Supreme Court of India
CENTRE FOR PUBLIC INTEREST LITIGATIONversusUNION OF INDIA AND OTHERS ,
- Citation
- 2013 INSC 709
- Decided
- 22 October 2013
- Disposal
- Disposed off
- Bench
- K S RADHAKRISHNAN
Holding
The Court held that the Food Safety and Standards Act, 2006 and the Prevention of Food Adulteration Act, 1954, together with their rules, sufficiently address the petitioner’s concerns, and the authorities must enforce them; no separate committee is required.
Summary
The Centre for Public Interest Litigation filed a writ petition seeking a separate expert committee to examine the health effects of soft drinks, especially on children, and to compel the Union of India to impose stricter regulatory controls, labeling, and advertising standards. The Court examined whether the existing regulatory framework—primarily the Food Safety and Standards Act, 2006 and the Prevention of Food Adulteration Act, 1954—adequately covered the petitioner’s concerns. It held that the statutes and their rules already provide comprehensive provisions for labeling, additives, advertising, and safety of soft drinks, and that the grievance‑redressal machinery under these laws is sufficient. The Court emphasized that the authorities must enforce these provisions diligently, interpreting them in light of Article 21 of the Constitution which guarantees the right to life and health. Consequently, the petition was dismissed, but the Court directed the Food Safety and Standards Authority of India to strengthen its resources, conduct periodic inspections of markets, and ensure strict compliance with the existing laws.
Issues considered
- Whether the existing Food Safety and Standards Act, 2006 and Prevention of Food Adulteration Act, 1954 provide an adequate regulatory regime for soft drinks, negating the need for a separate expert committee.
- Whether the petitioner’s grievances regarding labeling, additives, advertising, and health impacts of soft drinks are covered by the current statutes.
- Whether the failure to enforce these provisions violates the fundamental right to life under Article 21 of the Constitution.
- Whether the Court should issue directions to the Food Safety and Standards Authority to enhance monitoring and enforcement.
Legislation cited
- Essential Commodities Act, 1955
- Food Safety and Standards Act, 2006s. 13, s. 13(4), s. 14, s. 16, s. 19, s. 21, s. 24, s. 4, s. 40
- Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011
- Food Safety and Standards (Packaging and Labelling) Regulations, 2011
- Food Safety and Standards (Restriction of Advertisement) Regulation, 2011
- Fruit Products Order, 1955
- Prevention of Food Adulteration Act, 1954s. 23(1), s. 3
Subjects
public healthfood safetysoft drinksArticle 21right to lifelabelingadvertisingregulatory frameworkFood Safety and Standards AuthorityPrevention of Food Adulteration Act
Judgment
[2013] 9 S.C.R. 1103
CENTRE FOR PUBLIC INTEREST LITIGATION A
v.
UNION OF INDIA AND OTHERS
(Writ Petition (Civil) No. 681 of 2004)
OCTOBER 22, 2013.
B
[K.S. RADHAKRISHNAN AND DIPAK MISRA, JJ.]
PUBLIC HEALTH:
Food articles injurious to public health -- Held: Art. 21 of c
the Constitution of India guarantees the right to live with dignity
- Any food article which is hazardous or injurious to public
health is a potential danger to fundamental right to life
guaranteed under Art.21 - Children and infants are uniquely
susceptible to the effects of pesticides because of their 0
physiological immaturity and greater exposure to soft drinks,
fruit based or otherwise - A paramount duty is cast on the State
and its authorities to achieve an appropriate level of protection
to human life and health which is a fundamental right
guaranteed to the citizens under Art. 21 read with Art. 39(e) E
and (f) and Art. 47 of the Constitution - Therefore, provisions
of FSS Act and PFA Act and the rules and regulations framed
thereunder have to be interpreted and applied in the light of
the Constitutional principles, and endeavour has to be made
to achieve an appropriate level of protection of human life and
health - Considerable responsibility is cast on the Authorities F
as well as the other officers functioning under the Acts to
achieve the desired results - Constitution of India, 1950 - Ars.
21, 39(e)(f) and 47 -- Food Supply and Standards Act, 2006
- Prevention of Food Adulteration Act, 1954.
G
PUBLIC INTEREST LIT/GA TION:
