CM for reconsidering impractical provisions of Food Safety and Standards Act

Bhopal: The Chief Minister Shir Shjvraj Singh Chouhan has requested the Prime Minister Dr. Manmohan Singh to urgently convene a meeting of all Chief Ministers to ascertain their views regarding implementation of provisions of Food Safety and Standards Act, 2006. He sought Prime Minister’s indulgence in keeping the implementation of the provisions of the Act under abeyance till the issues are fully resolved.

Shri Chouhan said that provisions of the Act need reconsideration as they are impractical and cannot be implemented. Shri Chouhan said that small business operators have been adversely hit on account of the stringent provisions of the Act. Unable to cope with the high benchmarks prescribed, which in some cases are impractical, most will be forced to close their businesses.

Shri Chouhan brought to the notice of the Prime Minister extreme hardships being faced by very small food business operators (FBOs) in Madhya Pradesh. He said that entire country is facing similar problems on account of promulgation of the provisions of the Food Safety and Standards Act, 2006.

The Chief Minister said that Government of India vide its notification dated 5th February 2013, has stipulated a deadline of 4th February 2014 for registration and issue of licenses to all FBOs. He pointed out in the letter that in Madhya Pradesh the FBOs are estimated to be approximately 7 lakh. He drew Prime Minister’s attention to the previous letter dated 30th March 2012, requesting him to reconsider the provisions, as they relate to larger FBOs and to very poor and petty FBOs like street hawkers and road side vendors.

The Chief Minister said that the State Government is deeply concerned and conscious of the need to provide safe food to the people. However, in doing so, it would not be appropriate to treat all categories of FBOs by the same yardsticks of registration. For example, there is no minimum limit prescribed for turnover in the Act. This results in the same standards to be applied to poor, petty and at times illiterate FBOs belonging to Schedule Castes and Schedule Tribes transacting their businesses in remote rural hamlets. This does not appear to be fair or practical, nor it is even necessary. The Act in its present form is not designed to achieve the noble objective that it purports to.

Shri Chouhan in the letter said that the penal provisions of the Act border on the draconian, stipulating both imprisonment up to 6 months and fine of up to Rs. 5 lakh for carrying out business without license and a fine of up to Rs. 2 lakh for carrying on business without registration. The latter, as it concerns petty FBOs, seems to be extremely harsh and will bring such business to a grinding halt on account of apprehension of punishment. He said that this will also lead to reintroduction of the inspector Raj and incumbent corrupt practices which we are striving to remove at all costs.

The Chief Minister said that another impractical provision is that the Act treats unprocessed commodities such as food grains, on the same footing as processed, packaged or cooked and ready to consume items. This has resulted in traders refusing to purchase food grains from farmers. The Kharif arrivals in the state are peaking and farmers are bringing their produce to various designated Krishi Upaj Mandis spread all over the State. Apprehensive of the harsh provisions of the act, traders have stopped purchase leading to closure of all transactions in Krishi Upaj Mandis and a complete halt of food grain purchase operations in the state. This has led to law and order problem at many places, and also serious resentment and unrest in both, the farmers and FBOs.

Shri Chouhan said that he is aware of the observations of the Hon’ble Supreme Court on the issue of food safety and standards. However, it is necessary that the Central Government place the facts in the correct perspective before the Hon’ble Court. If this is done the Court would take a reasonable view in the matter. He said that keeping in view the approaching deadline of 4th February, 2014 for issue of licenses and registration of FBOs, the impractical and unimplementable nature of the provisions, and the great turmoil that it has caused, the provisions of the Act need reconsideration and extensive discussion, The fallout of this in each state of the country also needs to be examined in detail to look for reasonable solutions, he added.

Writes to All Chief Ministers: The Chief Minister Shri Chauhan has also written letters to all the Chief Ministers apprising them of the stringent and impractical provisions of the Act. He urged the Chief Ministers to bring to the notice of the Prime Minister the impractical and uniplementable nature of provisions of the Act.