National Green Tribunal
Arun Das vs Union Of India Department Of Fisheries ... on 10 July, 2023
Item No.01 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.60/2023/EZ
Arun Das Applicant(s)
Versus
The Union of India & Ors. Respondent(s)
Date of hearing: 10.07.2023
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
For Applicant(s) : Mr. Subhajit Banik, Advocate
For Respondent(s) : Mr. Ashok Prasad, Advocate for R-1,
Ms. Malabika Roy Dey, Advocate for R-2 to 4 (in Virtual Mode)
ORDER
1. Mr. Subhajit Banik, learned Counsel files Vakalatnama on behalf of the Applicant; the same is taken on record.
2. This Original Application has been filed by the Applicant stating that fish caught far away from Assam are sold in Assam in addition to fish procured from the fisheries in the State of Assam. It is stated that so far as the fish procured from the fisheries in Assam are concerned, the procedure for catching and sale of such fishes is governed by the Assam Fishery Rules, 1953 and guidelines of the Assam Fishery Development Corporation.
3. However, the allegation of the Applicant is that fish which is brought from outside Assam through transportation, such fish are found to have traces of Cadmium, Arsenic and Formalin as per the report of a study conducted by the team of researchers from the Department of Biology, Nowgong College, which also finds mention in Newspaper Report, copy of the Newspaper Report has been filed as Annexure-I to the Original Application. Copy of the report itself has not been filed 1 by the Applicant. He shall file the copy of the Research Report on affidavit by the next date of listing.
4. The Applicant has prayed that the import of fish from outside the State of Assam into Assam by road or Railway, found laced with Formalin or tainted with Cadmium and Arsenic be banned till adequate scientific method for testing of such fish and plying vehicles having cold storage refrigeration is not implemented by the Government.
5. Reference has also been made to the Regulation 2.6.2 of the Food Safety and Standards Authority of India Notification dated 11.01.2023 which prescribes the permissible standards of formaldehyde reds as under: -
"2.6.2. Limit of Formaldehyde-
(1) The amount of naturally occurring formaldehyde shall not exceed the limit prescribed in the column (2) for different species of fish as mentioned in the table given below: -
Group & Species Mg/kg.
Max.
Group-I (marine)
All finfishes (including Barracuda, Ballifishes, Bombay Duck, Bullseyes, Catfishes, Croakers, Eels, Filefishes and Puffers, Flat fishes, Goatfishes, Groupers (Rock Cods), Half Beaks and Full Beaks, Horse Mackerel, Leather Jacket (Queen Fish), Mackerel, Mullets, Other Carangids, Other Clupeoids, Anchovies, Other Perches, Pigface Breams, Pomfrets, Ribbon Fish, Sardines, Seer Fishes/Spanish Mackeral, 4.0 Silver Bellies/Biddies, Snappers, Tarpons, Threadfin Breams, Threadfins, Tuna and Bonitos, White Fish and any other commercial 2 varieties), elasmobranchs, crustaceans and molluscs except those under Group III & IV Group- II (Freshwater Origin) Finfishes (including Indian Major Carps, Minor Carps, Exotic Carps, Freshwater Catfishes, Snakeheads/Murrels, Tilapia, Trout and all other freshwater fin fishes), crustaceans and molluscans Group- III (Marine) Lizard fishes and any other marine fishes not 8.0 covered under Group I Group- IV (Frozen Stored marine fish products) All frozen stored marine fish products 100
6. The Food Safety and Standards (Food Products Standards and Food Additives) Amendment Regulations, 2020 prescribes standards with respect to limit of naturally occurring formaldehyde in fresh water and marine fish. The relevant extracts of the Food Safety and Standards (Food Products Standards and Food Additives) Amendment Regulations, 2020 read as under: -
"III. Specific requirements for establishment engaged in handling, processing, manufacturing, packing, store, distribution and transportation of fish and fish products:
In addition to Part-II of Schedule 4, as operationalized vide direction F. No. 1(80) 2016/Enf-II Info/FSSAI(Pt.) dated 28th August, 2019, following are specific requirements.
1. Internal Structure and fittings All interior structures (including floors, walls, ceilings, doors, windows, partitions, overhead fixtures, working surface that come into direct contact with fish and fish products, such as stairs, elevators, etc.) shall be constructed of materials that are corrosion-resistant, light-coloured, durable, impervious to minimize the build-up of fish slime, blood, scales and guts and to reduce the risk of physical 3 contamination, with no toxic effect in intended use, shall be unable to provide pest harbourage and be easy for cleaning and disinfection.
2. Equipment and containers 2.1 Conveying equipment for live and dressed products shall be constructed of suitable corrosion- resistant material that doesn't transmit toxic substances and shall not cause mechanical injuries.
