W.P.(C) No. 15360 of 2022 (In re: Suo Motu Proceedings Initiated Pursuant to Newspaper Reports Dated 02.05.2022 on Food Poisoning)

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ## **`THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR`** ## **`&`** ``` THE HONOURABLE MR. JUSTICE SHAJI P.CHALY ``` ``` MONDAY, THE 27[TH] DAY OF JUNE 2022 / 6TH ASHADHA, 1944 ``` ## **`WP(C) NO. 15360 OF 2022`** ## **`PETITIONER:`** ``` SUO MOTU ``` ``` "IN RE: SUO MOTU PROCEEDINGS INITIATED PURSUANT TO NEWSPAPER REPORTS DATED 02.05.2022 ON FOOD POISONING" ``` ``` BY ADV suo motu ``` ## **`RESPONDENTS:`** - `1 GOVERNMENT OF KERALA, REPRESENTED BY THE SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, THIRUVANANTHAPURAM-695 001.` - `2 THE COMMISSIONER OF FOOD SAFETY, THYCAUD P.O., THIRUVANANTHAPURAM-695 014.` ``` SRI.V.TEKCHAND-SR. G.P. ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` **W.P.(C)No.15360 of 2022** **2** ## **JUDGMENT** Dated this the 27[th] day of June, 2022 ## **Shaji P.Chaly, J.** The writ petition is suo motu registered by this court based on the news of the death of a young child by name Devanandha, and 57 other persons infected due to food poisoning. 2. The order passed by a Division Bench of this court accordingly on 06.05.2022 reads thus: “We initiated this writ petition suo motu being shocked by the news of the death of a young child by name Devananda due to food poisoning. The fact that more than 57 other persons were also so infected - but fortunately, without any fatal complications - also spurred us into this motion. 2. On 04.05.2022, we began this case with the following order: “Suo Motu proceedings initiated pursuant to Newspaper Reports dated 02.05.2022 Dated this the 4th day of May, 2022 A day ago, the Press in Kerala have reported the shocking death of a sprightly young girl Devanandha; and of the hospitalization of 57 or so others, due to food poison. A particular food item is ascribed to be the probable cause. We are, like every other citizen, appalled- not only of the terribly unfortunate turn of events, but pondering how it could happen at all when strict enforcement and analytical regimes and systems are already in place under the Food Safety and Standards Act, 2006 (hereinafter referred to as "the Act" for brevity). **W.P.(C)No.15360 of 2022** **3** We are fully cognizant, as we are also told by Sri.S.Kannan, Senior Government Pleader, that necessary investigations are going on; and therefore, that it is now too early to draw conclusions. But we are firm that this shall never recur, especially because the food preparation in question appears to have obtained great popularity in our State. Therefore, though we propose not to speak specifically about the incident in focus; or to, in any manner, reflect on the ongoing investigation into it, we deem it pressing in the interests of the health and life of our citizens, to seek explication from the Authorities concerned on the measures taken, or to be taken, to warrant to them in future the safety of the food they are served and offered. This is all the more acme, since the Commissionerate of of Food Safety in Kerala is invested with the duty to implement and ensure the efficient implementation of food safety, its standards and other unexpendable requirements under the Act, as also under the Rules and Regulations under it. Apodictically, it is solely when the twin legal duties of enforcement and analytics with special emphasis on "watch, guard and accountability"- is discharged by the officers diligently, can the well publicized motto of the Commissionerate of Food Safety - "Safe food for Healthy Life", obtain real meaning. For the afore, we order the Registry to register and number this case as a suo motu Public Interest Litigation, arraying the Government of Kerala, represented by the Secretary, Health & Family Welfare Department, Thiruvananthapuram and the Commissioner of Food Safety, Thycaud P.O., Thiruvananthapuram, as the initial respondents. The various news paper reports that have been made available to us across the bar, shall be appended as documents in this matter. 3. Today, Sri.S.Kannan – learned Senior Government Pleader, has placed on record - along with the reports of the Inspector of Police, Chandera, Kasaragod and that the the District Medical Officer - an interim report by the Commissioner of Food Safety, who has been arrayed as the 2[nd] **4** ## **W.P.