The Madras High Court stayed an order that suspended a KFC outlet’s license for reusing oil. The Court observed that, although the Food Safety Licensing Regulations of 2011 advise against reusing edible oil, this directive is advisory rather than mandatory.
Tamilnadu: Recently, the Madras High Court issued a stay on an order from a Food Safety Designated Officer (FSDO), which suspended the license of a KFC outlet located in Thoothukudi district, Tamil Nadu.
The suspension originally based on allegations that the outlet was utilizing synthetic additives and repeatedly reusing heated cooking oil.
On July 18, Justice GR Swaminathan from the Madurai bench of the Madras High Court criticized the FSDO for bypassing procedural requirements. The FSDO imposed the suspension without first issuing a preliminary improvement notice as mandated by the Food Safety and Standards Act, 2006. This omission denied the KFC outlet a chance to address the cited food safety issues.
The Court highlighted that while the Food Safety Licensing Regulations of 2011 advise against the reuse of edible oil, this recommendation is advisory rather than compulsory. Specifically, the regulations stipulate that oil can be reheated and used up to three times to minimize the formation of trans fats.
The High Court acknowledged these points, noting the absence of mandatory compliance requirements in the regulations.
Justice Swaminathan remarked,
“The suspension order is flawed on multiple grounds, particularly due to the lack of a preliminary improvement notice. Section 32(1) of the Food Safety and Standards Act, 2006, clearly outlines that an improvement notice should be issued first. If the food business operator fails to comply with this notice, only then can the license be suspended. In this instance, the suspension was immediate, without any prior notice.”
Representing the petitioner, Sapphire Foods (which operates KFC outlets), were Senior Counsel Sathish Parasaran and advocate Vijayan Subramaniam.
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They argued that the suspension unjust and not in accordance with legal protocols. On the other side, Special Government Pleader K Balasubramanian represented the Tamil Nadu food safety department.
This ruling highlights the importance of due process and adherence to legal requirements before such significant actions, like license suspension, are enforced.
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