‘Neypayasam’ distribution: Kerala HC quashes case against Chottanikkara temple authorities

Kochi: High court has quashed a case registered against the authorities of Chottanikkara Devi Temple, which alleged violations of the provisions of Food Safety and Standards Act and Legal Metrology Act in connection with the distribution of ‘Neypayasam'.A bench of Justice V Raja Vijayaraghavan and Justice K V Jayakumar issued the order in a petition filed by the Cochin Devaswom Board (CDB) challenging the show-cause notices issued by the food safety officer and inspector of legal metrology, as well as the subsequent proceedings pending before the judicial first class magistrate court, Chottanikkara.The show-cause notices were issued to the temple manager in Feb 2024, alleging that the special ghee payasam (Neypayasam), one of the temple's ‘Nivedhya Vazhipadu' offerings, was being sold in containers without invoices specifying the quantity, maximum retail price (MRP), date of packing, date of expiry and other mandatory details.CDB contended that the vazhipadu prasadam of a temple cannot be treated as a food item under Food Safety and Standards (Packaging) Regulations and Food Safety and Standards (Labelling and Display) Regulations. Countering this contention, the Food Safety and Standards Authority of India (FSSAI) stated in its affidavit that every place of worship where food is served as ‘prasadam' would fall within the definition of a "food business operator" and is therefore required to comply with the provisions of Food Safety and Standards Act, 2006, and the rules and regulations framed thereunder.CDB also pointed out that despite an interim order issued by HC staying further proceedings in the matter, the official respondents proceeded to submit a report before the magistrate court, pursuant to which a case was registered. It was also submitted that, during the pendency of the case, CDB had obtained a modified licence from the food safety commissioner and introduced a requirement that containers used for packing Neypayasam should contain all mandatory particulars.After taking note of the submissions made by CDB, HC set aside the show-cause notices. It further observed that initiating prosecution against the deity and temple manager during the subsistence of HC's stay order was impermissible and unsustainable in law. Accordingly, it quashed the proceedings pending before the magistrate court against the petitioners.