The High Court yesterday observed that the dairy farms and companies must produce pure, safe, and hygienic milk and milk products maintaining international standards in order to ensure sound health of the country’s citizens.

People have a constitutional right to have pure and hygienic foods and milk, the HC bench of Justice Md Nazrul Islam Talukder and Justice KM Hafizul Alam said during hearing a suo moto (voluntary) rule issued in this regard.

The bench also said all concerned should remain careful so that foreign milk powder cannot take over the local market taking an opportunity in this situation.

Justice Nazrul said the court would not pass any order by which dairy farms and companies could be affected and prejudiced.

The HC bench came up with the order after examining the compliance reports submitted by Bangladesh Safe Food Authority (BFSA) and Bangladesh Standards and Testing Institution (BSTI) on this issue.

BFSA lawyer Barrister Mohammad Faridul Islam placed the compliance report saying that the organisation has already filed 10 cases with the Pure Food Court in Dhaka against 10 milk producing companies after finding harmful heavy metals in their pasteurised milk.

The BSFA has issued warning against 15 more companies and fined different companies Tk 17 lakh for adulteration of their milk and products, he said, adding that the BSFA will take necessary steps in this regard as per law.

BSTI lawyer Barrister Sarkar MR Hassan told the court that expert opinions were needed to resolve the issue of adulteration of milk and other foods.

After the hearing, the HC bench asked the BFSA and the BSTI to submit reports on the progress on the issue to it and fixed October 20 for passing further orders.

MILK VITA CLEARED

Meanwhile, the Appellate Division of the Supreme Court yesterday passed a stay order clearing the way for Bangladesh Milk Producers Cooperative Union Limited (Milk Vita) to produce, distribute and sell pasteurised milk.

Justice Md Nuruzzaman, chamber judge of the Appellate Division, stayed for eight weeks part of the HC order that directed Milk Vita to stop production, distribution and sale of pasteurised milk for five weeks.

The chamber judge passed the order following a petition filed by Milk Vita challenging that part of the HC order.

Attorney General Mahbubey Alam, who appeared for Milk Vita, told The Daily Star that the level of lead and antibiotics in the Milk Vita pasteurised milk didn’t cross the danger level.

Antibiotics are used for the treatment of cows and therefore, antibiotic may be found in its milk which is a very usual matter, he said.

The attorney general also said 13 more companies, which were directed by the HC to stop production, distribution and sale, cannot do so following yesterday’s SC order.

Barrister Mohiuddin Hanif Farhad, another lawyer for Milk Vita, told this correspondent that the SC’s stay order would be applicable only for Milk Vita.

The company can now produce, distribute and sale its pasteurised milk, he said.

Citing the stay petition of Milk Vita, Farhad said the company could not produce, distribute and sell pasteurised milk and therefore, it would face crisis if the HC order remained in force.

The company would sort out and gradually resolve the problems regarding pasteurised milk over the presence of antibiotics and other substances in it, he added.

On Sunday, HC bench of Justice Syed Refaat Ahmed and Justice Md Iqbal Kabir Lytton ordered the authorities of 14 companies, registered with the BSTI, to stop production, distribution and sale of pasteurised milk for five weeks.

It also directed the authorities to guard against purchase and consumption of pasteurised milk of these companies, including some top brands such as Aarong, Igloo, Milk Vita (state-run) and Pran.

The HC bench issued the order after examining three laboratory test reports, which found that the milk of these companies contains antibiotics -- Oxytetracycline, Tetracycline and Ciprofloxacin -- as well as lead, a harmful heavy metal.

The 14 companies are Aftab Milk and Milk Products Ltd (Aftab), Akij Food and Beverage Ltd (Farm Fresh Milk), American Dairy Limited (MOO), Bangladesh Milk Producers Cooperative Limited (Milk Vita), Baro Awlia Dairy Milk and Foods Ltd (Dairy Fresh), Brac Dairy and Food Project (Aarong Dairy), Danish Dairy Farm Ltd (Ayran) Ichhamoti Dairy and Food Products (PURA), Igloo Dairy Limited (Igloo), Pran Dairy Ltd (Pran Milk), Uttar Bango Dairy (Ultra), Purbo Bangla Dairy Food Industries (Arwa) and Tania Dairy and Food Products (Safe).