SAMBHAGIYE NAGRIK UPBHOKTA Vs. UNION OF INDIA

JUDGEMENT

(1.) This PIL has been filed by an organisation named as Sambhagiye Nagrik Upbhokta Margdarshan Manch.

(2.) The petitioner prayed a relief that the State Government be directed to comply the provisions of Food Safety and Standards Act, 2006 (hereinafter called as 'Act of 2006') and the rules made thereunder. The State Government shall appoint Designated Officer, Food Commissioner and Food Analyst in accordance with the provisions of the Act of 2006 and the rules made thereunder. The Food Laboratory established in the State of Madhya Pradesh be notified in accordance with law.

(3.) Union of India enacted the Act of 2006. The President of India granted assent to the Act on 25th August 2006. Subsequently certain provisions came into force in the year 2008, 2009 and 2010. The object of the Act is to consolidate the laws relating to food and to establish the Food Safety and Standards Authority of India for laying down science based standards for articles of food and to regulate their manufacture, storage, distribution, sale and import, to ensure availability of safe and wholesome food for human consumption and for matters connected therewith or incidental thereto. The Act is in regard to providing food and regulation of distribution, manufacture and sale of food, hence, it is an important piece of legislation because it affects the life of citizens. Section 2 (h) of the Act of 2006 defines "Designated Officer", which means the officer appointed under section 36. Similarly, Section 2 (j) of the Act of 2006 defines "Food Analyst" which means an analyst appointed under section 45 and Section 2 (m) of the Act of 2006 defines "Food Authority", which means the Food Safety and Standards Authority of India established under Section 4. Section 2 (p) defines "food laboratory", which is as under :-