HC stays provision banning addition of synthetic colours to sweets

HC stays provision banning addition of synthetic colours to sweets

ORDERING notice to the respondents - Union Health and Family Welfare Secretary and State Government to show cause in 3 weeks, in reply to the writ petilion filed by Ahhinav Food Products Limited's Director. Sushil Kumar Agrawal against Clause 6(ii) of the Regulation 3.1.2 framed under the Food and Safety Standards Act, 2006. to die extent it excludes certain sweets and not all sweets from addition of synthetic colours . This provision is identical to the amended Rule 29 of the now repealed Prevention of Food Adulteration Act. 1954 and the same provision was also stayed by the Court on September 20. 1999.in respoasc to the same company's petition filed in 1997 and disposed of today.

The impugned Regulation was brought into force with effect from August 1, 2011. The petitioner has attacked the prohibition on adding colours to certain sweets and not all sweets as unconstitutional  on (he ground of it discriminating between sweets for adding colours, this prohibition has no nexus with the objective it seeks to achieve and it also violates the petitioner's Fundamental Rights under Articles 14 and 19(l)(g)oftheConstitution. Senior counsel S P Dharmadhikari appeared with Advocate C.S Dharmadhikari appeared for die petitioner. Asst. SGI Rohit Deo (Central Govt.) and AGP Sangeeta Jachak (State) represented the respondents.

Posted in: News 2014