Karnataka High Court Directs Centre To Frame Separate Food Safety Guidelines For Small, Medium And Large Restaurants

The Karnataka High Court recently directed Central government to enact law or guidelines specifically and separately for restaurant businesses bifurcating them into small, medium and large businesses so that standards of food and health are maintained at every rung of consumption. For Context, under the Licensing and Registration of Food Businesses Regulations, 2011 at present lines of demarcation is upon annual turnover, distinguishing the petty business from the large restaurant, merely one economic scale.Justice M Nagaprasanna said: “Mandamus issues to the 1st respondent/Union of India to tripartite the guidelines of all nuances under the Regulations into small, medium and large restaurants qua the implementation of the Regulations, owing to the necessity of health standards and apprehension of health hazards by bringing in appropriate Regulations or guidelines.” "The State shall also bring in Health and Safety Standard Regulations for all street vendors, food trucks and create a mechanism for vigil over its strict implementation,” the court added.The court further observed that it was cultural truth that street food in India is a cherished norm and from humble roadside stalls, to the modern food trucks or uber restaurants, the "spirit of Indian cuisine thrives”.It said:"However, the Licensing and Registration of Food Businesses Regulations, 2011 draw their lines of demarcation upon annual turnover, distinguishing the petty business from the large restaurant, merely one economic scales. The only direction that can be issued while sustaining the Act and the Regulations is that Government of India should now enact law or guidelines as the case would be, specifically and separately for restaurant businesses bifurcating them to small, medium and large businesses, clearly indicating the hygiene, cooking processes, procurement of raw material etc., to be in conformity with traditional Indian standards of cooking and cooking processes," The court thus emphasized that bifurcation must ensue, so that the standards of food and health are maintained at every rung of consumption; consumption be it in a large restaurant, small restaurant, food trucks or even vending in the street.The court issued the direction while disposing of a petition filed by Karnataka Pradesh Hotel and Restaurants Association and another. The high court upheld the constitutionality of the Food Safety and Standards Authority of India Act, 2006 and the Regulations framed thereunder.The petitioners had approached the court questioning the notification issued by Food Safety Commissioner and Commissioner for Health, dated 13-03-2012, mandating every food business operator either to get the license or registration to carry out his food business and convert the existing PFA license or obtain new FSSAI license before 4th August 2012. They also sought to declare that certain provisions of the Food Safety and Standards Act, 2006, and the regulations framed thereunder, were unconstitutional.Petitioners argued that Regulations seeking to regulate food standards in the nation are on the face of them violative of Article 14 of the Constitution of India, as they deny equal treatment under law to all hoteliers or restaurants. It fails to pass the reasonable test, as every restriction imposed on the face of it, is unreasonable. It was claimed that the Food and Safety Standards Act of the United States of America is completely paraphrased into the subject ActThe Union of India and State government opposed the plea contending that presumption of constitutional validity of every legislation of the Act of Parliament or the legislature is valid till it is declared ultra vires. It was argued that the Act received President's assent on 23-08-2006, repealing and consolidating Food Safety and Standards in the nation. The food safety and standards that form part of the Act are all based on international legislations, instrumentality like the Codex. Alimentary Commission also takes care of international practices and envisages overarching policy frame work in a single window.The bench referred to judgments of the Apex Court and the various High Courts which while interpreting the provisions of the Act and the Regulations framed there under and have uniformly upheld their validity, necessity and constitutional propriety. It said “Each of these judgments delivered subsequent to the filing of the present petition, reaffirms in resounding unanimity, the vital public purpose that the Act serves – the preservation of food safety. In the light of such judicial exposition, the standards impugned cannot now be diluted upon a mere challenge to the Regulations. The Regulations do not, by any stretch of judicial imagination, brood over unconstitutionality, rather they stand as lawful instruments of a benevolent legislative will.” The court said that the regulations in question, merely institute a regulatory regime founded upon reason and necessity and to impugn such a regime that...

Karnataka High Court Directs Centre To Frame Separate Food Safety Guidelines For Small, Medium And Large Restaurants

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