Karnataka HC directs state govt to regulate street vendors and food trucks, orders Centre to issue guidelines for health standards in restaurants

The order came on a petition filed by the Karnataka Pradesh Hotel & Restaurants Association and the Bruhat Bengaluru Hotels Association. The petition sought to quash a 2012 government notification that directed all states to implement regulations of the Food Safety and Standards Authority of India (FSSAI), also seeking an order declaring certain regulations as unconstitutional.

Senior Counsel Udaya Holla, representing the petitioners, argued that some of the regulations were violative of the fundamental right to equality, as not all hoteliers were treated equally by the regulations. He also argued that several requirements were unreasonable, not in line with Indian standards, and impractical.

He also said the American Food and Safety Standards Act was being paraphrased into these regulations.

Representing the Centre and the state government, Deputy Solicitor General Shanti Bhushan argued that there was a presumption that the laws passed by Parliament were constitutional, adding that the standards were based on international legislation.

The bench observed that existing regulations primarily demarcated the scale of restaurants based on economic considerations.

While it declined to declare certain regulations as unconstitutional, the bench stated, “It does create certain impracticability to the three hierarchy of restaurants, small, medium and large. Today, even the food trucks are to be regulated, as long as there is human consumption of food; the food that is consumed should be healthy”.

“The Court finds no ground to strike down the impugned provisions as unconstitutional. However, the concerns of the petitioners and the like must merit consideration at the hands of the Regulatory Authority….”