In the wake of the non-vegetarian ingredients used in the food items, the Delhi HC has ordered the food manufacturers to enclose complete detail of the same on the label during the manufacturing process. Justice Jasmeet Singh and Justice Vipin Sanghi have directed the FBOs to disclose all the ingredients on the label. In addition, FBOs are also mandated to enclose detail regarding the origination source of all the used ingredients and their manufacturing method, regardless of their percentage in the food item.
According to the bench, the FBOs has to mention as to what is the plant or animal source- depending on the case, relating to all the ingredients regardless of their amount.
A Loophole in Regulation Giving Advantage to FBOs
The Delhi HC[1] stated that some FBOs are misusing the clause cited in the FSS, Act which renders relaxation to the manufacturers from declaration regarding the compound ingredients in any food items if it constitutes less than 5 per cent of the food.
The bench also emphasized the ingredient coded as E631, implying disodium inosinate. It is used as a food additive and is usually added to potato chips, instant noodles, and a variety of other snacks. It is originated from a source like fish or meat and act as a flavour enhancer. Some sources claim that pig fat also serves as a key source of disodium inosinate.
Provision related to the listing of compound ingredients on the label
As per the Food Safety and Standards (Packaging & Labeling) Regulations, 2011, Where an ingredient contains two or more ingredients, such ingredients shall be declared in the ingredient’s list and shall be accompanied by a list (in a separate bracket), of its ingredients in descending order of volume or weight, as the case may be: Provided that where such an ingredient, constitutes less than 5 per cent of the food item, the ingredient’s list of compound ingredient, other than food additive, need not be mentioned on the label.
Why HC is strictly against the Non-disclosure of detail about non-vegetarian ingredients?
The bench further added that it had been noticed that most FBOs are not disclosing this potential food additive in their packaging. And such a code of conduct could hamper the religious sentiment of the non-vegetarians in the country.
The Delhi HC has ordered the apex food regulator FSSAI to examine all such claims made by the food manufacturers. If the authority fails to comply with such an order, then the court would take relevant action. The defaulting officers shall be subjected to the claim of aggrieved parties.
The court also added that the failure of concerned authorities, including FSSAI, in verifying such lapses is nothing but a breach of regulations. It could mislead the masses and even create a chaotic situation among the religious strata of the populace who opt to remain vegetarian. The minuscule addition of such additives pushes the food items into the non-veg category. Sadly, such information remains hidden on most food items which in turn disrupt the religious sentiments of strict vegetarians
The HC further directs the FBOs that any non-conformity on their part w.r.t regulations would subject them to a class action for breach of fundamental rights of the masses and attract punitive damages, apart from prosecution”.
Conclusion
Court judgment to restrain FBOs from not disclosing non-vegetarian ingredients in the food items would come as a relief for non-vegetarians across the country. Also, this will compel the Food authority to tighten the provision of labeling even further and isolate customers from unreliable food items.
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