Tag Archives: Pending Cases

Pending Cases – Repealed Enactments

The Food Safety and Standards Act, 2006, on its coming into force, repealed various existing enactments and orders, including the Prevention of Food Adulteration Act, 1954, the Fruit Products Order, 1955, the Meat Food Products Order, 1973 and the enactments/ orders set out in the Second Schedule to the FSS Act.

The Food Safety and Standards Authority of India has taken note of the fact that a large number of cases under these enactments/ orders are pending before various courts and tribunals, across the country. In a circular issued to all the Commissioners of Food Safety, the FSSAI had stated that in many of these cases the offences committed are not very serious and further the penalties/ punishments that have been prescribed are also not substantial and that the pendency of these cases, in addition to creating a burden on the judicial system, also requires the time and the resources of the Government in pursuing the matters. The FSSAI is keen on ensuring that these resources are used towards the implementation of the FSS Act such that consumers receive safe and wholesome food.

The FSSAI has therefore asked all Commissioners of Food Safety to examine the pending cases under the repealed enactments/ orders and ascertain as to whether the said cases may be withdrawn. The findings of the Commissioners of Food Safety are however yet to be made public.

This move of the FSSAI comes across as a practical solution to reducing the number of outstanding cases thereby enabling the FSSAI to channelise its energies and resources in the right direction. The circular, that was issued earlier this year, is however not to be confused as a mass amnesty scheme and it should be clearly understood that there would no automatic withdrawal of pending cases.