BIS mark must for packaged water: HC

A large number of packaged drinking water units are operating in the Capital without a licence or a BIS standard mark,as the same was not mandatory under the laws. Moreover,the BIS,which is a national body for certification of standards,and the Prevention of Food Adulteration (PFA) department of Delhi,kept shifting the liability on each other.

While the BIS argued that they could not haul up offenders because the certification was not a legal requirement,the PFA’s stand was that unless the product displayed a label stating “packaged drinking water” and was sold with a sealed cap,no action could be taken under the PFA Rules.

Appearing for the Delhi government,Standing Counsel Najmi Waziri,however,told the court that despite there being legal issues,they would welcome court’s interference and directives to protect the interest of the citizen.

The order came on a writ filed by the Bottled Water Processors’ Association seeking action against all local units manufacturing and selling packaged drinking water without licence and BIS certification mark. Allowing the petition,Justice Muralidhar held that the whole purpose of having such an elaborate control mechanism was to ensure there was no sale of packaged drinking water except when it conformed to both the PFA and the BIS Act.

To crack down on all non-conforming units,the court has now directed the Union Ministry of Health and Welfare to constitute within two weeks a special task force comprising members of the BIS,PFA and the Delhi Police. “The task force will co-ordinate amongst the various departments and constitute special crack units which will undertake surprise checks at various locations and initiate strict action in terms of the provisions contained under the PFA as well as the BIS Act and the rules made under those statutes,” held the judge.