Kerala High Court orders strict enforcement of Food Safety Act at shawarma eateries

The Kerala High Court on Tuesday ordered the food safety authorities to strictly enforce Food Safety and Standards Act, 2006 (the Act) at eateries selling shawarma (meat-based wraps) to ensure that there are no more deaths caused due to the consumption of spoilt shawarmas [Prasanna EV v State of Kerala & Ors]..Justice Devan Ramachandran issued the direction while dealing with a petition filed by a woman who sought compensation for the death of her 16-year-old daughter who tragically died in 2022 after consuming a shawarma from an eatery in Kasaragod..The contaminated shawarma had caused food poisoning, leading to the death of the petitioner's daughter and the hospitalisation of 57 others.The petitioner had sought ₹1 crore in compensation for her loss and demanded strict enforcement of the Food Safety and Standards Act, 2006, to prevent similar tragedies.Following the incident, the Kerala High Court also initiated a suo motu Public Interest Litigation (PIL) to address the broader issue of food safety in the State..In its order on Tuesday, the Court reiterated the need for compliance with its earlier interim order dated November 14, 2023, which required eateries and vendors selling shawarma to display the exact date and time of preparation on the packaging of their food items.The Court also called for periodic inspections of eateries and directed authorities to cancel the licenses of any establishments found violating food safety norms.“The respondents are also hereby ordered to ensure that the provisions of the Food Safety and Standards Act, 2006, are strictly implemented and adhered to, that all necessary and periodical supervisions on the food businesses are ensured, and to further make sure that any violator is subjected to the fullest warrant of law under law. I further order that if through any inspection or information is received, or it is established that any vendor/hotel/restaurant is selling shawarma in violation of orders of this Court, immediate and strict action will be taken to cancel his license and to subject such persons or entities to processes of law without any avoidable delay," the Court added.It stressed on the need for swift and strict enforcement of the Food Safety Act to protect public health and safety. It also warned that any violations of the Court’s directives would lead to immediate legal action by the authorities..The petitioner had also pointed out that no compensation had been provided to her, despite a statutory obligation under Section 65 of the Food Safety Act.In response, the Additional Director General of Prosecution submitted that the trial in the case was still pending before a sessions court. However, the Court observed that, the delay in providing compensation to the petitioner was unjustifiable since Section 65 mandates the payment of compensation within six months after the death or injury of a consumer. The Court also noted that in cases where a consumer dies, interim relief is to be provided within 30 days under this provision. The Court declined to grant compensation directly due to insufficient evidence to link the incident solely to regulatory enforcement lapses. However, it directed the Additional Sessions Court, Kasaragod to process the compensation claim within two months.The Court also commended the petitioner for pursuing the case as a matter of public interest."I close this judgment by commending the petitioner for having taken the trouble for espousing the cause which is so important to the public at large and salute her for having done so, leading to saving several lives as a consequence thereof," the Court said..The Court further directed the State government to pay ₹25,000 as litigation costs to the petitioner..The petitioner was represented by advocates Aravind S, Premanand E, MV Amaresan and Karthik V. Senior Counsel Grashious Kuriakose and the Additional Director General of Prosecution appeared for the State.