Writ petition before Supreme Court - For constituting a
Committee of Experts to evaluate harmful effects of soft drinks
1103 H
1104 SUPREME COURT REPORTS [2013] 9 S.C.R.
A on human health particularly on health of children, and to take
regulatory measures - Held: Adequate provisions have
already been made in various Acts, Rules and Regulations -
- By and large, the various grievances raised by the petitioner
are covered by the legislations - Their enforcement has to be
B ensured by the authorities concerned -- FSS Act has been
enacted to consolidate laws relating to food and to establish
the Food Safety and Standards Authority in India for laying
down science based standards for articles of food -- It provides
for machinery for examining the grievances and if a citizen
c has got any complaint with regard to the ingredients of any
soft drinks, he can approach the machinery -- On the basis
of the orders passed by the Court and in exercise of powers
conferred uls 13(4) of the FSS Act, the Food Authority,
constituted an expert ScJentific Panel on Labelling and
Claims/Advertising and that Panel, after examining the
0
various grievances raised by the petitioner and giving an
opportunity of being heard, passed an order on 12.9.2012 -
Food and Safety Standards Authority of India is, further
directed to gear up their resources with their counterparts in
all the States and Union Territories and conduct periodical
E inspections and monitoring of major fruits and vegetable
markets, so as to ascertain whether they conform to such
standards set by the Act and the Rules - Respondents shall
strictly follow the provisions of the FSS Act as well as the Rules
and Regulations framed thereunder - Constitution of India,
F 1950 - Arts.21, 39(e), (f) and 47 - Food Supply and Standards
Act, 2006 -- Prevention of Food Adulteration Act, 1954, Food
Safety and the Standards (Food Products Standards and
Food Additives) Regulations, 2011 -- Food Safety and
Standards (Packaging and Labelling) Regulations, 2011--
G Fruit Products Order, 1955.
The petitioner in the instant writ petition filed in public
interest, sought for constituting an independent Expert/
Technical Committee to evaluate the harmful effects of
H soft drinks on human health, particularly on the health of
CENTRE FOR PUBLIC INTEREST LITIGATION v. 1105
UNION OF INDIA
children and for a direction to the Union of India to take A
regulatory measures in this regard. It was mainly
submitted that there was no proper regulatory regime in
place to evaluate the harmful effects of soft drinks on
human health, particularly on the health of children and
also there was no mechanism to control and check the B
contents in particular, chemical additives in food,
including soft drinks.
Disposing of the petition, the Court
HELD: 1.1 The manufacture and sale of carbonated C
soft drinks is regulated by the Prevention of Food
Adulteration Act, 1954 (PFA Act), the PFA Rules and the
Fruit Products Order, 1955 issued under the Essential
Commodities Act, 1955. Adequate provisions have
already been made and Rules and Regulations are in D
force for prescribing labelling requirements as per Rule
32 to Rule 44 of PFA Rules, 1955. As per Rule 32 of PFA
Rules, as amended by notification GSR (E) dated
19.9.2008, declaration of all the ingredients of the food
products and in particular soft drinks, is required to be E
made in the descending order and Nutritional Information
is also required to be declared. Adequate provisions are
also in place under PFA together with the Rules and
Regulations made in that behalf to deal with misleading
advertisements. Reference may also be made to Rule 43A F
of PFA Rules, 1955. [para 16 & 18) [1121,G; 1122-F-H;
1123-A)
1.3 By and large, the various grievances raised by
the petitioner are covered by the legislations, namely, the
Food Suuply and Standards Act, 2006(FSS Act), the Food G
Safety and Standards (Food Products Standards and
Food Additives) Regulations, 2011, the Food Safety and
Standards (Packaging and Labelling) Regulations, 2011,
Prevention of Food Adulteration Act and the Rules framed
thereunder, etc. Most of the situations have already been H
1106 SUPREME COURT REPORTS [2013] 9 S.C.R.
A taken care of by the provisions of the FSS Act as well as
the Regulations, so as to achieve an appropriate level of
protection of human life and health and protection of
consumers' interest, including fair practices in all counts
of food trade with reference to food safety standards and
B practices. Their enforcement has to be ensured by the
authorities functioning under the said legislations. [para
3 and 15] [1110-D-E; 1121-E-F]
1.4 FSS Act has been enacted to consolidate laws
relating to food and to establish the Food Safety and
C Standards Authority in India for laying down science
based standards for articles of food. It provides for
machinery for examining the grievances and if a citizen
has got any complaint with regard to the ingredients of
any soft drinks, he can approach the machinery. Section
D 40 of FSS Act also enables the purchaser of any article
of food to get analyzed such food from the Food Analyst.
