Rajasthan High Court Stops Sale and Import of GM Foods Until Regulations Are Made

The Rajasthan High Court has stopped the manufacture, sale, distribution, and import of genetically modified (GM) foods in India until proper regulations are framed. The Court directed the Food Safety and Standards Authority of India (FSSAI) and the Genetic Engineering Appraisal Committee (GEAC) not to grant any approval for GM food items in the absence of rules under Section 22 of the Food Safety and Standards Act, 2006.

Six Month Deadline for Regulations

A bench led by Acting Chief Justice Sanjeev Prakash Sharma and Justice Sanjeet Purohit asked the Central Government and FSSAI to frame and notify regulations within six months. The Court stressed that Section 22 clearly states that no GM food can be manufactured, sold, or imported unless regulations are in place.

Until regulations are made, the Court directed that no food imports should be allowed unless certified and labeled as “GM Free” by the exporting country’s authority. Customs and port officials were instructed to strictly enforce this direction.

Court’s Concern Over Delay

The judges expressed astonishment that even after nearly two decades, no GM food regulations have been finalized. They criticised the practice of allowing GEAC to approve imports of GM edible oils through “abeyance notifications,” saying this bypassed the law and put people’s health at risk.

The Court highlighted that permitting GM food without proper study or regulation violates the Right to Health under Article 21 of the Constitution. It noted that GM foods may pose risks such as toxicity, allergies, antibiotic resistance, cancer, and nutritional problems. The Court relied on the precautionary principle, stating that food safety is a constitutional duty of the State, not just a market issue.

GEAC vs. FSSAI Role

The Court clarified that GEAC’s role is limited to environmental safety, while FSSAI is responsible for food safety. Therefore, any approval for GM food without FSSAI’s regulations is invalid in law.

The judges observed that India’s large population, including poor and illiterate groups, cannot make informed food choices in the absence of clear labeling and safety standards. Hence, the State has a greater responsibility to ensure food safety and public confidence.

Official Notification 

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