UP Government’s Ordinances on Food Safety and Contamination

• 16 Oct 2024

Why in News?

The Uttar Pradesh government recently proposed two ordinances to address growing concerns over food contamination and anti-social activities in the food industry, spurred by a series of incidents involving contamination by human waste.

Key Points

• New Food Ordinances:
  • Prevention of Pseudo and Anti-Harmony Activities and Prohibition of Spitting Ordinance 2024.
  • Uttar Pradesh Prevention of Contamination in Food (Consumer Right to Know) Ordinance 2024.
  • These ordinances are designed to make food contamination by spitting or mixing human waste a cognizable and non-bailable offense.
• Ordinance to Address “Anti-Social Elements” and "Illegal Citizens":
  • The ordinances will include provisions to take strict action against food establishment employees confirmed to be “illegal foreign citizens.”
  • This move is aimed at weeding out individuals who hide their identities to engage in food contamination or other anti-social activities.
• Mandatory Name and Identity Display at Food Establishments:
  • To promote transparency, the government has made it mandatory for all food establishments to prominently display the names of owners and managers.
  • Additionally, all workers in food establishments must wear identity cards while on duty.
  • This measure is aimed at ensuring accountability and preventing individuals from hiding their identity.
• Compulsory Installation of CCTV Cameras:
  • All eateries and food establishments will be required to install CCTV cameras in their kitchens and dining areas.
  • The footage must be kept for at least a month and be available to district authorities if required.
  • This will help monitor food preparation and service to prevent contamination.
• Right to Information for Consumers:
  • Every consumer will have the right to essential information about the food they consume and the establishments where it is prepared.
  • The ordinances ensure that sellers display clear signboards and avoid using false names or pseudonyms, holding them accountable for any violation.
• Legal and Constitutional Process for an Ordinance:
  • Ordinance as a Legislative Tool:
    • An ordinance is a temporary law enacted by the executive (Governor, at the state level) when the legislature is not in session.
    • It is issued under Article 213 of the Indian Constitution for states, which empowers the Governor to promulgate ordinances in urgent situations.
  • Approval and Continuation:
    • Once an ordinance is issued, it must be presented to the state legislature when it reconvenes.
    • The ordinance will cease to exist if it is not approved by both houses of the state legislature within six weeks from the start of the next session.
  • Constitutional Safeguards:
    • The ordinance must adhere to the principles of reasonableness and public interest under Articles 14 (Right to Equality) and 21 (Right to Life and Personal Liberty).
    • Judicial review is available if the ordinance is seen to violate fundamental rights or exceed the executive's constitutional mandate.