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Commercial Law




                    Notes                 (b)   Improved capacity to respond to outbreaks of food-borne illness and threats to
                                               the food system presented by medicated feeds and antibiotic residues.
                                          (c)   Separation of health and safety standard setting from inspection, permitting
                                               new flexibilities for inspection.

                                          (d)   Separation of health risk analysis from risk management, thereby fulfi lling a
                                               World Health Organization principle.

                                          (e)   Reduced criticism of conflict of interest because the same department was

                                               responsible for promoting and regulating an industry (fi sheries).
                                     8.   A more integrated and comprehensive approach (gate-to-plate) to trichinosis in
                                          swine, tuberculosis in cattle and zoonotic diseases such as salmonella enteritidis in
                                          poultry.

                                     9.   Improved capacity to respond to outbreaks of food-borne illness and threats to the
                                          food system presented by medicated feeds and antibiotic residues.
                                     10.   Separation of health and safety standard setting from inspection, permitting new

                                          flexibilities for inspection.

                                     11.   Separation of health risk analysis from risk management, thereby fulfilling a World
                                          Health Organization principle.

                                     12.   Reduced criticism of conflict of interest because the same department was responsible
                                          for promoting and regulating an industry (fi sheries).
                                     Question
                                     Analyse the kind of agency it is.

                                     (Hint: It is a self-standing agency with a separate employer status and more  fi nancial
                                     fl exibilities.)

                                   16.5 Summary


                                        The earlier principle of “Caveat Emptor” or “let the buyer beware” which was prevalent
                                       has given way to the principle of “Consumer is King”.
                                        The origins of this principle lie in the fact that in today’s mass production economy where
                                       there is little contact between the producer and consumer, often sellers make exaggerated
                                       claims and advertisements, which they do not intend to fulfi ll.

                                        This leaves the consumer in a difficult position with very few avenues for redressal.
                                        The onset on intense competition also made producers aware of the benefi ts of customer
                                       satisfaction and hence by and large, the principle of “consumer is king” is now accepted.
                                        The need to recognize and enforce the rights of consumers is being understood and several
                                       laws have been made for this purpose. In India, we have the Indian Contract Act, the Sale of
                                       Goods Act, the Dangerous Drugs Act, the Agricultural Produce (Grading and Marketing)
                                       Act, the Indian Standards Institution (Certification Marks) Act, the Prevention of Food

                                       Adulteration Act, the Standards of Weights and Measures Act, the Trade and Merchandise
                                       Marks Act, etc which to some extent protect consumer interests.
                                        However, these laws required the consumer to initiate action by way of a civil suit, which
                                       involved lengthy legal process proving, to be too expensive and time consuming for lay
                                       consumers.






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