“As per Section 26 (2) of the FSSA, no food business operator can manufacture or sell any article of food which is unsafe or substandard or contains extraneous matter. Also, as per Section 36 (3) (b), the Commissioner of Food Safety can prohibit the sale of any food item which is in contravention of the provisions of the FSSA.
“However, the court has now ruled that unsafe or substandard food can be sold but that the consumer can choose not to buy it. There is a clear legal conflict here and, hence, the matter has been referred to the government. It is up to the Health Secretary now to decide if the government should go on appeal against the HC decision,” official sources at the Food Safety Department told The Hindu .
“The judgment in effect means that it is perfectly legal to sell substandard food as long as it is not dangerous to human health. This is a dangerous statement which strikes at the very root of the FSSA, an Act that was formulated to protect consumers from the hazards of unsafe/ substandard food,” they pointed out.
Congress MLA V.T. Balram has written to the Chief Minister pointing out the discrepancies between the FSSA and the HC judgment and the long-term dangerous consequences that could result if the court is not apprised of it.
Appeal to Chandy
Mr. Balram appealed to the Chief Minister to ensure that the government files an appeal immediately against the HC judgment.
