Kochi: The state government has decided to go in for an appeal against the judgment of a single bench of the Kerala High Court annulling the order of the commissioner of food safety banning the sale of Nirapara brand of food products.
Sources familiar with the development said the Chief Minister’s office on Thursday directed the health department to overrule the recommendation of the law department not to go in an appeal.
The law department had sent its file to the health department, the administrative depar-tment of the commissionerate, with the recommendation that the move for an appeal may be dropped as “the High Court says that one chance has to be given to the said company. It is advisable not to question the observation of the court.”
Commissioner of food safety T.V. Anupama, who had issued the order on September 13 had earlier told Deccan Chronicle that she had recommended to the government to file an appeal against the single bench order.
Holding that there was difference between ‘substandard food’ and ‘unsafe food’, the single bench had on October 13 annulled the order saying the commissioner had no power to ban food materials which are substandard but can only ask the manufacturer to record the same on the label.
Legal circles pointed out that the judgment virtually took away the government’s authority under the Food Safety and Standards Act, 2006, in ensuring that only quality food materials are sold, which the law mandates. They also pointed out that the government cannot direct the manufacturers on what should be there on the labels.
Congress MLA V.T. Balram had written to the chief minister saying the advocate general may be instructed to take the necessary steps for filing an appeal in the case.
