The Uttar Pradesh (UP) government has recently mandated that food establishments display the names and addresses of their owners to enhance transparency and safety, reflecting a broader trend in India towards stricter food safety regulations.
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- Himachal Pradesh Directives for Eateries: Following UP, Himachal Pradesh’s minister announced that eateries in the state must also display the owner’s ID, although this statement was later disowned by the government.
- Supreme Court Stay: On July 22, the Supreme Court stayed similar orders issued by the police in UP and Uttarakhand to eateries along the Kanwar Yatra Route to display names of the owner.
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Uttar Pradesh Directive for the Eateries
- In response to alarming incidents of food contamination, including reports of spitting and human waste being added to food items. The Uttar Pradesh Government implemented new guidelines including:
- Mandatory display of names and addresses of all food establishment operators, proprietors, and managers.
- Chefs and wait staff must wear masks and gloves while handling food.
- Installation of CCTVs in restaurants and hotels to ensure compliance.
- Thorough inspections and police verification of all employees in food-related establishments.
- The Uttar Pradesh Government said “necessary amendments should be made to the Food Safety and Standards Act to ensure compliance”.
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About Food Safety
- Food safety refers to the measures and practices that ensure food is safe for consumption and free from harmful contaminants, pathogens, and adulterants.
- It encompasses all aspects of the food supply chain, including production, processing, distribution, and preparation.
- Key components of food safety include:
- Hygiene Practices: Maintaining cleanliness during food handling and preparation to prevent contamination.
- Proper Cooking and Storage: Ensuring that food is cooked to safe temperatures and stored appropriately to inhibit microbial growth.
- Codex Alimentarius (Latin for ‘Food Code’) is a collection of internationally recognized standards relating to food, food production, food labelling, and food safety.
- It is published by the Food and Agriculture Organization of the United Nations
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- Regulatory Standards: Adhering to local and international laws and guidelines, such as those set by the Food Safety and Standards Authority of India (FSSAI) and the Codex Alimentarius, to ensure food quality and safety.
- Consumer Awareness: Educating consumers about safe food handling, preparation, and storage practices to protect their health.
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Key Legislation in India For Ensuring Food Safety: Food Safety and Standards Act of 2006
- About: The Act consolidates food laws in India and establishes the Food Safety and Standards Authority of India to set science-based standards for food.
- Objectives of the FSSA:
- Ensure the availability of safe and wholesome food for human consumption.
- Unify existing laws related to food safety.
- Establish the Food Safety and Standards Authority of India (FSSAI).
- Regulate the production, storage, sale, and import of food items.
- Scope: The Act covers all matters incidental or related to food safety and standards.
- The Act established FSSAI and the State Food Safety Authorities for each State.
Benefits of Food Safety Regulations
- Prevention of Foodborne Illness: Food safety regulations help prevent severe health issues and fatalities by ensuring that food is safe to consume and free from harmful parasites, viruses, and bacteria that cause food poisoning.
- Ensuring Proper Food Storage: Food safety regulations mandate that foods be stored properly to prevent microbial growth and require the separation of raw and cooked foods to avoid cross-contamination, thereby reducing the risk of food poisoning.
- Surveillance and Compliance: Regular monitoring of producers, processors, and packagers ensures adherence to safety standards, preventing outbreaks
- Promotes Public Health: Supervision of food processing employees raises awareness of quality standards, lowering risks to general health and improving population health.
- Cost-Effective for Industry: Increased food safety awareness reduces operational costs for the food industry, while improving the overall health and longevity of the population.
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Legal Framework for Selling Food in India
Under the Food Safety and Standards Act, 2006 (FSSA), there are following provisions for selling food in India:
- Mandatory Registration and Licensing:
- All food businesses must either register or obtain a licence from the Food Safety and Standards Authority of India (FSSAI).
- Small-scale operators (petty food manufacturers) must register, receiving a registration certificate and ID card, which must be displayed prominently at their premises.
- Larger operators need to obtain a licence, which must also be displayed.
- Identity Display Requirement: The existing rules already require food establishments to display owners’ identities through their FSSAI-issued documents.
- Penalties for Non-Compliance: Under Section 63 of the FSSA, any operator carrying on a food business without a licence can be punished with up to six months in prison and a fine of up to Rs 5 lakh.
Power of States under Food Safety and Standards Act (FSSA)
- State Authority to Make Rules: Under Section 94(1) of FSSA, state governments can make rules, subject to the Central Government and Food Authority’s regulations.
- States must publish proposed rules and obtain prior approval from the Food Authority.
- Scope of State Rule-Making: Under Section 94(2)(a), states can make rules on matters that come under “other functions of the Commissioner of Food Safety under clause (f) of sub-section (2) of section 30”.
- It enables the state government to create rules for any other necessary matters.
- Legislative Approval: Section 94(3) mandates that the rule must be submitted to the state legislature for approval as soon as possible.
- Role of the Commissioner of Food Safety: The Commissioner is appointed by the state government under Section 30, and is responsible for the efficient implementation of the FSSA and its rules.
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Concerns Regarding the State Government Directives Regarding Display Of Names:
- Concerns of Supreme Court: The Supreme Court raised concerns about the Uttar Pradesh Government’s directive to eateries during the Kanwar Yatra, emphasising that individuals cannot be forced to disclose their names.
- The Court temporarily halted the order, clarifying that eateries only need to display the names of the food items they serve.
- Concern Over Disclosure of Identities: There is a concern that directives from the Uttar Pradesh to mandatory display names in the Eateries will compel individuals to disclose their religious and caste identities. This could perpetuate social, communal divides and encourage prejudice.
- Violation of Constitutional Rights: The directives violated Article 15(1) of the Constitution, which prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth.
- Economic Discrimination Claims: The orders can create conditions that promote the economic boycott of minorities, violating the right to practise any profession under Article 19(1)(g).
- Untouchability Concerns: These directives indirectly supported untouchability, which is abolished and forbidden under Article 17 of the Constitution.
Ethical Dimensions in the context of food safety regulations and state directives
- Public Health vs. Individual Rights: There is a need to balance the ethical obligation to protect public health with respect for individual rights, including freedom of religion and personal choice.
- Equity and Fairness: Ensuring that guidelines do not disproportionately affect marginalised communities based on religion, caste, or socio-economic status.
- Access to Safe Food: Ensuring equitable access to safe food for all populations, regardless of their background, is a key ethical obligation.
- Duty to Protect: The ethical principle of “do no harm” supports the implementation of regulations that prevent foodborne illnesses and protect public health.
- Responsibility to Inform: Food businesses have an ethical responsibility to provide safe food and inform consumers about potential risks.
- Diverse Individual Choices: Respecting consumer autonomy and preferences is vital, as individuals may have varied tastes and dietary choices that influence their food consumption.
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Way forward
- Need to balance Public Health and Individual Rights: While state intervention is necessary to prevent foodborne diseases and ensure hygiene, such measures should not disproportionately infringe upon constitutional rights.
- Alignment with Codex Alimentarius: Aligning India’s food safety regulations with Codex Alimentarius will enhance public health protection and facilitate international trade.
- Strengthening Regulations: Clarify roles and responsibilities between state governments and FSSAI to enhance the regulatory framework.
- Engaging Stakeholders: Involve food businesses, consumers, and public health experts to promote awareness and compliance with food safety standards.
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October 3, 2024
