Key Points:
- The Uttar Pradesh government has enacted a law that allows strict action against anyone involved in contaminating food with harmful substances.
- This new legislation includes a “verification process” which mandates restaurant and eatery owners to display their names and the names of their employees.
- The Food Safety and Standards Authority of India (FSSAI) will oversee the enforcement of this law.
New Delhi – The Supreme Court is unlikely to halt the Yogi Adityanath government’s recent directive, which requires restaurant and dhaba (roadside eatery) owners to display their names and those of their employees. This action comes under the Food Safety and Standards Act (FSSA), 2006, Section 56, and follows a series of incidents where food contamination has raised concerns.
The court had previously intervened during the Kanwar Yatra by putting a stay on a similar order that mandated shop owners along the yatra route to display their names. However, this recent law is a separate matter, aimed at ensuring food safety, especially in light of recent contamination cases.
Under this law, the UP administration can act against any individual found mixing harmful substances like saliva or other unsanitary materials into food. The law also mandates that eateries must prominently display the names of both owners and staff, ensuring full transparency.
Background of the Law: The Yogi Adityanath government introduced this directive just two months after the Supreme Court stayed an order related to the Kanwar Yatra route, which similarly required transparency from vendors. However, the current order is different, as it is based on health and safety regulations rather than religious concerns. The new law is to be enforced by joint teams from the Food Safety and Drug Administration, police, and local authorities.
Officials from Uttar Pradesh have clarified that anyone failing to comply with the new rules will face action from the FSSAI, which is responsible for monitoring food safety across India. The FSSAI will also lead the verification process to ensure proper implementation of the law.
Supreme Court’s Earlier Indication: In an earlier ruling, the Supreme Court indicated that only authorities responsible for enforcing the Food Safety and Standards Act (FSSA) and the Street Vendors Act could issue such orders. While the court acknowledged the legal basis for these actions, it also made it clear that law enforcement agencies, such as the police, cannot impose such orders without legal grounding.
The UP government’s new law, however, directly aligns with the FSSA, giving the state the authority to enforce food safety standards across the region. The court’s earlier stay on a police order does not apply to this situation, as this directive stems from the FSSAI’s legal framework.
Yogi Adityanath’s Concern: During a meeting in Lucknow, Chief Minister Yogi Adityanath expressed concerns about recent incidents where food was deliberately contaminated. He ordered swift action to ensure the verification process is completed as soon as possible, emphasizing that the law already has clear guidelines that must be followed efficiently.
The Chief Minister has also directed officials to amend existing rules, where necessary, to tighten enforcement. This includes creating a list of all food-serving establishments, such as cloud kitchens, restaurants, and dhabas, to ensure accountability.
Section 56 of the FSSA: According to Section 56 of the FSSA, if an individual or their employee contaminates food in any way, they could face a fine of up to ₹1 lakh. If the contamination results in injury or death, the penalty could range from six months to life imprisonment, along with a fine of up to ₹10 lakh.
In previous rulings, the UP, Uttarakhand, and Madhya Pradesh governments mandated that dhaba and food stall owners along the Kanwar Yatra route must display their names and provide transparency to travelers about the food they are consuming. The Supreme Court ruled that this responsibility falls under the FSSAI, and it must ensure that food served to pilgrims is both hygienic and vegetarian.
Recent Orders by the Yogi Government: Taking note of several cases of food contamination reported across the country, Chief Minister Yogi Adityanath has instructed strict action against those involved. He has ordered a thorough inspection and verification process for all eateries, including restaurants, dhabas, and other food establishments, to ensure compliance with health and safety standards.
He also emphasized that any attempt to mix harmful or unsanitary substances into food is unacceptable and must be dealt with swiftly. His government aims to prevent such incidents from happening in Uttar Pradesh by implementing robust measures.
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