered to take action were bound by procedures of show cause notice and anyone receiving the same had recourse to legal mechanisms.

Relevant

Section 16 Food Safety and Standards Act, 2006 Act Dhariwal Industries Ltd. and Anr. v. State of Maharashtra and Others MANU/MH/1519/2012
Sakhawant Ali v. State of OrissaMANU/SC/0093/1954

Tags : Food safety constitutionality public interest

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