Implementation of Food Safety and Standards Act in the Isles: Landmark Judgment by Calcutta High Court

Port Blair, June 8: The Food Safety and Standards Act 2006 and Rules 2011 is being implemented in the Islands on adhoc mechanism from 5^th August 2011. As per the Act the Statutory functionaries have to be appointed on Whole-Time- Regular basis, but the A&N Administration had appointed the Director of Health Services and Medical Officers on additional Charge of Commissioner Food Safety and Designated Officers (Chief Food Safety Officers).

On a Public interest Litigation Filed by Advocate K. Sabir on behalf of Island Protection Forum, the Ministry of Health and Family Welfare supported the petitioners cause. The High court expressed its displeasure on the lack of seriousness in ensuring the right to safe food. Under Article 21 of the Constitution, the Constitution Guarantees Right to live with human dignity'. It is the duty of the state to raise the level of nutrition and the standard of living and to improve public health.

The petitioner contented that no Food is being tested in the islands for the past 15 years, as there is no Food Analyst and said any food article which is hazardous or injurious to public health is a potential danger to the fundamental right to life guaranteed under Article 21 of the Constitution of India. Therefore it is mandatory to appoint all Statutory Functionaries on a Whole-time Basis.

The Hon’ble Court directed the Union Government and the UT Government to appoint all statutory functionaries  (The State Food Safety Authority consisting of Whole Time Commissioner Food Safety, Whole Time Designated Officer, Whole Time Food Safety Officer and Food Analayst) to implement the Act in a proper and complete manner as per the mandatory qualification given in the Food Safety and Standards Rules.

If the Act is implemented properly as per the Hon’ble Court’s Order, it is likely to generate many Jobs apart from the post of Food Safety Officer whose qualification requires Masters in Chemistry, or Graduate in Food Science (BSc Agriculture) or Food Technology or Microbiology.