(C)No.15360 of 2022** respondent. The learned Senior Government Pleader conceded that the institution which is suspected of having caused the food poisoning did not have a valid food safety licence and that they had been, in fact, directed not to continue with their operations. He then added that the Commissionerate of Food Safety is very serious about ensuring the highest standards of food served to our citizens and that more than 32 squads have been set up all over the State to conduct surprise inspections, raids and such other. 4. Sri.S.Kannan then pointed out that, in the last two financial years, 12,683 samples were taken, 538 prosecutions launched, along with 832 adjudication cases. He submitted that this would clearly demonstrate the effort taken by the Commissionerate to make sure that the citizens are not faced with the situation as has been now reported, explaining that the horrific incident is unfortunate and isolated. 5. Sri.S.Kannan thereafter submitted that the Directorate of Food Safety has issued licences to various eateries and other outlets, following the imperative requirements under the Food Safety Act,2013 and that a total of 58,948 licences and 2,25,317 registrations have been issued. He added that in the last two years, more than 3,146 cases were compounded entailing a total penalty of 1,08,77,250 and impressed upon us that the officers concerned have been doing their duties diligently. 6. As regards the follow up action consequent to the horrific incident, Sri.S.Kannan submitted that additional Special Food Safety Squads have now been constituted by the Commissioner of Food Safety and that its efficiency bears testament to the fact that, in the last four days, 500 inspections have been conducted leading to 43 food business establishments being closed down. He further showed us that paragraph 11 of the report of the Commissioner of Food Safety avers that 47 notices have been issued for compounding and 115 kgs of stale meat had been destroyed, with 40 other samples being collected for lab analysis. He closed his submissions assuring this Court that inspection and enforcement activities are being done by the **W.P.(C)No.15360 of 2022** **5** Commissionerate and will be continued to be done on a regular basis; and that it is only on account of such strenuous efforts taken by the department that our State won the 2nd position in National level for State Food safety index, as part of the World Food Safety Day, namely June 7, 2021. 7. We have examined the various reports available on record very carefully and have also deeply contemplated upon the submissions made at the Bar as afore. 8. As we have said in the afore extracted interim order, it is only when the Commissionerate of Food Safety discharges its imperative statutory obligation of enforcement and analytics leading to an effective “watch, guard and accountability” regime, can Kerala achieve a healthy life through safe food. No doubt, the Commissionerate appears to be impelled into action on account of the death of Devananda but we are certain that reactions cannot be merely in consequence to such horrific incidents or in the manner of a “pavlovian response”, but must be a continuous process around the year since prevention is certainly better than prosecution. 9. At this time, we must certainly take into account another submission of Sri.S.Kannan – learned Senior Government Pleader, that if the health officers of the Local Self Government Institutions also work in tandem with the Commissionerate of Food Safety, the effectiveness and efficiency of monitoring would be much higher. Certainly, this is an issue that will have to be considered by the appropriate levels of the Government, by issuing necessary directives and orders, which we are certain are unexpandable in the present times. 10. Since we have registered this Public Interest Litigation suo motu only to make sure that the various Authorities vested with the powers under the “Act”, as also the other jurisdictional Authorities, conduct themselves statutorily on a regular basis, without having to await an incident of a nature in focus, we certainly deem it appropriate to record that the steps that have been taken subsequent to the death of Devananda inspires some confidence. However, **W.P.(C)No.15360 of 2022** **6** this cannot be one of a kind and has to be the routine. 11. To paraphrase, a constant monitoring and enforcement cannot be the exemption, but the Rule. 12. Though the essential and constitutive facts involved in the particular incident does not engage our minds specifically, as we have already said in the afore extracted order, prima facie, we believe that had the enforcement being more effective, the incident itself could have been averted, particularly because the Commissioner of Food Safety avers in his report that the license of the food outlet had been refused to be renewed and they were asked not to operate. It is precisely this that this Court is intending to overview, since, as we have found earlier, a continuous monitoring process with strict emphasis on enforcement is imperative and this should be continuously ensured. 