'Non-veg tea': Bombay HC orders FDA to reinspect five MCA eateries after insects found

The Bombay High Court on Tuesday directed the Maharashtra Food and Drug Administration FDA to conduct a fresh inspection of five eateries at the Mumbai Cricket Association MCA premises after an inspection found cockroaches and flies in the kitchensDuring the hearing the court also made a lighthearted reference to the presence of insects while questioning whether cricketers were aware that the tea being served at the premises could be considered nonvegetarianThe bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad directed the MCA to clean the premises before the FDA carries out its fresh inspection on ThursdayHC questions food hygiene at MCA eateriesThe court was hearing petitions filed by the MCA challenging the FDAs decision to suspend the licences of five restaurants operating at the cricket bodys premises in Bandra Kurla Complex BKC over alleged serious food safety and hygiene violationsAccording to the FDA the eateries were being operated by another entity Ms Shirke Infrastructure even though the licences had been issued in the name of the MCAThe food safety authority had taken action after its inspection reportedly found several deficiencies at the premises including the presence of insects in the kitchensFDA cited gross violations during inspectionSenior counsel Vikram Nankani appearing for the MCA argued that the FDA should have first issued an improvement notice giving the eateries an opportunity to rectify the deficiencies before suspending their licencesThe bench however said an improvement notice was not necessarily required when authorities detected what it described as gross violations of hygiene standardsAs per the FDAs inspection report the eateries kitchen was infested with cockroaches and flies and the floor was slippery and dirty If there is a gross violation of hygiene standards then the FDA can decide to suspend the license forthwith the court saidThe judges noted that food safety authorities must be able to take immediate action where serious hygiene violations are detected particularly in establishments serving food to members of the publicCourt jokes about nonvegetarian teaNankani told the court that with all five eateries closed the MCA was unable to serve even tea to cricketers who came to play at the groundThe submission prompted a lighter moment during the hearing with the court referring to the presence of flies and cockroaches in the kitchensThere are flies and cockroaches in the restaurants kitchens It is nonvegetarian tea Do they cricketers know they are consuming this tea Acting Chief Justice Ghuge said in a lighter veinThe court nevertheless permitted the MCA to install a vending machine to provide tea and coffee to players while the eateries remain closedFDA ordered to reinspect five eateriesThe bench directed the FDA to carry out a fresh inspection of all five eateries on Thursday It also directed the MCA to clean up the premises before the inspectionThe court said the arrangement was intended to balance the interests of the parties while ensuring that food safety standards were maintainedThe bench observed that the FDAs action had been appreciated across the state and said similar enforcement should continue in the futureWhat the FDA is doing is laudable But once a restauranteatery clears up the deficiencies then the suspension order needs to be revoked immediately It cannot be kept pending as the FDAs objective has been achieved the court saidHC asks FDA to examine MCAs contractThe court also directed the FDA to examine the contractual arrangement between the MCA and the private entity operating the five eateriesThe FDA had pointed out that the restaurants were being operated by Ms Shirke Infrastructure even though the licences were issued in the MCAs nameThe bench said the food safety authority should consider whether the arrangement was legally permissible while deciding how to proceedIf this contract is legally permissible then the FDA shall apply its mind and take a pragmatic approach the HC saidThe courts direction leaves the matter open for further consideration after the fresh inspection The FDA will assess whether the deficiencies identified during its earlier inspection have been addressed while the MCA has been asked to ensure that the premises are cleaned before the inspectionThe matter has been posted for further hearing on August 29With inputs from PTI