Hershey India gets notice for violation of Bio-diversity Act

In a first case against a company with foreign stake, a chief judicial magistrate on Tuesday issued notices against Hershey India Private Ltd (formerly known as Godrej Hershey Foods and Beverages Ltd.) in violation of Biological Diversity Act 2002.

"Chief Judicial Magistrate of Raisen court has today had registered a case and has ordered that notices to be issued against four directors of the company for appearance on April 4 in the criminal prosecution under section 200 of CrPC," Rohit Sharma, counsel for State Biodiversity Board said.

The company is engaged in manufacturing beverages syrups, soya based products from raw material.

The state bio-diversity board had earlier taken cognizance of the 'offense' committed by the company's Mandideep plant and issued notice in March 2013.

The company, according to the board notice, had not taken prior approval from National Biodiversity Authority Chennai for making various food products.

The board had issued its notice at regular intervals to company and given ample time but they said they use fruits of the plants for making various food products, which does not come under the Act.

"We took cognizance as it was violation of the provisions of section 55 (2) of the Act, we issued notices to the company under section 3 (1) and Section 7 of the said Act," Sharma said. It is mandatory for any company to inform National Biodiversity Authority or State Biodiversity Boards before procuring raw material in form of biological resources for manufacturing any product under National Biological Diversity Act 2002.

Any case of violation is cognizable and attracts penal provisions including jail term.

The company had in its reply to the state biodiversity board had replied and had pleaded that its manufacturing activity does not fall under ambit of the National Biological Diversity Act 2002.

Under section 55 (2) violation of Biological Diversity Act 2002 is a punishable with imprisonment of a term which may extend to three year or fine which may extend to Rs five lakh or both.

Also, under section 56 of the Act violation is punishable with fine which may extend to two lakh rupees and in the case of continuous contravention with additional fine which may extend to Rs two lakh rupees every day during which the default continues.