Expired food menace: Karnataka High Court calls for constant vigil, says profit cannot trump safety
The High Court of Karnataka has expressed serious concern over the rising instances of hotels and eateries stocking and supplying expired food, observing that such cases cannot be dismissed as stray violations of regulatory norms. The court said these instances reveal a disturbing pattern in the hospitality industry, where the pursuit of profit has, in some cases, overshadowed the basic obligation to safeguard consumers' health.
Justice M. Nagaprasanna made these observations while refusing to quash a criminal case against an expired food recycling firm allegedly involved in selling expired items by relabelling them. The court's decision paves the way for the trial to proceed, underscoring the judiciary's unwillingness to condone practices that endanger public health.
Taking note of recent enforcement actions by authorities against hotels and other establishments, the court highlighted that these actions have uncovered alleged rackets employing systematic methods to push expired products back into the stream of commerce. The increasing recurrence of such discoveries, it said, must serve as a wake-up call for the regulatory machinery.
"Surprise inspections cannot remain occasional exercises undertaken only after public outrage erupts. Food safety requires constant vigilance, rigorous traceability of expired stock, prompt destruction of articles unfit for consumption and consequences sufficiently stringent to ensure that treating the consumer's health as expendable never becomes a profitable business model," the court observed.
The court also underscored the fundamental trust that customers place in the food industry. A customer who dines at a hotel does so with the implicit faith that the food served is wholesome, hygienic and fit for human consumption. Expecting a customer to enter the kitchen and scrutinise every packet for its expiry date or examine the origin of every ingredient would be unreasonable, the court said. "Customers' trust is the very foundation for food industry," it added.
The observations come at a time when food safety authorities across India are grappling with enforcement challenges. Under the Food Safety and Standards Act, 2006, food business operators are legally bound to ensure that the products they sell are safe and within their expiry dates. Non-compliance can result in prosecution and penalties, but experts note that enforcement often lacks consistency.
Legal analysts view the High Court's remarks as a significant judicial push towards stricter accountability. By rejecting the plea to quash the criminal proceedings, the court has signalled that cases involving expired food must be taken seriously. The judgment also reinforces the principle that economic offences impacting public health cannot be treated lightly.
The ruling serves as a reminder to both regulators and the hospitality sector. While regulators must move beyond reactionary inspections and adopt a proactive stance, businesses must recognise that consumer welfare is not negotiable. The court's call for stringent consequences is intended to deter those who might otherwise view penalties as a minor cost of doing business.
In the larger context, the case highlights the need for robust systems to track expired stock and ensure its safe disposal. Without rigorous oversight, gaps in the supply chain can be exploited by unscrupulous players. The High Court's observations provide a legal and moral framework to address this menace, but their effectiveness will ultimately depend on implementation by enforcement agencies.