13. With the afore in mind, we adjourn this matter to be considered for further orders, if so required, for a period of two weeks; within which time, the State will also respond on the suggestion made at the Bar as to how there can be an effective synergy between the Directorate of Food Safety and the Health Officers of the Local Self Government Institutions. 14. As we part, we surely must say that the action now taken by the Commissionerate will have to be continued on a year round basis and cannot be merely as a reaction to the incident in question. We are sure that the continuation of this PIL on the files of this Court would be of some guarantee to the citizens that this will be done in future, for which purpose, we deem it appropriate to keep it pending for some more time.” 3. When the matter came up on 07.06.2022, the State Government and the Commissioner of Food Safety, Thiruvananthapuram, respondents 1 and 2, were directed to file an affidavit with respect to the course of action to be **7** ## **W.P.(C)No.15360 of 2022** taken periodically and also monitoring of, or action to be taken against the violators of the Food Safety and Standards Act, 2006, the Regulations and the rules thereto; and the Government Orders issued from time to time. Accordingly, an affidavit dated 16.06.2022 is filed by the Principal Secretary to Government, Health and Family Welfare Department, Thiruvananthapuram incorporating the action plan for enforcement activities, is provided which we intend to record for convenience and brevity. 4. It is stated in the affidavit that in the wake of fatal incident of food poisoning which led to the alleged death of a minor, the Food Safety Department has intensified the enforcement activities and inspections are being conducted based on the complaint regarding the adulterated fish and jaggery. It is further submitted that to check the food borne and water borne diseases, awareness along with the enforcement activities are being carried out by the Department as per the special direction from the Government. That apart, it is stated that as per the direction **W.P.(C)No.15360 of 2022** **8** from the Minister of Health, Women and Child Development on the basis of large number of complaints regarding the reuse of cooking oil, special squads are being constituted throughout the State to spread the idea of Repurpose Used Cooking Oil (RUCO), a Food Safety Standard Authority of India initiative to check the reuse of cooking oil and to invoke the provisions of the Food Safety and Standards Act, 2006. That apart, it is submitted that as per the scheme of the Act 2006, food safety is ensured through enforcement activities, information, education and communication activities and through awareness to the public. Therefore, it is submitted that equal importance to all three activities is given by the Department of Food Safety. That apart, it is submitted that the Food Safety Authority under the Act 2006 is obligated with various responsibilities and the State Government and its officials are making all efforts to ensure that adulteration in food is eliminated so as to protect the interests of the larger public from being victims of adulterated food. That apart, it is pointed out that a State Level Advisory Committee and 14 **9** ## **W.P.(C)No.15360 of 2022** District Level Advisory Committees on Safe Food and Healthy Diets have been reconstituted and is functioning in the State of Kerala as per Government Order dated 20.05.2019 issued by the Home and Family Welfare Department, evident from Exhibit P1. 5. The sum and substance of the contention is that the State Level as well as the District Level Advisory Committees are directed to monitor occurrence of food borne diseases and device systematic response to such occurrence and other food safety related issues. Anyhow, it is submitted that Food Safety Department is working at its maximum potential to ensure safe and wholesome food to the public at large and are taking earnest efforts to prevent and abate such unfortunate events, as is reported from Kasaragod which had resulted in the initiation of suo motu writ petition. In view of the action plan incorporated in the affidavit, we intend to dispose of the writ petition. The action plan reads thus: **W.P.