“Prepare A Plan for Sampling And Testing All Food”: Delhi High Court Directs FSSAI

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Synopsis

Court was hearing a suo motu case initiated in 2010, triggered by reports of pesticide misuse in vegetable cultivation, potentially leading to severe health issues

The Delhi High Court on Tuesday directed the Food Safety and Standards Authority of India (FSSAI) to devise a comprehensive plan for sampling and testing all food products across the national capital.

A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora emphasized that the FSSAI, as the apex authority on food safety, must draft a tailored plan specifically for Delhi to conduct a thorough food safety audit.

"This court directs FSSAI to prepare a plan for sampling and testing of all food products in Delhi. Let a plan be placed on record. We will get it implemented by the Delhi government," the bench ordered.

The court's directive stems from a suo motu case initiated in 2010, triggered by reports of pesticide misuse in vegetable cultivation, potentially leading to severe health issues. 

Amici curiae appointed to assist the court highlighted the lack of action by authorities on this matter, emphasizing the presence of pesticides exceeding permissible levels in fruits and vegetables sold in the market.

Additionally, concerns were raised about the use of "carbide" to artificially ripen fruits. The bench was informed that carbide ripening detection kits were yet to be procured, and no testing was being conducted to detect non-permitted wax.

During the proceedings, the court sought information from the counsel representing the Delhi government and FSSAI regarding the extent of testing conducted in the city, the availability of testing kits, and the allocated budget for these activities.

While the Delhi government counsel indicated that testing kits were provided by the FSSAI, they requested time to gather instructions on the matter.

The court urged the government to formulate policies regarding the frequency of sampling and testing in Delhi markets. It also sought clarification on the functionality of the "Pesticide Residue Management Cell" established by the Delhi government.

The case is scheduled for further hearing on May 8, with expectations of continued efforts to ensure food safety and standards in the capital city.

Case Title: Court on its own motion v. UOI Through Secretary, Ministry of Agriculture (another connected matter)