Kerala High Court seeks response from Food Commissioner on plea for action against use of uncoated papers, newsprints for food packaging

The Kerala High Court on Thursday sought the response of the Commissioner of Food Safety on a plea seeking actions against the use of uncoated papers and newsprints for packing food at restaurants [Nebu Thomas Cherian Proprietor Anna Polymers v State of Kerala & Ors.]..Justice Devan Ramachandran said that the food commissioner ought to take into account all relevant, aspects including the need to ensure public health and safety at all restaurants regardless of how prestigious or not they may be.“I am of the view, that the Commissioner of Food Safety has a very important role to play in this regard. The life of citizens is in peril if materials used for packing are not properly monitored and supervised,” the Court said in its interim order..Justice Ramachandran also pointed out that there is an added urgency to the matter because the distribution of food parcels has increased since 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," the order stated.The judge opined that the issue poses a grave public concern, and therefore, requires immediate attention of the competent authorities..The order was passed on a petition filed by one Nebu Thomas Cherian, Proprietor of Anna Polymers, a manufacturer of compostable paper plates.The petitioner claimed that Anna Polymers was certified by the Central Pollution Control Board (CPCB) and has been put through rigorous tests for food migration, food grade, and grease-proof properties.The main contention is that in the State of Kerala, there is widespread defiance of the Food Safety and Standards Act (FSSA) and the Food Safety and Standards (Packaging) Regulations which provide for clear guidelines on food packaging, prohibiting the use of non-food grade, non-grease-proof papers, and papers that fail the food migration test, and also specifies penal provisions for violations.The plea pointed out that uncoated paper plates which are neither food grade nor compliant with food migration tests are extensively used for serving food and even oily snacks are served on newsprint papers. “The failure to ensure compliance with food safety standards allows unscrupulous manufacturers to continue using uncoated papers and newsprints for food packaging, posing potential risks to public health and the environment,” said the plea.The petitioner further said it is imperative that the Commissioner of Food Safety in Kerala fulfills their duty to enforce the provisions of the FSSA 2006 and the Food Safety and Standards (Packaging) Regulations of 2018.It was also argued that despite the existence of the Plastic Waste Management Rules which prohibits the use of uncoated papers or newsprints for packaging, certain unscrupulous manufacturers persist in bypassing the ban on single-use plastic products coated with wax.The plea highlighted that the same not only endangers the health and safety of the general public but also hampers the rights of the petitioner as a legal manufacturer adhering to the prescribed regulations, thus violating Article 21 and Article 19(1)(g) of the Constitution.Therefore, the petitioner sought a direction to the State Government to enforce FSSA 2006 and the Food Safety and Standards (Packaging) Regulations, 2018..The matter will be heard next on September 25..The petitioner was represented by advocates Sneha MS, G Hariharan, Praveen H, KS Smitha, TT Shaniba and Amal Dev D..[Read Order]