(C)No.15360 of 2022** **10** ## I. Action Plan for Enforcement Activities ## Target for Quarter 1 (April, May & June) |Target for<br>Inspection * Target<br>fxed by FSSAI is 15<br>per quarter|Target for Statutory<br>Samples|Target for Surveillance<br>Samples| |---|---|---| |2400|2520|6 Meat & Meat<br>Products, 6 Fish &<br>Shrimp, 6 Milk & Milk<br>Products, 6 Honey and<br>6 other food articles<br>per circle (140 circles *<br>30 = 4200)| ## Target for Quarter 2 (July, August & September) |Target for<br>Inspection * Target<br>fxed by FSSAI is 15<br>per quarter|Target for Statutory<br>Samples|Target for<br>Surveillance<br>Samples| |---|---|---| |2400|2520|6 Meat & Meat<br>Products, 4 Milk &<br>Milk Products, 6<br>Fish & Shrimp, 6<br>Honey and 8 other<br>food articles per<br>circle (140 circles *<br>30 = 4200)| ## Target achieved so far in the First Quarter are as follows: |No. of<br>inspec<br>tions<br>condu<br>cted<br>21151|Percentag<br>e of<br>achieveme<br>nt as per<br>target|No. of<br>Statutor<br>y<br>Samples|Percentag<br>e of<br>achieveme<br>nt as per<br>target|No. of<br>surveillan<br>ce<br>sample|Percenta<br>ge of<br>achievem<br>ent| |---|---|---|---|---|---| ||881%|1600|95%|6816|243%| **W.P.(C)No.15360 of 2022** **11** ## **II. Action Plan for IEC Activities** 5. Section 30 (c) of the Act of 2006 reads as thus; The Commissioner of Food Safety shall "conduct or organize training programmes for the personnel of the Office of the Commissioner of Food Safety and, on a wider scale, for different segments of food chain for generating awareness on food safety". To comply with this, various IEC activities are being conducted throughout the State, the details of which are as follows; ## **i. Model Food Safety Grama Panchayat** In connection with the effective implementation of 'Surakshitha Aahaaram Aarogyathinu Aadhaaram (Safe food for Healthy Life) scheme', the Department of Food Safety, came up with an action plan of ensuring 100% Food Safety compliance in all the Grama Panchayats of the State of Kerala, with the ultimate objective to transform each Grama Panchayat into entirely food safety and standards compliant Grama Panchayat, thereby ensuring safe and wholesome food to every consumer. Food Safety awareness classes were conducted for Food Business Operators, Schools, Students, Anganwadi Workers, Asha helpers, Kudumbasree workers, Farmers groups etc., on various topics about Food Safety. Public water distribution sources of the Panchayat were examined and IEC materials on food safety were distributed to all the stakeholders in the Panchayat and the department has ensured 100% License/Registration to all Food Business establishments in the selected Panchayat through License/ Registration Melas. In the last financial year, this program has been implemented in 36 Panchayats. **W.P.(C)No.15360 of 2022** **12** ## **ii. Safe and nutritious food at School** The Department of Food Safety has undertaken the mission of spreading knowledge and awareness to school students on "Surakshitha Aahaaram Aarogyathinu Aachaaram" or "Safe Food for Healthy Life" to promote healthy eating habits, thereby taking a proactive step towards the prevention of lifestyle diseases. Following activities in that regard have been undertaken; • Interactive Food Safety Awareness for the students at school •The students were selected from schools spread across 14 districts of the State Rapid Quick Detect or Tests- Demo At School • Screening of the short films based on Safe food practices • Awareness Classes for Noon Meal Workers, Supervisors and coordinators Design and development of Posters based on FSSAI - Yellow Book. • Safe and Nutritious Food at School (SNF @ School) programme has been implemented in 466 Schools, throughout the State, during the last financial year. ## **iii. FOSTAC** All food businesses having Central Licences or State Licenses should have at least one trained and certified food safety supervisor for every 25 food handlers or part thereof on all their premises. Any person who are in business or intend to become involved in food business, student or food professionals can be a certified Food Safety Supervisor. The food safety supervisors will be certified and trained under FoSTaC. There are 16 courses in three levels, viz., Basic, Advanced and Specialized. Last year 343 FoSTaC trainings were conducted in the State of Kerala. ## **iv. Licensing and Registration campaigns** It is respectfully submitted that 133 campaigns have been conducted in the State for Improving license/registration during last year. **W.P.