The Indian government in a written response to the Delhi High Court said that while it cannot and would not ban junk food in and around schools, it would however prescribe strict health standards for ingredients in such foods.
The government position came in a response to a Public Interest Litigation (PIL) filed by a Delhi-based non-governmental organisation, Uday Foundation, in 2010 where it asked for the sale of, that sought to ban junk food and aerated drinks in schools as well as within a 500-metre radius to be outlawed.
The court, in a preliminary hearing had recommended to the central government that it ban the sale of these foods in school, but did not make any recommendation on their sale within a 500m radius of schools.
In the response, the Ministry of Health informed the government that it will soon come out with standards for trans fatty acids in food items sold off the shelf and implement these standards after consultations.
The Delhi High Court has given the ministry six months in which the Food Safety and Standards Authority of India (FSSAI) would deliberate with nutrition experts and frame guidelines to make healthy food available to schools.
The Ministry said that the FSSAI has set up eight scientific panels to prescribe standards for food items, including those containing trans fatty acid residues, poisonous metals and microbiological parameters.
Food processors stand vindicated
Interestingly, the ministry said junk food was not defined under the Food Safety Act. It said items like candy, burgers and cold drinks are classified as “proprietary and novel” food, which are not unsafe per se but must conform to certain standards and safety parameters.
This vindicated the stand of the All India Food Processors Association (AIFPA), which in November had asked to be made party to the PIL, which it said was flawed as it failed to clarify the kind of foods to be banned in the vicinity of schools.
The AIFPA argued, via its counsel, that given there were no foods defined as junk foods under current laws, there was no basis for banning any products.
Instead, the AIFPA said the FSSAI is currently in the process of drafting guidelines regarding the quality and safety of food in school, which should be the leading light for this issue.
States will hold key to standards
The ministry however absolved the central government of the responsibility of enforcing the standards, stating that enforcement will be the remit of the respective state governments.
It said state authorities would have to collect and analyse food samples for adherence to these standards and report them to the FSSAI, which in turn would determine the fine for selling sub-standard food.
An official who formerly worked for the Uday Foundation on this issue told FoodNavigator-Asia that this created a loophole where food makers would be able to lobby with individual state governments for much easier enforcement.
“State governments are generally more relaxed when it comes to implementing something the centre has decided on. Especially if the state government is from the opposition party [at the centre],” he said.