Why Kerala high court formed inspection team, asked for lab test of ‘kumkum’ supplied for Sabarimala Temple devotees

The panchayat had alleged that apart from the “indiscriminate sale” of kumkum by various persons, several pilgrims from outside the state were also carrying kumkum with them.

The court constituted a team comprising the drugs inspectors of Zone-I Kottayam, Zone-I Pathanamthitta and the deputy controller (flying squad), legal metrology department in Kottayam, to immediately inspect the premises, where kumkum is being stored and draw adequate samples in line with the legal procedure.

Referring to the photos placed on record, the court said, “The sale of unlabelled and unpackaged kumkum is therefore in direct violation of the Legal Metrology (Packaged Commodities) Rules, 2011, the Cosmetics Rules, 2020, and BIS Standard IS:10999.”

Case

In a previous hearing on the issue, the court issued notice to one of the distributors, Ideal Enterprises, and to Kerala Enviro Infrastructure Limited, a lab alleged to have issued certificates to various vendors selling kumkum distributed by the Ideal Enterprises.

The counter affidavit was filed by Ideal Enterprises stating that they are primarily engaged in the business of raincoats.

Upon learning of a requirement for organic kumkum, they contacted KJK Traders, Mumbai, from whom they claim to have purchased approximately 3 tonnes of kumkum.

They further submitted that the kumkum purchased is manufactured using maize starch, food-grade colours, and natural rose aroma, and is not synthetic.

They also produced certain laboratory reports of Intertek, which, according to them, were furnished by KJK Traders, Mumbai.

Lab testing

The court held that the environmental engineer, Kerala State Pollution Control Board, Pathanamthitta, should conduct routine inspections and place on record the analysis report with respect to the samples collected pursuant to our earlier directions.

“The samples collected shall be forwarded to a recognised and accredited laboratory, and the analysis report shall be placed before this Court at the earliest,” the court added.

The order said that the “analysis report produced by Ideal Enterprises, purportedly issued by Intertek, pertains only to small sealed packets of Green, Pink, Yellow, Orange, and Blue ‘Rang Barse Holi Colours”.

The court noted that it did not appear that the laboratory report had any connection with the wholesale sacks delivered to Ideal Enterprises by KJK Traders.

“Even otherwise, insofar as the analysis report issued by the Kerala Enviro Infrastructure Limited – Laboratory is concerned, the parameters tested relate exclusively to the category ‘Pollution and Environment [Waste Water (Effluents/Sewage)]’, which is wholly irrelevant and inapplicable to the testing of KumKum intended for direct application on the human body,” it said.

The court said that under Rule 34 (manner of labelling) of the Cosmetics Rules, 2020, every cosmetic must display, on both the inner and outer labels, the name and full address of the manufacturer, the list of ingredients, batch number, manufacturing date, expiry date, and a declaration of conformity with applicable BIS Standards.