Kalimpong, July 7: The Kalimpong municipality did not take any legal action against the vendors who were caught selling wax-coated apples as it was not possible to scientifically establish that the fruits were adulterated.
The civic authorities said the apples were perishable and could not be sent to the food-testing laboratory in Calcutta for chemical analysis.
They, however, said any food item could be labelled adulterated upon physical evidence and its odour and hence, the apples had been seized and destroyed.
The municipality’s health department had carried out raids on fruit stalls here on Saturday and seized 32kg of apples coated with wax. The apples were seized from 16 vendors, 14 of whom were operating without the trade licence of the municipality. All the traders were let off with a strong warning by the authorities.
Dr S.D Zimba, the health officer of the municipality, said no legal action was being contemplated against the vendors since it was impossible to conduct the chemical analyses of the apples.
“We cannot take any action against the vendors without scientifically establishing that the apples were indeed adulterated with wax. However, the municipality will not allow the 14 vendors without trade licence to operate again,” he told The Telegraph.
Municipal authorities have said the nearest food-testing laboratory is in Calcutta and as the apples are perishable, the seized items could not be sent for analysis.
Lawyers agreed with Zimba that scientific proof was a must before initiating legal proceedings. Advocate Prabhakar Dewan agreed that the municipality could only initiate legal action under the Prevention of Food Adulteration Act if the apples were found to be adulterated after chemical analysis of the samples.
“Once the report of the chemical analyses is received, errant vendors can be prosecuted,” he said. The punishment, Dewan said, depends on the gravity and repetition of the offence and can vary from six months’ imprisonment to even a lifer.
Asked how the health department could label the apples adulterated without proof, Zimba said: “Food items are labelled adulterated on the basis of physical evidence and odour. According to the West Bengal Municipality Act, 1993, a food item can be declared adulterated upon inspection or analyses. Once any item is found to be adulterated, the authorities can destroy it and recover the cost incurred in the process of destruction from the defaulter.-The Telegraph
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