Eateries Must Exhibit Date & Time Of Food Preparation On Packaging: Kerala High Court In 'Shawarma Death' Case

The Kerala High Court on Tuesday directed the issuance of instructions to eateries to exhibit the date and time of preparation of food articles on its packaging. 

The Court issued the direction while considering a plea by the mother of a 16-year-old who lost her life in 2022, upon consuming the dish, 'Shawarma'. 

Justice Devan Ramachandran in this regard, also directed necessary steps to be taken to create awareness in the minds of the public regarding the necessity to consume such food items within the stipulated time. 

"Necessary instructions shall also be given to all the eateries to exhibit the date and time of the preparation of the food article on its packaging - whether it be issued across the counter or through parcels; and necessary steps will also be taken to create awareness in the minds of the citizens as to the absolute imperative of confining to such timelines, while consuming it," the Court observed, while directing the Food Safety Commissioner to oversee such measures on a regular basis. 

It also warned of necessary consequences lest any manufacturer or eatery violate the afore directions. 

The Court issued the afore directives on being informed by the Food Safety Commissioner, Afsana Parveen, that one of the major causes for accident in case of consumption of Shawarma was that the same was being consumed by customers much after the time frame it was safe for consumption.

The Court was also told by Parveen that 'Shawarma Guidelines' had been issued in September 2022, and an 'Order of Ban' had also been issued in January 2023. She added that there were enforcement drives and inspections being conducted on regular basis, in which several eateries had been issued notices, apart from orders pertaining to labelling of parcels, and requiring the eateries to mention the specific date and time of manufacture. 

"The actions taken by the Food Safety Commissioner certainly are in the right direction and are a welcome beginning. However, the battle is far from being won, because, unless the eateries and consumers are made aware of the pitfalls of consuming ‘Shawarma’, except in the manner as governed by the applicable Regulations, Rules and Circulars, such accidents may continue to happen, as we have seen in the recent past," the Court observed. 

It further took note that in spite of the Order of Ban issued in January this year, disallowing the use of raw eggs in the production and storage of mayonnaise, there was an incident of death due to the consumption of Shawarma in the recent past. 

Taking note of the factual circumstances, the Court thus proposed to maintain the writ petition on its file in order to ensure that all orders and Regulations being issued were being implemented in public interest.

As regards the case at hand, it directed the respondents to file a counter affidavit stating their response to the allegations of the petitioner, along with the Guidelines, Orders, regulations, and other steps as detailed by the Food Safety Commissioner. The Court further called for the details of the prosecution and steps initiated against the eatery in question, either alongwith the affidavit or as a separate affidavit. 

The matter has been posted for further consideration on December 5, at 1:45 P.M. 

The Court had earlier, initiated a suo motu case upon the death of the 16-year-old girl, and hospitalization of over 50 people as a possible aftermath of consuming Shawarma.

The mother of the deceased subsequently approached the Court through the present plea seeking compensation of Rs. 1 Crore for her daughter's untimely death, as well as for ensuring the strict compliance of the Food Safety and Standards Act, 2006, and its compliance. 

Case Title: Prasanna E.V. v. State of Kerala & Ors. 

Case Number: W.P. (C) No. 19941 of 2023

Click Here To Read/Download The Order