(C)No.15360 of 2022** **13** ## **v. Hygiene rating** This is an online, transparent scoring and rating process which certify food businesses on the basis of their food safety compliance thereby enabling consumers to make informed choices. It aims to encourage food businesses to improve the hygiene and safety standards, hence allowing consumers to make informed choices pertaining to food outlets from where they eat or procure food. It is respectfully submitted that 209 food business establishments have been certified with hygiene rating based on 3[rd] party audits. ## **v i. Clean fresh fruit and vegetable markets** This Initiative will upgrade the condition of local unorganized organic/non-organic fruits and vegetable retail markets across the State by integrating local vendors with organized retailers Including e-commerce platforms. It will also build trust among consumers to have clean and safe fresh produce. Clean and Fresh Fruit & Vegetable Market aims to revolutionize fruit and vegetable markets by promoting the availability of safe and hygienic fruits and vegetables to consumers. To get the certification, a pre-audit of the market was carried out wherein the food business operators of INA Fruit and Vegetable Market were jointly inspected by the state regulatory authority and FSSAI empanelled auditing agency. Selected markets are currently being audited by FSSAI approved 3[rd] party agencies. ## **vii. Eat Right Campuses** The 'Eat Right Campus’ Initiative led by FSSAI aims to promote safe, healthy and sustainable food in campuses such as schools, universities, colleges, workplaces, hospitals, tea estates etc. across the State. The objective is to improve the health of people and the planet and to promote social and economic development of the nation. As of now, 8 certified campuses in the State have been certified as eat right. **W.P.(C)No.15360 of 2022** **14** ## **viii. Eat Right Schools** Eat Right School was launched by FSSAI which aims at creating awareness about food safety, nutrition and hygiene among school children and through them among the community at large. Selected schools are currently being audited by FSSAI approved 3rd party agencies. ## **ix. Food safety on wheels** It is respectfully submitted that 14042 tests were conducted via FSW's and 450 awareness programs and 10 trainings were conducted In the State of Kerala In the last financial year ## **x . Surveillance activities** It is respectfully submitted that 10447 surveillance samples have been collected and analyzed in the last financial year. ## **xi. Other awareness activities** It is respectfully submitted that 1712 awareness campaigns were conducted by the State, in the last financial year which includes media campaigns, translation of IEC materials, etc. ## **xi. Food Fortifcation** Food Fortification is a scientifically proven, cost-effective, scalable and sustainable global intervention that addresses the issue of micronutrient deficiencies. In October 2016, FSSAI operationalized the Food Safety and Standards (Fortification of Foods) Regulations of 2016 for fortifying staples namely, Wheat Flour and Rice (with Iron, Vitamin B12 and Folic Acid), Milk and Edible Oil (with Vitamins A and D) and Double Fortified Salt (with Iodine and Iron) to reduce the high burden of micronutrient malnutrition in India. The ‘+F' logo has been notified to identify fortified foods. It is respectfully submitted that 144 FSO's and DO's have been trained by FSSAI this year with regard to implementation of food fortification in the State. ## **xii. RUCO** **W.P.(C)No.15360 of 2022** **15** Edible vegetable oils are used in frying of foods. During frying, the quality of oil deteriorates. The practice of reheating cooking oil or using the same cooking oil for frying is common. Cooking oil is often repeatedly used by topping it up with fresh oil. Using the same oil repeatedly for frying leads to changes in the physic-chemical, nutritional and sensory properties of the oil. It also leads to the formation of Total Polar Compounds (TPC), which makes the oil, unfit for human consumption beyond certain limits. Biodiesel is defined as a bio fuel produced from non-edible vegetable oils, acid oil, used cooking oil (UCO) or animal fat and bio oil. Hence RUCO Initiative aims to redirect used cooking oil for making biodiesel through FSSAI approved aggregators who collect used oil via approved collectors. In the last quarter, 33700 liters of used oil was collected from the State. ## **xiii. Clean Food Hubs** As an Initiative towards implementation of Clean Street Food Hubs In the State of Kerala, the department of Food Safety has identified the following