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Rajasthan High Court Bars GM Food Sales Until Regulations Are Framed

Rajasthan High Court Bars GM Food Sales Until Regulations Are Framed

Key Development

A division bench of the Rajasthan High Court has barred FSSAI and the Genetic Engineering Appraisal Committee (GEAC) from approving the sale, manufacture, distribution, or import of genetically modified (GM) food items in India until they frame comprehensive regulations. The court asked the authorities to complete the regulations within six months under Section 22 of the Food Safety and Standards Act (FSSA), 2006.

Petition Highlights Regulatory Gaps

The order followed a PIL filed by Kritesh Oswal, Abhay Singla, and Deepesh Oswal, which highlighted the lack of regulatory oversight for GM foods, posing potential risks to public health. The petitioners pointed out that despite restrictions under Section 22, edible oils containing genetically modified components continue to enter the Indian market without proper certification or testing, leaving the presence of GM organisms or cells in imports uncertain.

In a joint counter-affidavit, the Centre, the Department of Consumer Affairs, and GEAC admitted that FSSAI has not yet established any regulations, standards, or guidelines for GM foods under Section 22.

Court Directs Strict Enforcement

The bench directed FSSAI and the Centre to ensure that no imported food or edible item is allowed unless certified and labelled ‘GM-free’ by the exporting country. It also instructed customs and port authorities to enforce these measures diligently. The court emphasized that legislative bodies have repeatedly raised concerns about GM food imports, stressing that such products must undergo thorough legal evaluation before reaching Indian consumers. The bench expressed serious concern over the potential health risks posed by the import and distribution of GM foods in the absence of rigorous certification and testing protocols.

Public Health at the Core

The Jaipur bench highlighted the urgent need for regulations due to their direct impact on public health, reinforcing that authorities must frame and notify the necessary rules under Section 22 of the FSSA within six months to prevent potential risks from GM food products.

Source: Rediff

The Times of India 

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