The Madras High Court has granted an interim injunction restraining the Commissioner of Food Safety of Tamil Nadu from enforcing the provisions of the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations 2011 against the members of the Tamil Nadu Hotels Association and a hotelier of T. Nagar here.

Vacation Judge, Justice K.Venkataraman, passed the interim order on a petition by the association, represented by its president, M. Venkatadasubbu and P.G.R. Ganeshan, the hotelier.

Mr. Justice Venkataraman ordered notice of admission of the petition returnable in three weeks. He said since an interim injunction and stay had been granted by the High Court's Madurai Bench on similar petitions, he was passing the interim order.

In the petition, filed through counsel G. Sankaran, the petitioners challenged the validity of certain regulations framed under the Food Safety and Standards Act. The Centre had enacted the Act to consolidate food laws and establish the Food Safety and Standards Authority of India for laying down scientific standards for food articles and regulating their manufacture, storage, distribution, sale and import.

Under the law, the Food Safety and Standards (Licensing and Registration of Food Businesses) (Packaging and Labelling), (Food Products Standards and Food Additives) (Prohibition and Restrictions on Sales) and (Contaminants, Toxins and Residues) Regulations had been framed. The Act, rules and regulations came into effect from August 5, 2011.

The petitioners said the association members were running non-star restaurants, eateries, mess, sweet stalls, bakeries and coffee stalls. The regulations were “really draconian” in nature as the conditions laid down were virtually impossible to be implemented. They would result in “devastation of local food industries which were in the nature of small-scale or cottage industry and the entire food business would be conquered by multi-national companies and multi-national industries”.

The Act provided for a clear and categorical distinction between petty food manufacturer and other food manufacturers. However, on the contrary, the regulations in their entirety obliterated the difference by resorting to “inappropriate definition” of the term “petty food manufacturer”. Hence, the entire regulations were ultra vires the Act.

The association said that most of the stand alone restaurants and eateries were being run as self-employment enterprises. Their owners were educated and possessed experience and expertise to maintain hygiene and take care of the production process as they were in business for generations. Further, the chefs and cooks employed had enough experience in food preparation. Therefore, there may not be any mandatory requirement for engagement of a technical person to supervise the food processes in hotels. A physical, microbiological and chemical laboratory had been made mandatory for testing the food material within the business premises.

The court also granted interim stay of the operation of certain regulations in the Food Safety and Standards (Licensing and Registration of food businesses) and regulations of Packaging and Labelling and Food Products Standards and Food Additives regulations.