The Act is also intended to regulate the manufacture,
storage, distribution, sale and import, to ensure
availability of safe and wholesome food for human
E consumption. The Act is based on international
legislations, instrumentalities and Codex Alimentarius
Commission (CAC). "Codex India" the National Codex
Contact Point (NCCP) for India, coordinates and
promotes Codex activities in India in association with the
F National Codex Committee and facilitates India's input to
the work of Codex through an established consultation
process. The Act empowered the Central Government to
constitute the Food Safety and Standards Authority of
India u/s 4 of the FSS Act. The Food Authority is also
G authorised to constitute a Central Advisory Committee,
so also Scientific Panels. [para 7-9] [1112-H; 1113-A-B, C-
D, F-H]
1.5 On the basis of the orders passed by this Court
on 8.2.2011 and 15.4.2011 and in exercise of powers
H conferred u/s 13(4) of the FSS Act, the Food Authority,
CENTRE FOR PUBLIC INTEREST LITIGATION v. 1107
UNION OF INDIA
constituted an expert Scientific Panel on Labelling and A
Claims/Advertising and that Panel, after examining the
various grievances raised by the petitioner and giving an
opportunity of being heard, passed an order on
12.9.2012. [para 6] [111-F-G]
B
1.6 The General Principles of Food Safety in Chapter
Ill of the Act are to be followed in the administration of the
Act, by the Central Government, the Food Authority, the
State Governments and other agencies, while
implementing the regulations and specifying food safety C
standards or while enforcing or implementing the
provisions of the FSS Act. The Food Authority, while
discharging its functions, shall take into account the
prevailing practices and conditions in the country,
including agricultural practices and handling, storage and
transport conditions, including international standards D
and practices. The Food Authority shall be guided by the
general principles of food safety, such as, risk analysis,
risk assessment, risk management, risk communication,
transparent public consultation, protection of consumers'
interest, etc. [para 11] [1118-B-E] E
1.7 Art. 21 of the Constitution of India guarantees the
right to live with dignity. Any food article which is
hazardous or injurious to public health is a potential
danger to the fundamental right to life guaranteed under F
Art.21 of the Constitution. Children and infants are
uniquely susceptible to the effects of pesticides because
of their physiological immaturity and greater exposure to
soft drinks, fruit based or otherwise. A paramount duty
is cast on the States and its authorities to achieve an G
appropriate level of protection to human life and health
which is a fundamental right guaranteed to the citizens
under Art. 21 read with Art. 39(e) and (f) and Art. 47 of the
Constitution. [para 21 and 23] [1124-B-D; 1125-A-B]
H
1108 SUPREME COURT REPORTS [2013] 9 S.C.R.
A 1.8 This Court is, therefore, of the view that the
provisions of the FSS Act and PFA Act and the rules and
regulations framed thereunder have to be interpreted and
applied in the light of the Constitutional principles, and
endeavour has to be made to achieve an appropriate level
B of protection of human life and health. Considerable
responsibility is cast on the Authorities as well as the
other officers functioning under the Acts to achieve the
desired results. Authorities are also obliged to maintain
a system of control and other activities as appropriate to
C the circumstances, including public communication on
food safety and risk, food safety surveillance and other
monitoring activities covering all stages of food business.
[para 22) [1124-D-F)
1.9 The Food and Safety Standards Authority of India
D is, therefore, directed to gear up their resources with their
counterparts in all the States and Union Territories and
conduct periodical inspections and monitoring of major
fruits and vegetable markets, so as to ascertain whether
they conform to such standards set by the Act and the
E Rules. [para 24] [1125-B-C]
1.10 Penal provisions are also provided in the Act. It
is, therefore, of utmost importance that the provisions of
the Acts are properly and effectively implemented so that
F the State can achieve an appropriate level of human life
and health, safeguarding the right to life guaranteed
under Art. 21 of the Constitution of India. The respondents
shall strictly follow the provisions of the FSS Act as well
as the Rules and Regulations framed thereunder. [para
G 25-26] [1125-D-E]
CIVIL ORIGINAL JURISDICTION : Writ Petition (Civil) No.
681 of 2004.
Under Article 32 of the Constitution of India.
H
CENTRE FOR PUBLIC INTEREST LITIGATION v. 1109
UNION OF INDIA
Prashant Bhushan, Rohit Kumar, Sumit Sharma, for the A
Petitioner Pallav (Appellant-in-person).
Mukul Rohatgi, Amit Sibal, R.N. Karanjawala, Ruby Singh
Ahuja, Deepti Sarin, Udit Mendiratta, lshan Gaur (for Manik
Karanjawala, Binu Tamta, A. Deb Kumar D.S. Mahra, Sushma 8
Suri, Ravinder Narain, Kanika Gamber, Namita Kaul, Amrita
Chatterjee, Rajan Narain, Ankur Talwar, S. Hariharan,
Rajeshwari H., Kunal Chandra Agrawal for the Respondents.
The Judgment of the Court was delivered by
c
K.S. RADHAKRISHNAN, J. 1. The writ petition was
preferred for constituting an independent Expert/Technical
Committee to evaluate the harmful effects of soft drinks on
human health, particularly on the health of the children, and also
for a direction to respondent No. 1 - Union of India - to put in D
place a regulatory regime which could control and check the
contents in a particular chemical additive in foods, including soft
drinks. Further, direction was also sought for against
respondent no. 1 to make it mandatory for the soft drinks
manufacturers to disclose the contents and their specific E
quantity on the labels of soft drinks, including appropriate
warnings, qua a particular ingredient, and its harmful effects on
the people. Petitioner has also sought for a direction to
respondent no. 1 to check and control the misleading
advertising of soft drinks, particularly advertisements targeted
F
at children, unwary uneducated and illiterate people.