places which also have the potential to come up instantly. The site inspection of these places have been carried out and found suitable for implementation of the programme. The Identified places are Kozhikode, Kasargod, Nalu Mani Kattu (Evening Breeze), Kottayam and Munnar. The Initiative will raise hygienic standards and revolutionize street food vending, making it popular for both domestic and international tourists who otherwise stay away from street food due to concerns regarding lack of hygiene and sanitation. It also provides a good opportunity for showcasing the rich traditional cuisine of the State, while nudging the vendors and petty food business operators into food ecosystem that would provide a safe and hygienic local eating experience. The project Involves training and capacity building of Street Food Vendors and ensuring proper regulatory oversight as per the requirements of the Act of2006. ## **xiv. BHOG** **W.P.(C)No.15360 of 2022** **16** Blissful Hygienic Offering to God (BHOG) is an initiative put forth by the FSSAI to encourage Places of Worship (POW) to adopt and maintain Food Safety, hygiene as well as to convey food safety messages through such places to citizens. In Kerala, BHOG has been implemented successfully at the State level and it is one of the major flagship programmes of the Food Safety Department. A total of 1652 POW's (Places of Worships) have been registered under BHOG in the State of Kerala, so far and the process is ongoing Awareness classes to the food handlers in such places of worship also have been conducted as part of the BHOG initiative. This year certification process of the registered PoW's is being carried out via auditing by FSSAI approved 3rd party auditing agencies. 6. An action plan for the financial year 2022-23 has been formulated by Food Safety Department for the effective implementation of IEC activities throughout the Kerala as per the Order No.81/ 4313/2021/CFS dated 16.03.2022. Thereafter Circular dated 16.05.2022 has already been issued by the 2[nd] respondent to all district officials for implementing enforcement and IEC activities on the basis of food poisoning case reported from the Kasargod district. ## **III. MONITORING MECHANISM** 7. In the wake of the fatal incident of food poisoning at Kasargod district, following additional responsibilities were issued to the food safety officials with regard to the necessary action to be taken in such incidents incorporating the involvement of departments of Local Self Government, Health, Fisheries, Dairy, Food and Civil Supplies etc. as part of monitoring mechanism. ## **A. Responsibilities of Food Safety Commissioner** i. Overall governance of food safety incidents/emergencies in the state. ii. Ensure proper surveillance of food products and provide surveillance report. iii. Ensure appropriate and proper investigations during food safety emergencies and take appropriate action/measures to mitigate it. **W.P.(C)No.15360 of 2022** **17** iv. Facilitate coordination with other relevant agencies/ organization or authorities such as Local Self Government, Health, Fisheries, Dairy Department, Food and Civil Supplies etc., during emergencies If required. ## **B. Responsibilities of Designated Ofcer who is in charge of a district** i. Act as nodal officer in case of food safety emergency including food borne illness outbreak and coordinate with health authorities, if required. ii. Immediately intimate the Commissioner of Food Safety about food safety incidents as and when received. iii. Coordinating with departments of Local Self Government, Health, Fisheries, Dairy, Food and Civil Supplies etc. during food borne illness outbreak. Iv. Nominate Food Safety Officer to be the part of Quick Response Team during food safety incidents. v. Keep track of Investigations during food safety emergencies and take appropriate action/measures to mitigate it In consultation with Commissioner of Food Safety. vi. Submit interim report of the incident and final report on completion of the incident to Commissioner of Food Safety. **C. Responsibilities of FSOS who is in charge of such local area/ food safety circle for the purpose of performing functions under FSS Act and the rules and regulations made thereunder.** i. Act as a member of Quick Response Team (QRT). ii. Inspect and investigate facilities associated with suspected or confirmed food borneillness. iii. Trace forward and back products with suspected ingredients. iv. Take field actions to mitigate incident under consultation with DOS. v. Regular follow up of the situation during emergency. vi. Preparation of the report on the food safety emergency. vii. To follow guidelines, Investigating and responding to food borne illness outbreak in India as prescribed by FSSAI. **W.P.