MUMBAI: Bombay high court has dismissed a Pune-based canteen operator’s petition challenging an FDA order directing the implementation of two regulations that prohibit the sale of HFSS (high fat, sugar and salt) foods within school premises and within 50 metres of a school gate.Justices Riyaz Chagla and Firdosh Pooniwalla held that the “petition is misconceived apart from being premature, particularly, when no such action has been taken by the food safety commissioner”.Ashish Bhide’s petition said the Food Safety and Standards (Safe Food and Balanced Diets for Children in School) Regulations, 2020, came into force in July 2021, but two of its regulations had not been enforced. On July 28, the food safety commissioner, through an administrative order, directed their implementation.On Aug 4, the headmistress of NMV Girls High School and Junior College directed Bhide not to sell HFSS foods. He moved HC. State advocate Priyabhushan Kakade said the FDA order was issued for the betterment of students and had also been welcomed by parents. After perusing the headmistress’ communication, the judges said it was not an order but a letter requesting Bhide to consider the health of students and refrain from selling such products in his canteen.The letter suggested offering nutritious options such as fruits, fresh vegetables, milk, buttermilk, lassi, sprouts, peanuts and roasted gram, in conformity with the FDA order.The judges also noted that Bhide had described the FDA’s directive as an administrative order. Since it was not directed specifically against him, he “cannot possibly be aggrieved by its issuance,” they said. If any action is contemplated against him, he “always has a right to approach” the HC.