2. The Union of India and other respondents have
maintained the stand that the Food Supply and Standards Act,
2006 (the FSS Act), along with its Rules and Regulations
framed thereunder, constitute a vigorous regulatory regime, G
which takes care of all the above mentioned situations and
provisions of the FSS Act and the Rules and Regulations are
being enforced scrupulously and meticulously. Over and above,
it was pointed, in pursuance to the orders passed by this Court
H
1110 SUPREME COURT REPORTS [2013] 9 S.C.R.
A on 8.2.2011 and 15.4.2011, the Food and Safety Standards
Authority of India (for short "the Food Authority") examined the
various grievances raised by the petitioner and passed the
order on 12.9.2012. The findings recorded in the order dated
12.9.2012 passed by the Food Authority would allay all the fears
B and apprehensions raised by the writ petitioner and in any view
the same could be taken care of by the authorities functioning
under the provisions of the FSS Act as well as the Rules and
Regulations framed thereunder. Further, it was also pointed out
that if the petitioner or any other citizen has any grievance, he
c can always approach the statutory authorities functioning under
the FSS Act and, hence, no further directions are called for from
this Court under Article 32 of the Constitution of India.
3. We have gone through the various provisions of the FSS
Act, the Food Safety and the Standards (Food Products
D Standards and Food Additives) Regulations, 2011, the Food
Safety and Standards (Packaging and Labelling) Regulations,
2011, Prevention of Food Adulteration Act and the Rules
framed thereunder, etc. In our view, by and large, the various
grievances raised by the petitioner are seen covered by the
E above mentioned legislations, but the question is only with
regard to their enforcement by the authorities functioning under
these legislations.
4. We have already indicated that the main apprehension
F of the petitioner is that there is no proper regulatory regime in
place to evaluate the harmful effects of soft drinks on human
health, particularly on the health of children and also there is no
mechanism to control and check the contents in particular
chemical additive in food, including soft drinks. Petitioner also
G submitted that, though two separate scientific panels for
additives, labelling and advertising were constituted on the
basis of the directions given by this Court, the petitioner's
grievances regarding the ingredients of soft drinks were
considered by the scientific panel on labelling and advertising
H and not by the scientific panel on food additives. Petitioner
CENTRE FOR PUBLIC INTEREST LITIGATION v. 1111
UNION OF INDIA [K.S. RADHAKRISHNAN, J.]
submitted that the issue could have been considered by the A
scientific panel for food additives only and not by the panel
which has been constituted to consider issues of labelling and
advertising. The petitioner also submitted that even the
recommendations made by the Ganguly Committee were not
followed by the above mentioned committees. Ganguly B
Committee has recommended for a "well controlled studies to
assess effects of consumption of carbonated water on health"
and also an independent cell for "risk analysis". Petitioner has
pointed out that consumption of large amount of Caffeine
(methylated xanthine) can cause diseases and disorders, such c
as, insomnia, nervousness, anxiety and so on, which has been
used as an additive in soft drinks and is harmful to human life.
In support of this contention, reference has been made to
various research papers which have highlighted the harmful
effects of consumption of Caffeine.
D
5. Petitioner has also highlighted the harmful effects on
children created through misleading advertising, for which
reference has been made on the study conducted by the World
Health Organisation (WHO) and also on various study papers
published in the several International journals, highlighting the E
impact of advertising on children and its harmful effects.
6. We have already indicated that on the basis of the orders
passed by this Court on 8.2.2011 and 15.4.2011 and in
exercise of powers conferred under Section 13(4) of the FSS F
Act, the Food Authority, constituted an expert Scientific Panel
on Labelling and Claims/Advertising and that Panel, after
examining the various grievances raised by the petitioner and
giving an opportunity of being heard, passed an order on
12.9.2012, the operative portion of the same reads as under: G
"a) Soft drinks as referred in the representation
(Petitioner's representation dated 18.03.2011 ), are
regulated as carbonated water in accordance with
the standards under Food Safety and Standard
Regulation, 2011." "(W)ith the existing consumption H
1112 SUPREME COURT REPORTS [2013] 9 S.C.R.
A pattern prevalent in the country as reported in the
above referred data, the ingredients present in the
beverage do not appear to pose any health
hazard."
b) The labelling of soft drinks is governed by the Food
B
Safety and Standards (Packaging and Labelling)
Regulations, 2011. "(T)he labelling provisions of
carbonated beverages is in compliance with the
Food Safety and Standards (Packaging and
Labelling) Regulations, 2011."
c
c) The advertisement of carbonated beverages is
governed inter alia by the Prevention of Food
Adulteration Act, 1954, Food Safety and Standards
(Restriction of Advertisement) and Regulation,
D 2011 and the Advertising Standards Council of
India (ASCI) Code. The advertisement of
carbonated beverages complies with the provisions
of the Prevention of Food Adulteration Act, 1954,
the Food Safety and Standards (Restriction of
E Advertisement) Regulation 2011 and the ASCI
Code."
7. We find that the scientific panel consists of eminent food
scientists, chemical engineers, nutritionists, public health
experts, toxicologists etc. Petitioner raised the contention that
F the objection raised by it was considered by the Committee
whose title is the Scientific Panel on Labelling and Claims/
Advertising, even though the Food Authority has a panel with
the words "Food Additives" in its title. We find not much force
in this contention, when we examine the credentials of the
G members of the scientific panel on labelling/advertising.
