Health Inspectors and Food Safety Officers: Stop tug of war between the departments; Joint action is the need of the hour.

Health Inspectors and Food Safety Officers:

Stop tug of war between the departments;

Joint action is the need of the hour.

Adv Sherry J Thomas @ 9447200500

www.sherryscolumn.com

1.                      It has been under discussions for a long while that subsequent to the introduction of the food safety and standard Act 2006, Chapter XII of Travancore – Cochin public Health Act is repealed and therefore the Health inspectors working under the Health Department in Kerala have no authority to conduct Inspection at all in any of the hotel premises or any other places where the food items are stored and the same is under the purview of food safety officers alone. Even when the Health Inspectors in Kerala acted as per the direction given by the Director of Health Department as part of “Safe Kerala Program”, these challenges were faced by them.

2.                      Altogether there are 4699 Health Inspectors in Kerala having the Authority under the provisions of Travancore-Cochin public Health 1955 and The Madras-Public Health 1939.  Whereas there are only 112 food Inspectors in the food safety Department (as per the unofficial report).  The provision of repeal regarding some of the sections of Travancore-Cochin public Health 1955 and The Madras-Public Health 1939 are interpreted in a such a way, seeking a total   ban over the official activities of the Health inspectors in Kerala regarding food items. 

3.                      Admittedly the Sec. 97 of Food Safety Act 2006 vide its 2^nd schedule repeals certain legislations which are directly covered by the newly introduced Food Safety Section Act.  The 2^nd schedule of Food Safety Section Act contains the repeal of eight acts.  The Section 97(2) of The Food Safety and Standards Act 2006 read so:

If there is any other law for the time being in force in any State corresponding to this Act, the same shall upon the commencement of this Act, stand repealed and in such case the provisions of section 6 of the General Clauses Act, 1897 (10 to 1897) shall apply as if such provisions of the State law had been repealed.

By extracting the said provision, the Food Safety Authorities issued a  Circular. It read so:

….So the following state laws were stand repealed basic on the above provisions under FSS Act. 

Chapter XII Food control (section 144 to 121) under Travancore Cochin Public Health Act 1955. 

Chapter XII Food control (Section 108 to 115) Madras Public Health Act 1939.  The Kerala Edibile oils, Vegetable oils, Vanspathi and baby food dealers license order 1975. 

The Kerala Pulses dealers license order 1972. 

The Health Officers appointed under Travancore Cochin Public Health Act and Madras Public Health Act and Health inspectors working under them have no authority for food inspections in hotels or any food business establishment from 5^th August 2011 based on the above mentioned provisions under FSS Act. The authority is now fully vested with the Commissioner of Food Safety and officers under him, appointed under Food Safety &Standards  Act 2006.

4.                      It is a question whether the Food Safety Authorities are having power to issue such a circular. As per the provisions, only Chapter XII (food control) of the Travancore-Cochin Public Health Act, 1955, and Madras 1939 is seen repealed. It has been noted that, certain notices issued by the Health Inspectors, even though it will not come under the Chapter XII of Travancore-Cochin Public Health Act, were put to challenge without any reasons.  Obviously, the Health Inspector has the power to issue notice under the provisions of Sec. 63 of the Travancore-Cochin Public Health Act, 1955.  Which is a provision under chapter VII of the Act.  The chapter 7 of the Act deals with prevention, notification and treatment of diseases. Sec. 50 to 87 will come under this heading.  The Section 63 read so:

Section 63- The Travancore –Cochin Public Health Act 1955.

63.Power of entry of local officers to take preventive measures- (1)The Health Officer or an officer not below the rank of a Sanitary Inspector authorized by him in this behalf may-

(a) at all reasonable hours, inspect with or without assistance any place in which any notified disease is reported or suspected to exist, without notice in the case of factories, workshops, workplaces, offices, business places and the like and after giving such notice as may appear to him reasonable in other cases including dwelling houses and

(b) take such measures as he may consider necessary to prevent the spread of such disease beyond such place.

5.                      The Health inspectors in Kerala are directed by the director of Health Department vide proceedings, dated 16.07.2014 to implement ‘Safe Kerala’ program as part of control the contagious diseases.  There is specific instructions by the Director of Health Department to all Health Inspectors to conduct inspection on Hotel, Tea Shops Catering Centers, Cool bars, Bakeries etc.in  state wide manner.      

6.                      The Travancore-Cochin Public Health Act, 1955 and Madras-Public -1939 are enacted with an intention to protect public health in the state of Kerala.  The officers appointed under this Act are having authority to abate nuisances, prevention of infectious diseases, Mosquito controls, sanitation and building, lodging, food control, fairsand  festivals under the provisions of various chapters.  Only Chapter XII- food control is claimed to be repeal by the circular of Food Safety Authorities. It is the Health Inspectors who have to conduct the Site Inspections for renewal of D&O license,  and the Local Self Government of Kerala has issued a specific Circular pointing out about the authority of Health Inspectors.

7.                      The Right of Health Inspectors to inspect the premises are given under various provisions of Travancore-Cochin Public Health 1955. It specifically gives powers to Health Inspectors to abate nuisance and prevent infectious diseases.  The existence of different statutes aiming to protect the public in the aspect of the Public Health is not barred by law. Like the Police Department and the Motor Vehicles Department act jointly and severally to implement the law in connection with use of vehicles, the Health Department and Food Safety Department may jointly and severally work for the protection of public health. Any circular issued by the food safety authorities ought not takes away the power enshrined by the legislation to the officers under the Health Department in Kerala.

8.             The projected ‘Kerala Health Model’ is well appreciated by the world Nations. The efforts being taken by the Health Inspectors in Kerala under guidance of Health Department to prevent contagious diseases are mainly divided in to five categories. Early detection and Treatment (Surveillance), Control Measures based on the mode of transmission, IEC- Information, Education and Communication; Vaccination etc; Regulatory approach are the modus operandi of the Health Department which is executed through the Health Inspectors. All these positive activism are on the basis of the legislative power given under the Travancore-Cochin Public Health Act 1955 and Madras Public Health Act 1939 (in force in old Malabar area).

          However, the overlapping powers regarding the implementation of provision of The Food Safety and Standards Act 2006 and Travancore-Cochin Public Health Act 1955 and Madras Public Health Act 1939 may not curtail the existing powers of the Health Inspectors to the extent of non repealed provisions. In fact, they ought to have work together with a common intention to preserve the public health.