In a decisive move by the Uttar Pradesh government, a ban on the production, storage, sale, and distribution of 'Halal certified' food items has been declared, citing it as contrary to the Food Safety and Standards Act. The ban, effective immediately as of 18th November, was announced shortly after reports surfaced of Chief Minister Yogi Adityanath's administration considering such a measure.

The directive, stemming from an order by the state's Food Safety and Drug Administration Commissioner, encompasses not only food products but also medicines and cosmetic items that carry the 'Halal certification.' This action reflects the state government's stance that the certification process runs parallel to, and thus undermines, the established national standards set by the Food Safety and Standards Authority of India (FSSAI).

In the notification number – FSDA Food/2023/6145, the government elaborated on its position, stating that the existence of a Halal certification system challenges the authority and the comprehensive framework of the FSSAI, established under the Food Safety and Standards Act of 2006. This legislation is the cornerstone of food safety and quality regulation in India, and the UP government's notification underlines its commitment to uphold these statutory provisions.

The ban represents a significant policy shift and is likely to have far-reaching implications for producers, retailers, and consumers of 'Halal certified' products in Uttar Pradesh. As this development unfolds, it is expected to ignite discussions on regulatory practices, religious certifications, and their place within the ambit of national food safety laws.

The Uttar Pradesh government's notification on the prohibition of 'Halal certified' food products has further elaborated on the specifics of the items affected. The notice identifies dairy products, sugar, bakery items, peppermint oil, ready-to-eat savories, and edible oils as among those that have been labeled with Halal certification. This certification is cited as being incongruent with the Food Safety and Standards Act of 2006, which established the Food Safety and Standards Authority of India (FSSAI) as the supreme entity overseeing food quality.

According to the notification, the Act, which consolidated provisions from eight prior laws, empowers the FSSAI as the sole authority to determine and enforce food quality standards. “As per Section 29 of the Act, FSSAI has been given the power to decide the quality of food items, and it is the only body authorised to check the concerned standards of the food items as per the provisions given in the Act,” the order detailed, emphasizing the central role of the FSSAI in regulating food safety.

Furthermore, the notification points out that the practice of Halal certification establishes a redundant system, leading to potential confusion regarding food quality and directly contravening the Act's primary objectives. “Thus, Halal certification of food products is a parallel system that creates confusion regarding the quality of food items and is completely against the basic intention of the said Act, and is not tenable under Section 89 of the said Act,” it stated.

Section 89 reinforces the precedence of the Food Safety and Standards Act over any other conflicting legislation, underscoring the government's standpoint that the Act is the ultimate authority on food safety and quality in India.

The Uttar Pradesh government has taken a stringent stance on 'halal certified' food products. In a directive aimed at safeguarding public health, the Food Commissioner's office has declared an outright ban on the production, storage, distribution, and sale of such items within the state. The order explicitly states, “In the interest of public health, production, storing, distribution and sale of halal certified edible items are banned in Uttar Pradesh with immediate effect,” marking a decisive administrative action.

Further expanding on the legal basis for this ban, the notification points to the Food Safety and Standards Act's definitions and penalties. It says, “The above situation is covered by the definition of counterfeiting in Section 3(1) (zf(A(i)) of the Food Safety and Standards Act, which comes under the category of an offence punishable with a fine under Section 52 of the said Act.”

Section 3(1) (zf(A(i)) of the Act describes "misbranded food" as any food product that is sold with false, misleading, or deceptive claims on its labeling, packaging, or advertising. The state government's notification clarifies that any violation of this provision is subject to punishment under Section 52 of the Act. This move by the Uttar Pradesh government indicates a rigorous application of food safety laws and a clear stance against what it views as a violation of these standards by the practice of 'halal certification'.

In a robust directive issued by the Uttar Pradesh state administration, entities have been warned of stringent consequences should they disregard the Act and the newly imposed ban on 'Halal certified' food products. The notification emphasizes the legal grounding of the order, stating that it is in accordance with Section 30(2)(d) of the Food Safety and Standards Act and invokes the rights provided under Section 30(2)(a) of the same Act. The government's order is clear: the manufacturing of food products with Halal certification within the state is prohibited in consideration of public health.

Interestingly, the order has made an exception for exporters, indicating that the ban on 'Halal certified' items does not apply to export goods. This distinction suggests a targeted approach to the ban, focusing on internal markets and public health within the state while allowing international commerce to proceed unaffected.

The timing of this order is notable, coming in the wake of legal actions taken by the state police against several companies for selling 'Halal certified' products under allegedly forged documents. The FIR, registered at Lucknow’s Hazratganj Kotwali, names Halala India Private Limited Chennai, Jamiat Ulema Hind Halal Trust Delhi, Halal Council of India Mumbai, and Jamiat Ulema in Mumbai as the involved parties. This crackdown represents a broader enforcement effort by the Uttar Pradesh government to ensure compliance with food safety standards and prevent fraudulent practices.

Lucknow Police Take Action Against Fake Halal Certification

Lucknow Police have initiated legal action against several companies accused of selling a variety of products with fraudulent Halal certifications. Items ranging from bathing soaps to spices, snacks, dairy products, and garments were being sold under this false pretense. The accused face charges under multiple sections of the Indian Penal Code (IPC), including sections 120b, 153a, 298, 384, 420, 467, 468, 471, and 505, covering a spectrum of offenses from criminal conspiracy to forgery and incitement. The investigation into these allegations is currently underway.

The state's decision to ban 'Halal certification' reflects concerns that it was causing confusion and operating as an alternative authority to the official regulator in India, the FSSAI. The clarification that the ban pertains specifically to the certification process, not 'Halal food' itself, is a crucial distinction. The ban is likely to have significant repercussions for the packaged goods sector, where such certifications are commonly displayed to influence consumer choice.

However, the ban does not affect local butchers selling Halal food items, such as meat, because these products are not typically labeled or explicitly certified as Halal. Despite this, shops with 'Halal certified' signage will need to reconsider such displays to comply with the new regulation.

Uttar Pradesh | Food Commissioner's Office issues order, "In the interest of public health, production, storing, distribution and sale of halal certified edible items banned in UP with immediate effect."

The exemption for exports is a strategic move, acknowledging the international trade requirements. The Directorate General of Foreign Trade (DGFT) under the Commerce Ministry prescribes Halal certification guidelines for meat and meat products intended for export, specifically to cater to Muslim-majority countries that mandate such certification for imported meats. This careful distinction in policy allows Uttar Pradesh to maintain its international trade obligations while enforcing stricter food certification standards within its own borders.