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KHRA files petition in HC against raids and fines by health department
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Monday, 28 July, 2014, 08 : 00 AM [IST]
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Libin Chacko Kurian, Mumbai
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fiogf49gjkf0d Following the continuous levying of raids and fines by the state health department, the Kerala Hotel and Restaurant Association (KHRA) filed a petition in the High Court against it.
Hoteliers and food establishments claim that the food business in the southern state is in crisis mode due to the illegal actions of the health department and conflicting health laws.
The health department had a strong wave of inspections, which led to closing down many hotels in the state after infectious, diseases, such as cholera and hepatitis, spread across the state.
KHRA already has 48 cases pending in the High Court. These were filed against various corporations and municipalities across the state.
However, the association’s allegations was denied by the health department, which informed to continue with the food safety drive.
P K Jameela, director, Health Department, Kerala, said, “The health department is conducting inspections all over the state to discourage the unhygienic and unsanitary conditions of hotels and restaurants.”
“We have already taken stringent action against a number of food business operators which were found to be violating the rules,” she added.
“Anybody has the right to file a petition in the High Court, but we are more concerned about the health and well-being of the people in the state,” stated Jameela.
“If hotels are found causing infectious diseases like cholera or hepatitis, we have the right to shut it down immediately,” she added.
“The department is following all procedures to set up by law. But for severely unhygienic conditions, we have to take strong actions,” Jameela stated.
Jose Mohan, general secretary, KHRA, said, “Food business in Kerala is in crisis mode. Hotels, restaurants and food business is constantly raided and punished by food inspectors, health departments of both the state and local bodies.”
“The officers, under the commissioner of food safety, the state health department, corporations, municipalities and the district medical officers (DMO) all visit our hotels to check hygiene separately. Most of them impose fines and produce closure notices without following any legal procedures,” he added.
The Travancore-Cochin Public Health Act, 1955, and the Madras Public Health Act, 1939 are laws that enable the state authorities to take action against food firms.
But many provisions of these Acts are contradictory to the Food Safety and Standards Act (FSSA), 2006, which controls the food safety of the whole country.
While the Madras Public Health Act, 1939, prevents many items from being refrigerated, the Food Safety and Standards Authority of India (FSSAI) permits many of them.
No hotel in the state is spreading diseases, as claimed by health department. The association wants to ensure the credibility and hygiene of hotels and public safety.
“We are working with the sense of social responsibility. We are not supporting any unhygienic conditions in hotels or restaurants,” Mohan stated.
“But we want food inspectors and other authorities to follow legal procedures in taking actions. Food inspectors come to hotels with the media and declare it as unhygienic for simple reasons and impose fines or closure notices,” he added.
“Food safety officers (FSO) have to first produce a notice for improvement, and then allow 14 days to improve the conditions. They also have to collect food samples and get it tested in food labs before imposing any fines,” Mohan stated.
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