Further, we notice that the grievances were examined by the
experts who are scientific experts, not by the members of the
panel chosen, who are only conversant with labelling/advertising
etc. In any view, we notice that the Act provides for a machinery
H for examining the grievances and if a citizen has got any
CENTRE FOR PUBLIC INTEREST LITIGATION v. 1113
UNION OF INDIA [K.S. RADHAKRISHNAN, J.]
complaint with regard to the ingredients of any soft drinks, he A
can approach the machinery. Section 40 of FSS Act also
enables the purchaser of ar.y article of food to get analyzed
such food from the Food Analyst after informating the food
business operator at the time of purchase of his intention to
have such article so analyzed. The Statute also provides penal B
provisions in case there is a contravention or non-compliance
of the regulations framed.
8. FSS Act has been enacted to consolidate laws relating
to food and to establish the Food Safety and Standards
Authority in India for laying down science based standards for C
articles of food. The Act is also intended to regulate the
manufacture, storage, distribution, sale and import, to ensure
availability of safe and wholesome food for human
consumption. The Act is based on international legislations,
instrumentalities and Codex Alimentarius Commission (CAC). D
CAC was created in 1961/62 by the Food and Agricultural
Organization of United Nations (FAO) and WHO to develop the
food standards, guidelines and related texts such as codes of
practice under the Joint FAQ/WHO Food Standards
Programme. The main purpose this programme is to protect E
the health of consumers, ensure fair practices in the food trade,
and promote coordination of all food standards work
undertaken by international governmental and non-
governmental organizations. "Codex India" the National Codex
Contact Point (NCCP) for India, coordinates and promotes F
Codex activities in India in association with the National Codex
Committee and facilitates India's input to the work of Codex
through an established consultation process.
9. The Act empowered the Central Government to G
constitute the Food Safety and Standards Authority of India
(hereinafter being referred to as "the Food Authority") under
Section 4 of the FSS Act. The Food Authority is also
authorised to constitute a Central Advisory Committee, so also
Scientific Panels. Section 13 of the FSS Act states that the
H
1114 SUPREME COURT REPORTS [2013] 9 S.C.R.
A Food Authority shall establish scientific panels which shall
consist of independent scientific experts with representatives
of industry and consumer organisations in its deliberations. The
Food Authority may also establish as many scientific panels,
as it considers necessary, in addition to panels on food
B additives, flavourings, processing aids and materials in contact
with food; pesticides and antibiotics residues. The Food
Authority, under Section 14 of the FSS Act, can also constitute
Scientific Committee consisting of Chairpersons of Scientific
Panels and six independent scientific experts not belonging to
c any of the scientific panels. The Committee shall be responsible
for providing the scientific opinions to the Food Authority and
shall have the powers for organising public hearings. The
Scientific Committee shall provide opinion on multi-sectoral
issues falling within the competence of more than one Scientific
Panel and set up working groups on issues which does not fall
0
under scientific panels. The duties and functions of the Food
Authority have been elaborately dealt with in Section 16 of the
FSS Act, which states that it shall be the duty of the Food
Authority to regulate and monitor the manufacture, processing,
distribution, sale and import of food, and shall specify, by
E regulations, the standards and guidelines in relation to articles
of food, mechanisms and guidelines for accreditation of
certification bodies engaged in certification of food safety
management systems for food businesses and notify the
accredited laboratories etc.
F
10. Chapter Ill deals with the general principles of food
safety. The said provisions are extracted hereunder for an easy
reference:
"CHAPTER Ill
G
GENERAL PRINCIPLES OF FOOD SAFETY
18. General principles to be followed in
administration of Act.- The Central Government, the
H State Governments, the Food Authority and other
CENTRE FOR PUBLIC INTEREST LITIGATION v. 1115
UNION OF INDIA [K.S. RADHAKRISHNAN, J.]
agencies, as the case may be, while implementing the A
provisions of this Act shall be guided by the following
principles, namely:-
(1) (a) endeavour to achieve an appropriate level of
protection of human life and health and the 8
protection of consumers' interests, including fair
practices in all kinds of food trade with reference
to food safety standards and practices;
(b) carry out risk management which shall include
taking into account the results of risk assessment, c
and other factors which in the opinion of the Food
Authority are relevant to the matter under
consideration and where the conditions are
relevant, in order to achieve the general objectives
of regulations; D
(c) where in any specific circumstances, on the basis
of assessment of available information, the
possibility of harmful effects on health is identified
but scientific uncertainty persists, provisional risk E
management measures necessary to ensure
appropriate level of health protection may be
adopted, pending further scientific information for
a more comprehensive risk assessment;
(d) the measures adopted on the basis of clause (c) F
shall be proportionate and no more restrictive of
trade than is required to achieve appropriate level
of health protection, regard being had to technical
and economic feasibility and other factors regarded
as reasonable and proper in the matter under G
consideration;
