Understanding the Government's Stance on the Sale of Dog Meat

The Food Safety and Standard Authority of India (FSSAI) issued a circular in 2014 stating that only the species listed in the Food Safety and Standards (Food Products Standards and Food Additives) Regulation, 2011, can be slaughtered.

• In line with this, a law was enacted in 2020 that banned the commercial import, trade, and sale of dogs, as well as the sale of dog meat in markets and dine-in eateries.
• Anyone found violating this law could face prosecution under either the Prevention of Cruelty to Animals Act, 1960, or the Indian Penal Code (IPC).

What Powers Does the FSSAI Have?

• The Food Safety and Standards Act (FSSA) of 2006 was introduced to consolidate food-related laws and establish the FSSAI.
• The Act also aimed to regulate the manufacture, storage, distribution, sale, and import of food products to ensure a supply of safe and wholesome food.
• This led to the creation of the FSSAI, which also has the authority to set standards and regulations for food-related items.

Defining 'Food'

In this context, the court highlighted that "any substance, whether processed, partially processed or unprocessed, which is intended for human consumption" is primarily defined as "food" under the FSSA.

The Court's Perspective on This Classification

• The court observed that the exclusion of dogs from the list of animals is "not surprising" as only a small fraction of the North Eastern states consume dog meat.
• It would be "unthinkable" to include dogs in the list as the idea of consuming dog meat is alien to other parts of the country.
• The court noted that consuming dog meat "seems to be an accepted norm and food among the Nagas even in contemporary times."
• The court also stated that this definition is "broad and liberal enough" to encompass dog meat.

The Court's Views on the FSSAI's Power to Issue Prohibition Orders on Food Items

• The court stated that the FSSAI has been empowered to formulate regulations consistent with the FSS Act to ensure the provision of safe and wholesome food for human consumption.
• The power to issue prohibition orders is not specifically mentioned in the Act's description of the authority's roles and responsibilities.
• The FSS Act requires the state government to appoint a Commissioner of Food Safety to perform other duties under the Act and uphold the food safety standard.