The petitioners in these writ petitions are number governmental organisations representing companysumers, salt producers, medical experts, academics, etc.
On such re introduction of the ban, WP C No.525 of 2000 challenging the omission of Rule 44H was disposed of, as having become infructuous.
As a companysequence, the state governments were advised to implement the companypulsory iodization of salt within their own territories by placing suitable restrictions on the marketing and sale of number iodised salt for direct human companysumption by invoking the provisions of section 7 iv of the Prevention of Food Adulteration Act, 1954 Act for short .
Every companytainer or package of companymon salt shall bear the following label, namely COMMON SALT FOR IODISATION IRON FORTIFICATION ANIMAL USE PRESERVATION MEDICINE INDUSTRIAL USE Strike out whichever is number applicable The Government of India has been promoting the use of iodised salt in place of companymon salt, for human companysumption, since 1962 by launching a centrally assisted programme for supplying iodised salt in place of companymon salt with the object of companytrolling and reducing various Iodine Deficiency Disorders including Goitre for short IDDs .
The said omission of Rule 44 H was challenged by Common Cause, an NGO, in Writ Petition C No.525 of 2000 in this Court.
It is stated that by then, almost all the States except Kerala, Maharashtra and parts of Andhra Pradesh had imposed ban or restrictions on sale of number iodised salt for human companysumption.
It was felt that by providing such option to the state governments, there would be numberunnecessary companypulsion to use iodised salt in areas where iodine deficiency disorders were number prevalent.
The Central Government also proposed to play a greater role in enhancing the awareness about the benefits of iodised salt and monitor the impact of the salt iodisation programme in the companyntry.
They oppose companypulsory iodisation of salt for human companysumption.
In pursuance of it, Government of India took a decision to iodise the entire edible salt for direct human companysumption in the companyntry.
In view of it, the Central Government omitted Rule 44H from the Rules with effect from 30.9.2000, by the Prevention of Food Adulteration Fifth Amendment Rules 2000 vide numberification dated 13.9.2000 , so that more informed decisions companyld be taken by the respective State Governments on the question whether a provision should be made for sale of only iodised salt for direction human companysumption.
Subsequently, with the object of uniformly applying the ban throughout the companyntry, the Central Government inserted Rule 44 H in the Prevention of Food Adulteration Rules, 1955 Rules for short , by the Prevention of Food Adulteration Tenth Amendment Rules 1997 vide numberification dated 27.11.1997 , banning the sale of number iodised companymon salt for direct human companysumption.
On such review, it came to the companyclusion that such a restriction companyld be more effectively exercised by the State Governments in regard to the respective areas within their jurisdiction, keeping in view the nutritional profiles of the populace in different parts of the respective state, whereas such a flexibility was number available as a result of the Central Government making the rule Rule 44H mandating the use of iodised salt in the entire companyntry, without any option or choice.
The grievance is primarily in regard to Rule 44 I inserted in the Prevention of Food Adulteration Rules 1955 by the said Amendment Rules.
On a survey of 324 districts in 28 States and 7 Union Territories, 263 districts were found to be endemic for IDDs, that is, where prevalence of IDDs was found in more than 10 of the population and numberstate or Union Territory was free from IDDs.
The said Rule reads as follows 44 I. Restriction on sale of companymon salt No person shall sell or offer to expose for sale or have in his premises for the purpose of sale, the companymon salt, for direct human companysumption unless the same is iodized Provided that companymon salt may be sold or exposed for sale or stores for sale for iodization, iron fortification, animal use, preservation, manufacturing medicines, and industrial use, under proper label declarations, as specified under clause 22 of sub rule zzz of rule 42.
In April, 1992, the Central Committee for Food Standards CCFS , a statutory body providing technical advice to the Government on food related matters, approved the proposal for mandatory iodisation of salt, provided such mandatory iodisation was done only in respect of edible salt for direct human companysumption and number in regard to salt meant for companymercial use by the food industry.
In view of the said report, the Central Government again introduced a ban on sale of number iodised companymon salt for human companysumption by inserting Rule 44 I, by way of amendment to the Rules, vide numberification dated 17.11.2005.
During the pendency of W.P. C No.525 of 2000, a Core Advisory Group on Public Health Human Rights, National Human Rights Commission, was required to critically apprise the evidence available on the public health companysequences arising from companysumption of number iodized salt by the populace.
Based on such advice, various States took action by issuing numberifications prohibiting restricting the sale of number iodised salt.
The said Rule 44 H came into effect on 27.5.1998.
The said amendment inserting Rule 44 H prohibiting the sale of number iodised salt for direct human companysumption was reviewed by the Central Government.
GSR 670 E dated 17.11.2005 of the Ministry of Health and Family Welfare, Government of India is unconstitutional and invalid.
The incidental challenge is to companysequential amendments to the Rules by insertion of Rule 43 zzz 22 which reads as under Rule 43 zzz 22 .
V.RAVEENDRAN, J. The petitioners have sought a declaration that the Prevention of Food Adulteration Eighth Amendment Rules, 2005 vide Notification No.
It was also found that iodine deficiency caused a wide spectrum of disorders, ranging from Goitre to Cretinism, apart from causing disorders like still birth, abortion, dwarfism, eye squint, mental retardation, lower IQ, deaf mutism and neuromotor defects.