(e) the measures adopted shall be reviewed within a
reasonable period of time, depending on the nature
of the risk to life or health being identified and the
H
1116 SUPREME COURT REPORTS [2013] 9 S.C.R.
A type of scientific information needed to clarify the
scientific uncertainty and to conduct a more
comprehensive risk assessment;
(f) in cases where there are reasonable grounds to
suspect that a food may present a risk for human
B
health, then, depending on the nature, seriousness
and extent of that risk, the Food Authority and the
Commissioner of Food Safety shall take
appropriate steps to inform the general public of the
nature of the risk to health, identifying to the fullest
c extent possible the food or type of food, the risk that
it may present, and the measures which are taken
or about to be taken to prevent, reduce or eliminate
that risk; and
D (g) where any food which fails to comply with food
safety requirements is part of a batch, lot or
consignment of food of the same class or
description, it shall be presumed until the contrary
is proved, that all of the food in that batch, lot or
E consignment fails to comply with those
requirements.
(2) The Food Authority shall, while framing
regulations or specifying standards under this Act-
F (a) take into account-
(i) prevalent practices and conditions in the country
including agricultural practices and handling,
storage and transport conditions; and
G (ii) international standards and practices, where
international standards or practices exist or are in
the process of being formulated, unless it is of
opinion that taking into account of such prevalent
practices and conditions or international standards
H or practices or any particular part thereof would not
CENTRE FOR PUBLIC INTEREST LITIGATION v. 1117
UNION OF INDIA [K.S. RADHAKRISHNAN, J.]
be an effective or appropriate means for securing A
the objectives of such regulations or where there is
a scientific justification or where they would result
in a different level of protection from the one
determined as appropriate in the country;
B
(b) determine food standards on the basis of risk
analysis except where it is of opinion that such
analysis is not appropriate to the circumstances or
the nature of the case;
(c) undertake risk assessment based on the available c
scientific evidence and in an independent, objective
and transparent manner;
(d) ensure that there is open and transparent public
consultation, directly or through representative D
bodies including all levels of panchayats, during the
preparation, evaluation and revision of regulations,
except where it is of opinion that there is an urgency
concerning food safety or public health to make or
amend the regulations in which case such E
consultation may be dispensed with: Provided that
such regulations shall be in force for not more than
six months;
(e) ensure protection of the interests of consumers and
shall provide a basis for consumers to make F
informed choices in relation to the foods they
consume;
(f) ensure prevention of-
G
(i) fraudulent, deceptive or unfair trade practices
which may mislead or harm the consumer; and
(ii) unsafe or contaminated or sub-standard food.
(3) The provisions of this Act shall not apply to any H
1118 SUPREME COURT REPORTS [2013) 9 S.C.R.
A farmer or fisherman or farming operations or crops or
livestock or aquaculture, and supplies used or produced
in farming or products of crops produced by a farmer at
farm level or a fisherman in his operations."
11. The general principles referred to above are to be
8
followed in the administration of the Act, by the Central
Government, the Food Authority, the State Governments and
other agencies, while implementing the regulations and
specifying food safety standards or while enforcing or
implementing the provisions of the FSS Act. The Food
C Authority, while discharging its functions, shall take into account
the prevailing practices and conditions in the country, including
agricultural practices and handling, storage and transport
conditions, including international standards and practices. The
Food Authority shall be guided by the general principles of food
D safety, such as, risk analysis, risk assessment, risk
management, risk communication, transparent public
consultation, protection of consumers' interest, etc. Section 19
of the Act stipulates that no article of food shall contain any food
additive or processing aid unless it is in accordance with the
E provisions of the Act and regulations made thereunder.
12. Section 21 is of paramount importance and is
extracted hereunder for an easy.reference:
"21. Pesticides, veterinary drugs residues,
F antibiotic residues and micro- biological counts.-(1)
No article of food shall contain insecticides or pesticides
residues, veterinary drugs residues, antibiotic residues,
solvent residues, pharmacological active substances and
micro- biological counts in excess of such tolerance limits
G as may be specified by regulations.
(2) No insecticide shall be used directly on article of
food except fumigants registered and approved under the
Insecticides Act, 1968.
H
CENTRE FOR PUBLIC INTEREST LITIGATION v. 1119
UNION OF INDIA [K.S. RADHAKRISHNAN, J.]
Explanation.- For the purposes of this section,- A
{1) "pesticide residue" means any specified substance
in food resulting from the use of a pesticide and
includes any derivatives of a pesticide, such as
conversion products, metabolites, reaction products
B
and impurities considered to be of toxicological
significance and also includes such residues
coming into food from environment;
(2) "residues of veterinary drugs" include the parent
compounds or their metabolites or both in any C
edible portion of any animal product and include
residues of associated impurities of the veterinary
drug concerned."
The above mentioned section provides that no article of 0
food shall contain insecticides or pesticides, veterinary drugs
residues, antibiotic residues, solvent residues, pharmacological
active substances and micro-biological counts in excess of such
tolerance limit as may be specified by the regulations. It also
provides that no insecticide shall be used directly on articles
E
of food except fumigants registered and approved under the
Insecticide Act, 1968.
