Faced with growing number of litigations and proceedings related to the haphazard implementation of the FSS Act, 2006, across the country, the FSSAI (Food Safety and Standards Authority of India) is hiring advocates or law firms to defend itself. In this regard, the Authority has called for Expression of Interest (EoI) for selection of advocates.
An FSSAI official explained to F&B News in a chat over telephone, “There were different cases relating to various issues of foods and also with regard to implementation of the new law, which had created a lot of confusion.”
He said that it was mandatory to clear all the cases pertaining to different issues on food in various courts across the country for the new law to be implemented successfully.
“We would select able advocates and the numbers would differ depending upon the number of cases to be fought in the court,” he said.
And this number is substantial especially in the south. For instance, V S S Velshankar, honorary secretary, Tamil Nadu Foodgrains Merchants ' Association, said, “There are already seven injunctions pending in the Chennai court.”
Velshankar said that the issue regarding the implementation of the new Act has already created a lot of uproar in the state. He then highlighted some of the issues which were already in the limelight such as water and chillies.
He explained that water, which was to be used for different purposes and consumed was considered to be “potable water” under the earlier Act, while the current one stated that the one consumed or drinking had to be potable and not for other purposes.
Another significant issue was the specifications laid down for chillies and turmeric powder. He said that these specifications were based on the 1954 Act, which had roots in British rules, which needed to be reframed.
He stressed that chillies which were grown in different parts of the country had different odour, colour and taste and that each had its own requirement to grow.
Meanwhile, B C Bhartia, president, Confederation of All India Traders (CAIT) said that the apex regulatory body was aware of the fact the new Act would definitely give rise to multiple complications and litigations.
“Therefore the law must be simplified, which is one of the opinions of the industry where the FSSAI should focus to make it consumer-friendly,” Bhartia said.
He mentioned that there were issues with regard to implementation of the law, the registration and licensing, procedure for registration and also the method of collecting samples. All these are among many such cases wherein the Authority needs to defend itself.
Meanwhile, the EoI stated that FSSAI being a statutory body possessed the power to select and elect party respondents to defend their stand before the Supreme Court, various High Courts and Central Administrative Tribunals or any other court of law.
The advocates may also be required to submit their legal opinion on the issue and such other miscellaneous work related to court matters, therefore, FSSAI invites proposals from experienced advocates or law firms to submit their bid for each of their work to be carried out like defending matters on behalf of the apex regulatory body before various courts.
Further, the agency would be required to carry out activities like preparation of drafts, replies, para-wise comments, affidavits to the writ petitions or similar legal or quasi legal petitions filed before courts of law.
The agency would be advised to take up preparation of draft appeal as well as legal vetting to be filed before the court of law against any order or judgement, injunctions of lower court or tribunal or high court and after finalising, file the same before the appropriate court(s).
Also, the agency should pose legal opinion on specific legal matters referred to by FSSAI and its officials on matter involving a point of law including any subordinate legislation.
Lastly, it should also defend FSSAI as when required before various courts of law and that the selected advocates should pose as a prosecutor before an arbitrator as well as draft arbitration proceedings in which FSSAI is a party.
The advocates are needed to handle related matter in the labour courts, industrial tribunals and other similar tribunals and examine legal viewpoint in consultation with scientific experts, labs, and research.
