Allahabad HC Directs State Food Safety Commission to File his Affidavit in a PIL Seeking Disposal of ‘UCO’

allahabad high court law insider

Tanya Gupta

Published on: March 16, 2022 at 18:22 IST

In the Case of Udgamya Seva Samiti Society Registered Under the Provisions of The Societies Reg. Lko Thru. President Vs. The Food Safety and Standards Authority of India New Delhi And Anr., the Lucknow Bench of the Allahabad High Court directs the Commissioner, Food Safety & Drug Administration (State of Uttar Pradesh) to file his Affidavit in a Public Interest Litigation (PIL) Plea.

The Plea pleads that a Standard Operating Procedure to be formulated by a State Level Monitoring Procedure to collect the Used Cooking Oil (UCO) and Utilize it.

Used Cooking Oil, are Oils that have already been used before for Cooking or Frying Purposes.

The recooking of Oil changes its Chemical Composition which leads to the Formation of Cancer and thus, it is not Advisable to Consume it.

The Bench of Justices Ajai Kumar Srivastava-I and Devendra Kumar Upadhyaya, Observes the important Issue concerning Public Health are being Raised by the Plea.

The Plea was filed by the Udgamya Seva Samiti Society. Its Counsel Advocate Anagh Misra submitted that several Directions have been Issued by the Food Safety and Standards Authority of India (FSSAI) to ensure such Oil may never enter the Food Chain again and it is properly Disposed of.

The Plea further adds that the Food Security Commissioner has failed in Establishing a Proper Mechanism for Used cooking Oil Disposal despite being Duty-Bound Under Section 30 of the Food Safety and Standards Act,2006.

The Plea further submits,

“Uttar Pradesh is the most populous State of India, despite the said Fact no concrete phase-wise Strategy has been Implementation of the Repurpose Used Cooking Oil Environment. That let alone the Food Operators being Identified, not even a Committee has been Formulated for Developing a Standard Operating Procedure for Collection and Utilization of Used Cooking Oil, thereby Preventing its Inflow into the Food Chain.”

The Plea asserts that the wholesome Health of the Citizens has been put at stake and Respondent No. 2 (State Food Security Commissioner) cannot Justify its Delay in Implementation.

The Plea states that to promote the Disposal of Used Cooking Oil, Efforts ought to be taken through Biodiesel Manufacturers / Aggregators by Offering Incentives to the Operators of Food Business.

The Plea Prays that directions must be taken by the Respondent Authorities to set up a State Level Monitoring Committee to formulate a Standardized Operating Procedure.

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