The High Court of Karnataka has directed the state government to establish proper laboratories, in consultation with and to the standards of National Accreditation Board for Testing and Calibration Laboratories (NABL), for effective implementation of the provisions of the Food Safety and Standards Act.
Justice V Shrishananda observed that in view of thousands of research papers published about the bad or ill effects of consuming fast food on a regular basis, the object of the Food Safety Act assumes greater significance.
The court said the state government should endeavour to appoint Food Safety Officers in each and every taluk at the earliest. “The laboratory should be equipped with proper and adequate staff. A proper training should be imparted to all the Food and Safety Officers for effective implementation of the Act, in collection of the samples, preservation of the samples and sending it to the laboratory, obtaining report and placing it before the Additional District Magistrate cum Adjudicating Authority at the earliest,” the court said.
The court has directed the matter to be posted for filing of the compliance report in the first week of January 2023.
The court passed these directions in a writ petition praying for quashing of the proceedings initiated by Additional District Magistrate/Adjudicating Authority in Vijayapura. The petitioner is a proprietor of a wholesale distributing agency in Vijayapura and is engaged in the distribution of various products, including instant noodles.
The prosecution case was that on June 11, 2015, the Food Safety Inspector had picked up a sample pack of an instant noodle and sent it to the Food Analyst, Belagavi, for testing. Though the report was submitted on June 23, 2015, it was contended that the sample was not tested for Mono Sodium Glutamate (MSG). Having no method to ascertain the presence of MSG in the sample, Food Analyst arrived at a conclusion that the product is misbranded.
In the case on hand, the court noted that prosecution could not have been launched without ascertaining the presence of MSG. The court quashed further proceedings against the petitioner.
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