2.2 Cooling chambers for storage of fish and fish products shall be equipped with temperature recorder and with/without automatic air temperature controllers in the chamber as well as with temperature recording devices.
3. Procurement of raw materials and ingredients 3.1 Both the raw material and ingredients shall, wherever feasible, be procured from registered, or approved supplier.
Raw material shall be washed or cleaned as necessary to remove soil or other contaminants using clean and microbiologically safe water. Other raw material or ingredient or any other material used in fish and fish products shall not be accepted by a food business operator, if it is known to contain chemical, physical or microbiological contaminants. It is recommended that temperature of fish and fish products at the time of delivery shall be in the range of 0°C to +4.0°C. In case of frozen products, receiving temperature shall be -18°C or below.
3.2 Shrimps shall be procured from registered farmers and use only approved aquaculture inputs.
3.3 Fish shall free from fishy, sour, or ammonia-like odour and the eyes shall be clear and shiny.
3.4 Whole fish shall have firm flesh and red gills with no odour. The flesh shall spring back when pressed. Fresh fillets shall have firm flesh and red blood lines, or red flesh if fresh tuna.
4 3.5 Fish fillets shall display no discoloration, darkening, or drying around the edges.
3.6 Shrimp, scallop, and lobster flesh shall be clear with a pearl-like colour and little or no odour.
4. Food and packaging materials storage including warehousing 4.1 It is recommended that temperature of fish and fish products at the time of storage shall be in the range of 0°C to +4.0°C for fresh/chilled/refrigerated and - 18 0C or below for frozen. Too long storage time and severe fluctuation shall be avoided. Where the product is susceptible to temperature abuse and / or weather damage, covered bays shall be provided for loading and unloading.
5. Processing 5.1 Fin fish and shellfish shall be handled and conveyed with care during processing operations to avoid physical damage such as puncture and mutilation. Food contact surfaces shall be made of food grade material. 5.2 Personnel shall put on clean protective clothing and wash their hands before entering processing area. 5.3 Ice used in cooling and holding raw material shall not be mixed with ice used to store processed and packed products.
5.4 Wherever steam is used directly on food during processing, the steam shall be generated from clean and microbiologically safe water.
6. Packaging 6.1 Avoid packages with signs of frost or ice crystals, which may mean the fish has been stored a long time or thawed and refrozen.
5 6.2 Avoid packages where the "frozen" fish flesh is not hard. The fish shall not be flexible.
6.3 Packaging used for storing ice cooled fish and fish products shall ensure the drainage of the melt water. 6.4 The packaging of fish and fish products shall ensure safety of fish and fish products and shall not alter the organoleptic properties before the expiration date.
7. Food Transportation 7.1 Transportation facility for fish and fish products shall have chilling equipment either to maintain a temperature at or below 4 °C (OR) maintain a temperature at or below -18 °C, as appropriate.
7.2 Contamination, exposure to extreme temperatures and the drying effects of the sun or wind shall be avoided. 7.3 Free flow of chilled air should be made around the load when fitted with mechanical refrigeration means. 7.4 Inner surfaces of transport vehicles shall be smooth and easy to wash and disinfect.
7.5 Cargo compartments of transport vehicles and containers shall be subjected to regular washing and disinfection with a frequency necessary to prevent cargo compartments of transport vehicles and containers from becoming sources of contamination (dirtying) of products
8. Quality control 8.1 fresh fish shall not contain any food additives including formaldehyde, contaminants and natural or synthetic hormonal substances. Fish products shall contain permitted ingredients and comply with the relevant regulations. 8.2 Biological water resources catchments and food products of aquaculture of animal origin shall be examined for parasites (parasitic affections).
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8.3 The fish and fish products shall not contain any preservative including formaldehyde which is not permitted under these regulations."
7. In our opinion, matter requires consideration.
8. Issue notice to the Respondents, returnable within four weeks.
9. Mr. Ashok Prasad, learned Counsel who is present in Court, accepts notice on behalf of the Respondent No.1, Department of Fisheries, Ministry of Fisheries, Animal Husbandry and Dairying.
10. Ms. Malabika Roy Dey, learned Counsel appearing (in Virtual Mode), accepts notice on behalf of the Respondent Nos.2, 3 & 4, State Respondents, Government of Assam.
11. We are not issuing notice to the Respondent No.5, Department of Biology, Nowgong College, Assam at this stage.
12. Respondents shall file their counter-affidavits within four weeks.
13. The learned Counsel for the Applicant shall serve e-copy/soft copy of the Original Application along with all its annexures upon Mr. Ashok Prasad and Ms. Malabika Roy Dey, learned Counsel for the Respondents within 24 hours.
14. List on 11.08.2023.
..................................... B. Amit Sthalekar, JM .................................... Dr. Afroz Ahmad, EM July 10, 2023, Original Application No.60/2023/EZ MN 7