Lok Sabha Question No. 264 (STARRED), answered on 2021-08-06
Subject: Fast Track Court for Food Adulteration Complaints
Ministry: HEALTH AND FAMILY WELFARE
Asked by: A.K.P. Chinraj

## GOVERNMENT OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE DEPARTMENT OF HEALTH AND FAMILY WELFARE

## LOK SABHA STARRED QUESTION NO.264 TO BE ANSWERED ON THE 6 TH  AUGUST, 2021 FAST TRACK COURT FOR FOOD ADULTERATION COMPLAINTS

## *264. SHRI A.K.P. CHINRAJ :

Will the Minister of HEALTH AND FAMILY WELFARE be pleased to state:

- (a) whether the Government proposes to set up fast track court, especially for resolving food adulteration cases/complaints and if so, the details thereof;
- (b) the details of food adulteration cases, including those registered during 2011 that are  pending  for  decision  in  the  State  of  Tamil  Nadu,  particularly  in  the  district  of Namakkal along with the reasons therefor;
- (c) the number of cases of adulterated jaggery that have been reported from 2019 till date in the said district;
- (d) the details of the lab reports on the samples of adulterated jaggery collected during the said period; and
- (e)  whether  any  punitive  action  has  been  taken  against  the  manufacturers  of  such adulterated jaggery, if so, the details thereof and if not, the reasons therefor?

## THE MINISTER OF HEALTH AND FAMILY WELFARE

## ANSWER (SHRI MANSUKH MANDAVIYA)

- (a) to (e) A Statement is laid on the Table of the House.

## STATEMENT REFERRED TO IN REPLY TO LOK SABHA STARRED QUESTION NO. 264* FOR 6 TH  AUGUST, 2021

(a): Food Safety Standards Authority of India (FSSAI) has informed that Food Safety and  Standards  Act,  2006  provides  the  framework,  processes  and  mechanism  for  its enforcement and for adjudication of  all  violations  under  the  FSS  Act,  including  the cases of food adulteration.

Food Safety and Standards Act, 2006 provides for penalties for infringement of the provisions of the Act. These include penalties/punishment for selling food not of the  nature  or  substance  or  quality  demanded;  sub-standard  food;  misbranded  food; misleading advertisement; food containing extraneous matter; failure to comply with the  directions  of  the  Food  Safety  officer;  unhygienic  or  unsanitary  processing  or manufacturing  of  food;  possessing  adulterant;  unsafe  food  etc.  As  prescribed  in Section 68 of the FSS Act, 2006, offences with penalties/ fines are adjudicated by an Adjudicating Officer. The offences where imprisonment has been provided for (with or without fine) are to be tried by the Special Court set up in States/ UTs and where such  Courts  do  not  exist,  these  cases  are  tried  in  Criminal  Courts  of  ordinary jurisdiction.

(b):  As per Annual Report for the year 2020-21 received from Government of Tamil Nadu, total number of pending Civil (involving only fines) and Criminal Cases related to food products under FSS Act  as on 31.03.2021 are as under:-

| Civil Cases    |   1583 |
|----------------|--------|
| Criminal Cases |   1800 |

In  the      District  of  Namakkal,  14  criminal  cases  are  pending  since  2011  as below:

Paramathi Judicial Magistrate Court-12 cases Namakkal Judicial Magistrate Court-2 cases.

(c)  &  (d)  As  per  information  received  from  the  Government  of  Tamil  Nadu,  33 samples of jaggery were lifted from  2019 till date in the District of Namakkal. Out of these, 14 samples were found conforming to the standards and 8 samples were found non-conforming.  In  these  8  non-conforming  cases,  3  samples  were  found  unsafe,  2 samples sub-standard  and  3  samples  misbranded.    Cases  have  been  filed  in  these  8 cases.

(e)        Regular  Inspections  were  conducted  from  2011.  Based  on  inspections,  90 enforcement samples were lifted. In addition 14 surveillance samples were also lifted. Based on food analysis report, legal actions have been initiated. 36 Adjudication cases were filed.  33  of  these  resulted  in  convictions  where  a  penalty  of  Rs,  4,79,000  was levied. Besides, 14 criminal cases were also filed.