Food safety laws in states

Sub : Polity

Sec: Legislation in news

Why in news?

The UP government last week made it mandatory for food establishments to “prominently” display to customers the names of the operator, proprietor, manager, and other relevant personnel. The reason cited for the measure was to ensure public health.
A day later, Himachal Pradesh minister said that in his state too, every eatery and fast-food cart will have to display the owner’s ID. However, the statement was retracted later.

Supreme Court ruling:

On July 22, the Supreme Court stayed similar orders passed by police in UP and Uttarakhand for this year’s Kanwar yatra.
The court said that the competent authority under the Food Safety and Standards Act, 2006 (FSSA) could indeed issue such orders, but police could not usurp this power.

What are the regulations for selling food in India?

Anyone who intends to operate a food business is required to either register or license their business from the Food Safety and Standards Authority of India (FSSAI).
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.

Under the Food Safety and Standards (Licensing and Registration of Food Businesses) Rules, 2011, enacted under the FSSA:

Petty Food Manufacturers such as small-scale food businesses, hawkers, vendors, and stall holders, are required to register with the FSSAI.
If the registration is approved, they receive a registration certificate and a photo identity card which shall be displayed at a prominent place at all times within the premises or vehicle or cart.
Operators of relatively large businesses have to obtain a licence from the food authority. The licence must be displayed at a prominent place at all times within the premises where the Food Business Operator carries on the food business.
In both cases, the owner’s identity and the establishment’s location are already required to be displayed through the photo ID and the licence.

Do states have the power to make rules under the FSSA?

Section 94(1) of the FSSA says that the State Government can create rules, but only after getting approval from the Central Government and the Food Authority.
They must also publish these rules beforehand.

Powers of State Government under FSSA:

The state government appoints the Commissioner of Food Safety under Section 30 to effectively implement the FSSA and its rules.
Sections 30(2)(a) to (e) outline specific tasks for the Commissioner, such as conducting surveys, providing training, and approving legal actions for violations.
Section 30(2)(f) allows the Commissioner to take on additional tasks as decided by the state government in consultation with the Food Authority.
Section 94(2)(c) lets the state government create rules for any other necessary matters.
Section 94(3) requires that these rules be presented to the state legislature for approval as soon as possible.

Can a state government’s directives under FSSA be challenged in court?

State government directives under the FSSA can be challenged in court.
In previous case from UP and Uttarakhand, petitioners argued that the directives compelled individuals to disclose their religious and caste identities, violating Article 15(1) of the Constitution, which prohibits discrimination based on religion, race, caste, or sex.
They claimed the orders could lead to economic boycott of Muslim minorities, infringing on the right to practice any profession under Article 19(1)(g) and promoting untouchability, contrary to Article 17.

Non-compliance with FSSA:

If a Food Business Operator violates any provision of the FSSA, the food authority can issue an Improvement notice under Section 31, outlining the reasons for non-compliance, required corrective actions, and a minimum compliance period of 14 days.
Failure to comply with the notice may result in license suspension or cancellation for repeat offenders.
Penalty: Section 58 allows for fines up to ₹2 lakh for violations. A second conviction may double the penalty and incur additional daily fines up to ₹1 lakh.

Food Safety and Standards Authority of India (FSSAI):

FSSAI is a body established under the Food Safety and Standards Act, 2006 to monitor and create regulations for how food should be processed, distributed, sold, and imported to ensure safe and wholesome