(C)No.15360 of 2022** **18** 6. Whatever that be, the State and the Commissioner of Food Safety shall bear in mind the purpose for which the Food Safety and Standards Act, 2006 was brought into force. In 1998 the Joint Parliamentary Committee on Pesticide Residues in its report in 2004 emphasised the need to converge all present food laws and to have a single regulatory body; the Standing Committee of Parliament on Agriculture in its 12[th] Report submitted in April, 2005 desired that the much needed legislation on Integrated Food Law should be expedited; accordingly, the Law Commission of India was asked to make a comprehensive review of Food Laws of various developing and developed countries and other relevant international agreements and instruments on the subject and it was recommended by the Law Commission that the new Food Law be seen in the overall perspective of promoting nascent food processing industry given its incomes, employment and export potential. It was further suggested that all acts and other orders relating to food be subsumed within the proposed Integrated Food Law as the **19** ## **W.P.(C)No.15360 of 2022** international trend is towards modernisation and convergence of regulations of Food Standards with the elimination of multi-level and multi-departmental control. It was after making extensive deliberations, the proposed Integrated Food Law was approved with certain modifications and the Food Safety and Standards Bill was introduced in the Parliament and later the Act was promulgated. Therefore, it is clear that the State and its officials are duty bound to implement the provisions of the Act 2006, its Regulations and the Rules in letter and spirit to eliminate the possibility of any contaminated food being served to the public by the food manufacturers and other stakeholders. In the aforesaid background, we dispose of the writ petition directing the State and the Commissioner of Food Safety to ensure that the food manufacturers and other stakeholders within the State are supplying safe food to the public, by conducting periodical and surprise inspections in a systematic manner and in terms of the action plan proposed in the affidavit filed before this court and extracted above. **20** ## **W.P.(C)No.15360 of 2022** Anyhow, there will be a direction to the respondents to file a report before this court as to the developments that have taken place consequent to the action plan proposed and the action initiated for conducting periodical inspection as is contemplated under the Food Safety and Standards Act, 2006, the Regulation and the Rules thereto and the circulars issued by the Government, within two months from the date of receipt of a copy of this judgment. Pending interlocutory applications, if any, shall stand closed. Sd/- **S.Manikumar Chief Justice** Sd/- **Shaji P.Chaly Judge** **vpv** **W.P.(C)No.15360 of 2022** **21** ## **`APPENDIX OF WP(C) 15360/2022`** ## `PETITIONER EXHIBITS` ``` Exhibit P1'MATHRUBHUMI' NEWSPAPER REPORT DATED 02.05.2022. Exhibit P2'THE HINDU' NEWSPAPER REPORT DATED 02.05.2022. ``` - `Exhibit P3 'THE NEW INDIAN EXPRESS' NEWSPAPER REPORT DATED 02.05.2022.` - `Exhibit P4 COPY OF FIR NO.0432/2022 DATED 01.05.2022 OF CHANDERA POLICE STATION, KASARGOD DISTRICT.` - `Exhibit P5 COPY OF ENQUIRY REPORT SUBMITTED BY INSPECTOR OF POLICE, CHANDERA POLICE STATION TO THE ADVOCATE GENERAL, KERALA.` - `Exhibit P6 COPY OF INSPECTION REPORT FURNISHED BY FOOD SAFETY OFFICER, THRIKKARIPUR CIRCLE, KASARAGOD DISTRICT TO ASSISTANT COMMISSIONER OF FOOD SAFETY, KASARAGOD DATED 02.05.2022.` - `Exhibit P7 COPY OF REPORT ON INVESTIGATION OF FOOD POISONING BY THE DISTRICT MEDICAL OFFICER OF HEALTH, KASARAGOD DATED 04.05.2022.` ## `RESPONDENT ANNEXURES` - `Annexure R2(a) A TRUE COPY OF THE REPORT RECEIVED FROM THE REGIONAL ANALYTICAL LABORATORY,KOZHIKODE DATED 07.05.2022.` - `Annexure R2(b) A TRUE COPY OF THE CONSOLIDATED LIST OF THE INFORMATION EDUCATION AND COMMUNICATION ACTIVITIES CARRIED OUT AT THE INSTANCE OF THE 2ND RESPONDENT IN THE FINANCIAL YEAR OF 2021-2022.` - `Annexure R2(c) A TRUE COPY OF THE CIRCULAR DATED 02.05.2022 ISSUED BY THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANATHAPURAM.` **22** ## **W.P.(C)No.15360 of 2022** ``` Exhibit R1 (a)A TRUE COPY OF CIRCULAR DATED 16-05-2022 ISSUED BY THE SECOND RESPONDENT. Exhibit R1 (b)A TRUE COPY OF GOVERNMENT ORDER G.O.(RT) NO. 1179/2019/HFWD DATED 20/05/2019. ``` //TRUE COPY// P.A. TO JUDGE