The Himachal Pradesh High Court
vacated the stay on the state government’s notification dated June 26,
2013 and directed it to implement the notification banning the storage,
supply, sale and entry of non-essential food items packaged in plastic and
non-biodegradable material with effect from January 26, 2014. This excludes
packaged and mineral drinking water.
The Division Bench, comprising
justices Rajiv Sharma and V K Sharma, further directed the government to ensure
that edible oils and fats are not sold in plastic bottles or pouches (they
should be packed in tin containers). With effect from March 31, 2014, milk and
milk products, edible oils and fats, fruit and vegetable products and meat
products would be manufactured, transported, sold, packaged and distributed as
per the regulations of the Food Safety and Standards (Packaging and Labelling)
Regulations, 2011.
The Bench also directed the
government to ensure that with effect from March 31, 2014, no foodstuff,
including primary and essential food is manufactured, transported, sold,
packaged and distributed without conforming to the Food Safety & Standards
Act, 2006, and the Food Safety & Standards (Packaging & Labelling)
Regulation, 2011. The court also directed the state to appoint a food
commissioner, if not already appointed, within four weeks. It also directed the
government to ensure that no person is permitted to commence or carry on any
food business without either registering or obtaining a licence.
The court further directed the
district magistrates and the superintendents of police in all the districts in
Himachal Pradesh to enforce the notification of ban on non-essential food items
in non-biodegradable packaging, and added that they would personally be liable
and accountable for the non-enforcement of the notification.
In a statement released by the office
of the High Court public relations officer, the following is the list of
non-essential food items banned in non-biodegradable packaging: chips; wafers;
Kurkure; Mad Angles; biscuits; namkeens; lollipops; candies; candy bars;
toffees; sweets; chewing gum; cheese puffs; cookies; aam pappars; ice cream and
ice cream candies; chocolates and chocolates candies; Maggi noodles; sugary
cereals; corn flakes; breakfast cereals coated with sugar; deep-fried samosas;
pakoras; pizzas; burgers; patties; French fries; colas; carbonated drinks;
shakes; synthetic and fruit beverages; Indian sweets (i.e. jalebi, gulab jamun,
etc.); naans; pav bhaji; gol-gappa and other street foods; creamy cakes and
other fruit cakes.
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