13. Section 24 of the FSS Act deals with restrictions of
advertisement and prohibition as to unfair trade practices and
reads as follows: F
"24. Restrictions of advertisement and prohibition as to
unfair trade practices.- {1) No advertisement shall be made
of any food which is misleading or deceiving or
contravenes the provisions of this Act, the rules and G
regulations made thereunder.
(2) No person shall engage himself in any unfair trade
practice for purpose of promoting the sale, supply, use and
consumption of articles of food or adopt any unfair or
H
1120 SUPREME COURT REPORTS [2013] 9 S.C.R.
A deceptive practice including the practice of making any
statement, whether orally or in writing or by visible
representation which-
(a) falsely represents that the foods are of a particular
standard, quality, quantity or grade- composition;
B
(b) makes a fals~ or misleading representation
concerning the need for, or the usefulness;
(c) gives to the public any guarantee of the efficacy that
c is not based on an adequate or scientific
justification thereof:
Provided that where a defence is raised to the effect
that such guarantee is based on adequate or scientific
justification, the burden of proof of such defence shall lie
D on the person raising such defence."
The above mentioned Section provides for restrictions on
advertising of any food which misleads or contravenes the
provisions of the FSS Act or the rules and regulations framed
E thereunder. It also provides for prohibition as to any unfair trade
practice for the purpose of promoting sale, supply, use and
consumption of articles of food or adoption of any unfair or
deceptive practice to mislead the public regarding the
standards, quality, quantity, usefulness or giving of any
F guarantee of the efficacy that is not based on an adequate or
scientific justification thereof.
14. The Food Authority, in exercise of its powers conferred
under clause (e) of sub-section (2) of Section 92 read with
Section 16 of the FSS Act, made the Food Safety and
G Standards (Food Products Standards and Food Additives)
Regulations, 2011. The same is intended to regulate and
monitor the manufacture, processing, distribution, sale and
import of food so as to ensure the safe and wholesome food.
The contents of soft drinks, in particular, are regulated by
H
CENTRE FOR PUBLIC INTEREST LITIGATION v. 1121
UNION OF INDIA [K.S. RADHAKRISHNAN, J.]
Regulation 2.10.6 of the Regulations under the title A
"Carbonated Water". Food Authority is also conferred with the
powers under clause (k) of sub-section (2) of Section 92 read
with Section 23 of FSS Act and in exercise of those powers it
framed the Food Safety and Standards (Packaging and
Labelling) Regulations, 2011. Section 23 read with the above B
mentioned regulations provides that no person shall
manufacture, distribute, sale or expose for sale or despatch or
deliver to any agent or broker for the purpose of sale, any
packaged food products which are not marked and labelled in
the manner, as may be specified. It further provides that every c
food business operator shall ensure that the labelling and
presentation of food does not mislead the consumers. Section
24, which we have already referred to earlier, provides for
restriction on advertisement of any food which misleads or
contravenes the provisions of the FSS Act or the rules and 0
regulations made thereunder. Advertisements for carbonated
beverages are being monitored by the Advertisement
Standards Council of India (ASCI), as per the above mentioned
regulations as well as the ASCI Code.
15. We may indicate that most of the situations have E
already been taken care of by the above mentioned provisions
of the FSS Act as well as the regulations mentioned
hereinbefore, so as to achieve an appropriate level of protection
of human life and health and protection of consumers' interest,
including fair practices in all counts of food trade with reference F
to food safety standards and practices.
16. The manufacture and sale of carbonated soft drinks
is regulated by the Prevention of Food Adulteration Act, 1954
(PFA Act), the PFA Rules and the Fruit Products Order, 1955 G
issued under the Essential Commodities Act, 1955. Section 3
of the PFA Act provides for constitution of a Committee called
the Central Committee for Food Standards (CCFS) and the
same is already constituted which has very wide powers, to
deal with all matTers relating to food items and to advise the
H
1122 SUPREME COURT REPORTS [2013] 9 S.C.R.
A Central Government and the State Governments on all matters
relating to Food and to carry out the other functions assigned
to it under the Act. Section 23(1) of the PFA Act enjoins a duty
upon the Central Government, after consultation with the CCFS,
to make rules which, inter alia, prescribes standards of quality
B for 340 food items in Appendix B and the labelling requirements
for all foods in Part VII. Under Rule 44 in Part VIII of the PFA
Rules, notifications have been issued from time to time
regulating or prohibiting the sale of various ingredients/foods
keeping in view the specific ~ature of those ingredients/foods
c based upon scientific study. CCFS and its sub-committees on
various issues are not only seized of the process of
implementing the standards but are also involved in regularly
reviewing the standards and various additives that are used in
the manufacture/processing of any article of food.
D 17. The PFA Act, the PFA Rules and the FPO already
control and check the contents, in particular chemical additives<
in food including soft drinks. Section 2(v) of the Act defines
"food". This definition also includes in itself any flavouring
matter or condiments. The Central Government has been given
E the power to notify any other articles which having regard to its
use, nature, substance or quality to be declared as food for the
purposes of this1Act. The Central Government has the power
under Section 23 of the Ac,t to take steps under Part VII of the
PFA Rules to prohibit and regulate the sale of certain foods.
