This is India, take a realistic view: High Court to FDA over food safety crackdown
The Bombay High Court on Wednesday questioned the Maharashtra Food and Drug Administration's (FDA) crackdown on food establishments, orally observing that the regulator should take
The Bombay High Court on Wednesday questioned the Maharashtra Food and Drug Administration's (FDA) crackdown on food establishments, orally observing that the regulator should take a "realistic view" while enforcing food safety norms. The court, however, also acknowledged the FDA's stand that public health concerns cannot be overlooked. The observations came while a division bench led by Acting Chief Justice Ravindra V Ghuge heard a petition filed by the Park Inn by Radisson hotel in Navi Mumbai, which challenged the suspension of its food licence following a surprise FDA inspection earlier this month. The hotel is among nearly 100 food establishments across Maharashtra whose licences have been suspended as part of the FDA's statewide enforcement drive. Read Full Story Appearing for the hotel, advocate Mayur Khandeparkar argued that the FDA had suspended the licence without recording adequate reasons in writing and questioned the threshold for such action. "One cockroach or 10 cockroaches is not the issue. But a checklist cannot be a reason for suspension," Khandeparkar submitted, contending that minor food safety lapses should not automatically result in suspension of licences.
COURT SEEKS A REALISTIC APPROACH During the hearing, the discussion turned to insects found in food establishments, prompting the bench to make a light-hearted observation. "Last week, there was a big insect sitting right in front of my table, on my table. So, what can we do...in India? I was telling you about a fly, no? Just now there is a fly. We are in India. We want to take a realistic step," Acting Chief Justice Ghuge remarked orally after a fly reportedly appeared in the courtroom. Addressing government pleader Neha Bhide, who appeared for the FDA, the bench said, "We are in India Madam, you have to take a realistic stand." Bhide, however, maintained that the regulator could not adopt a lenient approach since the matter directly concerns people's health and food safety. HC SEEKS INSPECTION OF COURT CANTEEN The bench also questioned whether the FDA was conducting surprise inspections at government-run institutions and even asked whether the Bombay High Court canteen had been inspected. In response, Bhide informed the court that the Brihanmumbai Municipal Corporation (BMC) canteen's licence had been suspended and that the Mantralaya canteen had also been raided last year, resulting in suspension of its licence.
The court directed that an inspection of the High Court canteen be carried out by Thursday and a report be submitted by Friday. MoORE EATERIES MOVE HIGH COURT Park Inn by Radisson is not the only establishment to challenge the FDA's action. Poornima, a popular Udupi restaurant located near the Bombay High Court in south Mumbai, has also approached the court after its food licence was suspended for alleged violations. Its petition is expected to be heard by Friday. In its plea, the restaurant has accused FDA officials of procedural irregularities, alleging that they acted in a high-handed manner, manipulated records and failed to follow the procedure prescribed under the Food Safety and Standards Act before suspending its licence. STATEWIDE CRACKDOWN ON FOOD ESTABLISHMENTS The FDA has intensified inspections across Maharashtra after the appointment of more than 40 additional food safety officers earlier this year, significantly expanding its enforcement capacity. As part of the drive, the regulator recently suspended the food licences of five prominent Mumbai clubs – the Cricket Club of India (CCI), MIG Cricket Club, RK Juhu Gymkhana, Aparna Juhu Gymkhana and Willingdon Sports Club – citing serious hygiene and structural deficiencies.
The BriefWire