Food Packing In Plastic Containers Raise Serious Public Health Concerns: Kerala High Court Seeks Response From Food Safety Commissioner

The Kerala High Court has sought the response of the Commissioner of Food Safety on a plea drawing the attention of the Court to the quality and nature of the packing materials being used in the State for serving food articles.

The plea was filed seeking action to be initiated on the use of plastic, uncoated papers and newsprints for packing food articles at restaurants.

The Single Bench of Justice Devan Ramachandran took serious note of the issue, and observed that, 

"The lives of citizens will be rendered in peril if the materials used for packing food articles are not properly monitored and supervised, especially when plastics are put to use for such purpose". 

Cautioning the Commissioner of Food Safety to treat the matter as on in the interest of the citizens, and not as an adversarial litigation, the Court directed the said Authority to "take into account all relevant and germane aspects, including the imperatives to ensure public health and safety at the highest level - be that by the smallest of the restaurants or the largest of them".

The said exercise was directed to be completed by September 21, 2023. 

"There is an added urgency to this matter because, with the advent of the COVID 19 pandemic, the distribution of food in packed containers has risen to great numbers; and there is hardly any specific instructions available, at least prima facie, with respect to the manner in which it is to be done. This certainly causes a grave public health concern; and am hence of the firm opinion that it requires immediate attention of the competent Authorities," the Court added. 

The matter has been posted for further consideration on September 25, 2023. 

Case Title: Nebu Thomas Cherian, Proprietor Anna Polymers v. State of Kerala & Ors. 

Case Number: WP(C) 25246/2023