HP High Court

Shimla: The Himachal Pradesh High Court here today vacated the stay on the state government’s notification banning 25 junk food items in plastic packaging and directed it to implement the ban in the state from January 26, 2014.

A division bench comprised of Justice Rajiv Sharma and Justice V.K. Sharma directed the government to strictly enforce the ban on these non-essential packaged food items. However, Court excludes drinking water, both packed and mineral from ban.

The court directed the government to ensure that the edible oils/fats shall not be sold in the plastic bottles or pouches and shall be packed in tin containers. The bench also directed the government to ensure that from March 31 no foodstuff, including primary and essential food, is manufactured, transported, sold, packaged and distributed without conforming to the Food Safety and Standards Act of 2006 and Food Safety and Standards (Packaging and Labelling) Regulation of 2011.

The court also directed the state to appoint a food commissioner, if not already appointed, within four weeks. It directed the government to ensure that no person is permitted to commence or carry on any food business without obtaining a license.

The bench directed all the district magistrates and the superintendents of police to enforce the notification and will be personally liable and accountable for non-enforcement of the notification.