LOGFRESH BIOTECHNOLOGY PVT. LTD. Vs. STATE OF TELANGANA

JUDGEMENT

(1.) These cases are heard together and are being disposed of by this common order as the issue involved in all these cases is similar.

(2.) The petitioners have filed the present petition by way of Public Interest Litigation challenging the directions issued by the Food Safety and Standards Authority of India (FSSAI), dated 16/08/2018 permitting the use of Ethephon for artificially ripening of fruits. The first petitioner before this Court is a Director of College of Post Graduate Studies, Secunderabad and teaches 'sales and marketing' and the second petitioner is a retired employee of A.P.Transco and a Trade Union Leader, as stated in the writ petition. They have stated that they are public spirited persons and they are engaged in ensuring strict implementation of laws, especially those relating to safety of food.

(3.) The petitioners have stated that Ethephon is an insecticide and is a hazardous substance. It is a corrosive phosphoric acid and an organophosphorous chemical and the Ethephon sachets, which are being sold in the market for ripening of the fruits, are highly risky. There is a possibility of leakage of Ethephon from porous sachets resulting in health hazards. Ethephon is recognised as potentially causing burns to the mouth, oesophagus and large number of deceases and therefore, as it is an insecticide, the same cannot be permitted to be used by issuing directions by the FSSAI. It has been further stated that Ethephon is registered as insecticide keeping in view Sec. 3(e)(i) and 3(e)(iii) of the Insecticides Act, 1968. Sec. 21(2) of the Food Safety and Standards Act, 2006 specifically states that no insecticide other than the registered and approved fumigants can be used directly on food. It has also been stated that the Regulation 2.3.14(1) of the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011 (hereinafter referred to as 'FSS (Prohibition) Regulations') prohibits any person from storing or exposing any insecticide like Ethephon. Therefore, the directions issued by FSSAI are in violation and ultra vires Sec. 21(2) of the Food Safety and Standards Act as well as Regulation 2.3.14(1) of FSS (Prohibition) Regulations. The petitioners have filed various documents to establish that Ethephon is a hazardous insecticide and by no stretch of imagination, it can be permitted to use for ripening of the fruits.