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.
Source: Barandbench
