Use of formaldehyde in imported fish: Gauhati HC seeks report on action taken by Fishery Department

 Staff Reporter

Guwahati: The Gauhati High Court underlined the shortcomings in the SOP issued for restricting import and sale of fish with use of formaldehyde to keep them ‘fresh’ for a longer duration and directed the state government to furnish an affidavit in respect of Kamrup (Metro) district detailing out the action taken by the Fishery Department pursuant to the SOP dated January 20, 2024.

The direction was issued by the division bench of Chief Justice Vijay Bishnoi and Justice Suman Shyam in a PIL case (PIL/31/2023) in light of the failure by the Fishery Department to detect the presence of formaldehyde, a chemical used to preserve dead bodies, even though other agencies entrusted with the task have found the chemical formaldehyde in the fish imported from other states.

K.P. Pathak, the counsel appearing for the state government  submitted that, vide a notification dated January 20, 2024, the state Fishery Department had published a Standard Operating Procedures (SOP) for restricting import/stock/sale of fish imported from more than self-sufficient states by road or river route using formaldehyde for keeping the fish in marketable condition for a long duration. It was submitted that the SOP was implemented from the day of its issue.

P Agarwal, the counsel appearing for the petitioner Hasibur Rahman, submitted that there are various shortcomings in the SOP and has also pointed out that there is a variation in respect of the inspections carried out by the State Public Health Laboratory, College of Fisheries, Gauhati University, Nagaon College, Dibrugarh University, and the Fishery Department officers at the district level through the year 2023. The petitioner’s counsel submitted that though other agencies have found the presence of the chemical formaldehyde in the fish imported from other states, the Fishery Department, in its survey, has found all the samples to be negative.

It was contended by the counsel for the petitioner that, looking at this contradiction, it is necessary to get a report from an independent agency other than the state agency.

After hearing the counsel appearing for both parties and after taking into consideration the fact that the SOP is implemented from January 20, 2024, the HC bench deemed it appropriate to direct the counsel for the state government to furnish an affidavit in respect of Kamrup (Metro) district detailing out the action taken by the Fishery Department pursuant to issuing the SOP.

The court directed the affidavit to be filed within a period of three weeks, also indicating the results of the tests conducted by the nodal agencies designated under the SOP by furnishing relevant facts and figures.

Moreover, the affidavit has to be sworn by the Commissioner & Secretary of the Fishery Department, the bench said.

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