Rs 12 lakh ceiling not applicable to small-scale FBOs: Madras High Court
In response to the Writ Petition Number 4791/12 filed by Madurai Managar Anaitthu Vanigargal Nala Sa…In response to the Writ Petition Number 4791/12 filed by Madurai Managar Anaitthu Vanigargal Nala Sangam (represented by its president L Thangavel and co-petitioner P Arivarasu, who owns a small-scale food and beverage industry) and 16 other writ petitions (which were filed later), the Madurai Bench of the Madras High Court (comprising Justice K Chandru and Justice V Ramasubramanian) passed an interim order, ruling that the ceiling of Rs 12 lakh imposed on food business operators (FBOs) by the Food Safety and Standards Authority of India (FSSAI) may not apply to small-scale industries related to the food and beverage business.
"They ruled that the interim order that would make the Food Safety and Standards Act (FSSA), 2006, and the Food Safety and Standards Regulations (FSSR), 2011, work, even while permitting the petitioners to carry on their business within the framework of the law, can be passed, and directed the Centre to bring all writ petitions challenging the validity of FSSA and FSSR to the Supreme Court's notice," said Ganesh Jeyaraj, member, Madurai Managar Anaitthu Vanigargal Nala Sangam.
"The scientific panels and scientific committees, which were scrapped upon the apex court's recommendation, have been reconstituted, but the petitioners contend that this hasn't been done in accordance with Section 13 of the Act. They are also challenging FSSAI's decision not to adhere to the Act and FSSR for fixing the standards for each commodity," he informed.
"The judges also said that Tamil Nadu's food safety commissioner will draw samples and proceed with the other requirements subject to the final orders to be passed in the writ petition. He was directed to accept the petitioners as having complied with the labelling requirements in the form of stickers," Jeyaraj said.
He added, "The earlier stay and interim injunctions will be vacated. If the apex court is monitoring the implementation of the Act, no other constitutional court can work at cross purposes. If a person willingly complies with a substantial part of the Regulations, he may be kept out."