The Delhi High Court confirmed today that it received a plea from the All India Food Processors Association (AIFPA) last week, asking to be heard out before passing any order in on a Public Interest Litigation (PIL) seeking the ban.
The PIL was filed by a Delhi-based non-governmental organization, Uday Foundation, a year ago where it asked for the sale of junk food and aerated drinks in schools as well as within a 500-metre radius to be outlawed.
Though the court has already recommended to the Central Government that it ban the sale of these foods in school, it is yet to pass any order on their sale within the 500m radius of schools.
Food clarification needed
In its plea, the AIFPA said the PIL was flawed as the petitioner had failed to clarify the kind of foods that be banned in the vicinity of school.
The AIFPA argued, via its counsel, that given that there were no foods defined as junk foods under the Prevention of Food Adulteration act, there was no basis for banning any products.
Instead, the AIFPA said, the petition should consider that the Food Safety and Standard Authority of India (FSSAI) is currently under the process of drafting guidelines regarding the quality and safety of food in school.
Legislation
The FSSAI assumed control of all food safety issues in the country on August 5, when the Food Safety Act of 2006 came in to force, replacing the Prevention of Food Adulteration act of 1954.
As such, it said, the court should wait for the FSSAI process, which involves the body talking to scientific panels as well as other agencies, and not interfere at this stage by passing an order.
Officials from the AIFPA declined to comment on the issue to FoodNavigator-Asia, as the matter is subjudice, while FSSAI officials were unavailable for comment due to a public holiday.
The AIFPA is a body of food processors in India dealing with fruits, meat, fish, mild, milk products, biscuits, and confectionary product manufacture.