Kathmandu, July 17
The Supreme Court has upheld its stay order on the embargo
of importing vegetables without testing pesticides residue in them.
A joint bench of justices Hari Krishna Karki and Bam Kumar
Shrestha had given the verdict against the Cabinet decision of July 4 which
halted the order published in the national Gazette on June 17 that declared to
test the pesticides in the vegetables and fruits being imported to Nepal and
put an embargo on the imports of caffeine goods like Redbull that do not have
75 per cent validity time.
Since the country has pesticides testing facilities at
Birtamod of Jhapa, Biratnagar of Morang, Nawalpur of Sarlahi, Butwal of
Rupandehi, Pokhara of Kaski, Nepalgunj of Banke, Attariya of Kailali and
Kalimati of Kathmandu districts, there is no difficulty in implementing the June
17 information, reads the full-text of the verdict.
"If the Cabinet decision of July 4 is implemented, it will
have severe repercussion on public health and may cause unrecoverable loss
which is against the decision of Consumer Protection Act, 2075 and fundamental
rights of the citizens," read the text.
The government in its decision had said that there was only
one internationally accredited lab at the Department of Food Technology and
Quality Control (DFTQC) at the central level for pesticides testing, and there
were no accredited lab at the customs points or near them. It also said that the
import of vegetables and fruits would be continued without pesticides testing
until the development of proper infrastructure for the same.
But the Gazette information had imposed a mandatory
provision of quarantine and pesticides testing in fresh vegetables and fruits.
The Supreme Court has made a special reference to the
Article 44 of the Constitution that says every consumer has the right to have
quality goods and services. Similarly, the Consumer Protection Act, 2075
Article 3(2) protects consumers from the sales and distribution of goods and
services that could have negative impact on human lives, health and properties.
Lawyer Bishnu Prasad Timilsina had filed a writ on behalf of
the Consumer Right Protection Forum for the certiorari on government decision
on allowing the vegetables from India and other countries without pesticides
testing.
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