GM Food Regulations: HC Directs FSSAI to Act

Jodhpur, Oct 14 (PTI) The Rajasthan High Court has restrained food regulator FSSAI and the Genetic Engineering Appraisal Committee (GEAC) from granting permission for sale, manufacturing, distribution or import of any genetically modified (GM) food stuff or edible items in India before framing necessary regulations.

Terming the requirement of regulations a pressing need with regard to the direct and vital bearing of the issue on public health, the high court's Jaipur bench, in its order on Monday, directed the FSSAI and the Centre to frame and notify the regulations under Section 22 of the Food Safety and Standards Act 2006 regarding GM food articles within six months, while following the procedure provided in the Act.

A bench of Acting Chief Justice Sanjeev Prakash Sharma and Justice Sanjeet Purohit gave these directions while allowing a PIL which raised concern regarding the alleged sale, manufacturing, distribution or import of GM articles in India in violation of Section 22 of the Act.

In a joint counter affidavit filed by the Centre, the Department of Consumer Affairs and GEAC, it was admitted that no regulations, standards or guidelines regulating GM food have been framed by the FSSAI under Section 22 of the Act.

In its observation, the court noted that it was astonishing that while the issue of GM organisms in edible products is a matter of significant concern, yet the relevant regulations have not been finalised and notified by the Centre.


"Although the FSSAI has been established, yet the GEAC has been allowed to approve the import of GM edible oil in India due to the absence of regulations under Section 22 of the Act," the court said.


Clearance of the Genetic Engineering Appraisal Committee (GEAC), a statutory committee, is mandatory for the environmental release of Genetically Modified crops.

The petitioners prayed for immediate prohibition on GM food/processed food, "ceasing of the stock already available in the Indian market, prohibiting further sale and withdrawal of all the permissions granted by GEAC to import, sale, distribute and manufacture GM food".

During the arguments, the petitioners flagged the absence of a proper regulatory mechanism regarding GM or GE food in India and admission by the Ministry of Health and Family Welfare confirming the absence of any standards for GM food.

Submitting a study by the Centre for Science and Environment, the petitioner flagged the "presence of GM ingredients" in India.

The court directed the Centre and the FSSAI to ensure that no import of any GM food stuff or edible or packaged food items takes place and directed the customs authorities across the state to ensure strict compliance with the directions.