F
18. Adequate provisions:-have already been made and
Rules and Regulations are in force for prescribing labelling
requirements as per Rule 32 to Rule 44 of PFA Rules, 1955.
As per Rule 32 of PFA Rules, as amended vide notification
G GSR (E) dated 19.9.2008, declaration of all the ingredients of
the food products and in particular soft drinks, is required to
be made in the descending order and Nutritional Information
is also required to be declared.
Adequate provisions are also in place under PFA together
H
CENTRE FOR PUBLIC INTEREST LITIGATION v. 1123
UNION OF INDIA [K.S. RADHAKRISHNAN, J.]
with the Rules and Regulations made in that behalf to deal with A
misleading advertisements. Reference may also be made to
Rule 43A of PFA Rules, 1955.
19. Article 21 of the Constitution of India guarantees the
right to live with dignity. The right to live with human dignity
8
denies the life breach from the Directive Principles of the State
Policy, particularly clauses (e) and (f) of Article 39 read with
Article 47 of the Constitution of India. Article 47 reads as
follows:
"47. Duty of the State to raise the level of nutrition C
and the standard of living and to improve public
health.- The State shall regard the raising of the level of
nutrition and the standard of living of its people and the
improvement of public health as among its primary duties
and, in particular, the State shall endeavour to bring about D
prohibition of the consumption except for medicinal
purposes of intoxicating drinks and of drugs which are
injurious to health."
20. Article 12 of the International Covenant on Economics,
E
Social and Cultural Rights, 1966 reads as follows:
"12.- (1) The States Parties to the present Covenant
recognize the right of everyone to the enjoyment of the
highest attainable standard of physical and mental health.
F
(2) The steps to be taken by the States Parties to
the present Covenant to achieve the full realization of this
right shall include those necessary for:
(a) The P.rovision for the reduction of the still birth-rate G
and of infant mortality and for the healthy
development of the child;
(b) The improvement of all aspects of environmental
and industrial hygiene;
H
1124 SUPREME COURT REPORTS [2013] 9 S.C.R.
A (c) The prevention, treatment and control of epidemic,
endemic, occupational and other diseases;
(d) The creation of conditions which would assure to a
medical service and medical attention in the event
of sickness."
B
21. We may emphasize that any food article which is
hazardous or injurious to public health is a potential danger to
the fundamental right to life guaranteed under Article 21 of the
Constitution of India. A paramount duty is cast on the States
C and its authorities to achieve an appropriate level of protection
to human life and health which is a fundamental right guaranteed
to the citizens under Article 21 read with Article 47 of the
Constitution of India.
D 22. We are, therefore, of the view that the provisions of the
FSS Act and PFA Act and the rules and regulations framed
thereunder have to be interpreted and applied in the light of the
Constitutional Principles, discussed above and endeavour has
to be made to achieve an appropriate level of protection of
E human life and health. Considerable responsibility is cast on
the Authorities as well as the other officers functioning under
the above mentioned Acts to achieve the desired results.
Authorities are also obliged to maintain a system of control and
other activities as appropriate to the circumstances, including
public communication on food safety and risk, food safety
F surveillance and other monitoring activities covering all stages
of food business.
23. Enjoyment of life and its attainment, including right to
life and human dignity encompasses, within its ambit availability
G of articles of food, without insecticides or pesticides residues,
veterinary drugs residues, antibiotic residues, solvent residues,
etc. But the fact remains, many of the food articles like rice,
vegetables, meat, fish, milk, fruits available in the market contain
insecticides or pesticides residues, beyond the tolerable limits,
H causing serious health hazards. We notice, fruit based soft
CENTRE FOR PUBLIC INTEREST LITIGATION v. 1125
UNION OF INDIA [K.S. RADHAKRISHNAN, J.]
drinks available in various fruit stalls, contain such pesticides A
residues in alarming proportion, but no attention is made to
examine its contents. Children and infants are uniquely
susceptible to the effects of pesticides because of their
physiological immaturity and greater exposure to soft drinks,
fruit based or otherwise. B
24. We, therefore, direct the Food and Safety Standards
Authority of India, to gear up their resources with their
counterparts in all the States and Union Territories and conduct
periodical inspections and monitoring of major fruits and
vegetable markets, so as to ascertain whether they conform to C
such standards set by the Act and the Rules.
25. Penal provisions are also provided in the Act. It is,
therefore, of utmost importance that the provisions of the Acts
are properly and effectively implemented so that the State can D
achieve an appropriate level of human life and health,
safeguarding the right to life guaranteed under Article 21 of the
Constitution of India.
26. The Writ Petition is disposed of with the above
E
directions, leaving its respondents, as already indicated, to
strictly follow the provisions of the FSS Act as well as the Rules
and Regulations framed thereunder.
R.P. Writ Petition disposed of.
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