Case Law Details
Ram Gaua Raksha Dal Vs UOI (Delhi High Court)
Since the right of every person under Article 21 and Article 25 is impacted by what is offered on a platter, in our view it is fundamental that a full and complete disclosure regarding the food article being vegetarian or non vegetarian is made a part of consumer awareness,
Food Safety and Standards Act, 2006 very clearly intends and expressly provides for declaration on all food items being made – as to whether they are vegetarian or non-vegetarian, as defined in the Act. This obligation cast on the Food Business Operators is independent of their obligation to make disclosure of ingredients in accordance with Regulation 2.2.2, regarding labelling. It appears, some Food Business Operators are taking advantage of – upon misreading of the Regulations, the fact that the Act does not specifically oblige the Food Business Operators to disclose the source from which the ingredients – which go into manufacture/ production of food articles, are sourced, except in respect of the specific express exceptions. In respect of compound ingredients, which constitute less than 5% of the food, there is exemption from making the declaration, as noticed hereinabove.
Our attention has been drawn to one such ingredient which is coded in the trade as E631 which denotes Disodium Inosinate, i.e. disodium salt of inosinic acid with the chemical formula C10H11N4Na2O8P. This is used as a food additive and often found in instant noodles, potato chips, and a variety of other snacks. It is commercially prepared from meat or fish. A little search on Google search engine shows that it is often sourced from pig fat. Even though it is a food additive, yet, the Food Business Operators often do not disclose in their packaging – in terms of the Regulations taken note of hereinabove, that the food article wherein the said ingredient is used, is a non-vegetarian product. Even though several such like ingredients are used, merely the codes of the ingredients are disclosed, without actually disclosing on the packaging as to what is the source, i.e. whether it is plant based, or animal based, or it is a chemically manufactured in a laboratory. Many food articles which have ingredients sourced from animals, are passed off as vegetarian by affixing the green dot.
In our view, the failure of the respondent authorities in checking such lapses is leading to not only non-compliance of the Act and the Regulations – taken note of hereinabove, but also leading to deceit by such Food Business Operators of the public at large, particularly those who wish to profess strict vegetarianism. It matters not – as to what is the percentage of such like ingredients (which are sourced from animals), which are used in the manufacture of food article. Even though their usage may constitute a miniscule percentage, the use of non-vegetarian ingredients would render such food articles non-vegetarian, and would offend the religious and cultural sensibilities/ sentiments of strict vegetarians, and would interfere in their right to freely profess, practice and propagate their religion and belief. Every person has a right to know as to what he/ she is consuming, and nothing can be offered to the person on a platter by resort to deceit, or camouflage.
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