2014 (8) TMI 1053 - HC - Customs

Seeking release of goods - Import of sizeable quantity of sugar confectionery - products and the packages containing them are violative of the Food Safety and Standards Act, 2006 read with the Food Safety and Standards (Packaging and Labelling) Regulations, 2011 - Respondent argued that the label of the goods of the petitioner was defective. It mentioned that the product contained seaweed but failed to mention any particular type of seaweed that it product contained. Seaweed, of only particular types were safe for human consumption, others were not, it was said. Held that - ongoing through the annexures to the affidavit in opposition, it appears that the products sought to be imported are safe for human consumption, in all other respects. There is only an element of doubt with regard to the presence of seaweed and the absence of a declaration in the label that the permitted type of seaweed Agar Agar is included in the product. I also take note of petitioner s submission that earlier consignments of identical goods were released without objection. In that view of the matter, one cannot stop importation of the said goods. But the imported goods can only be released in the market upon a label being permanently affixed by the importer to the effect that the product contains Agar Agar , a permitted seaweed and no other type of seaweed. This labelling has to be done on all the imported packages to the satisfaction of the Food Safety Department. The Food Safety Department will issue a No Objection Certificate within 48 hours thereafter. The Customs Authorities will thereupon take steps for expeditious release of the goods. - Decided in favour of petitioner

Summary

Issues Involved:
Violation of Food Safety and Standards Act, 2006 and Packaging and Labelling Regulations, 2011 regarding imported sugar confectionery.

Detailed Analysis:

1. Allegations of Violation:
The Food Safety and Standards Authority of India held a quantity of sugar confectionery imported by the petitioner, alleging violations of the Food Safety and Standards Act, 2006, along with the Packaging and Labelling Regulations, 2011.

2. Affidavit and Analysis:
An affidavit was filed by a senior Inspecting Officer confirming that the samples conform to the parameters mentioned in the Food Safety Standards Rules and Regulations, 2011 after testing for physical appearance and substance presence.

3. Argument on Defective Labeling:
The respondent's counsel argued that the goods should be sent back to the country of origin due to labeling issues. The label mentioned "seaweed" without specifying the particular type, which was deemed essential for human consumption safety.

4. Labeling Requirements:
The label was found to be defective as it did not specify the type of seaweed used, although "Agar Agar" was permitted as a jelly agent. The absence of this specific declaration was considered a violation of the Act and regulations.

5. Decision and Conditions for Release:
The Court found the imported products safe for consumption, except for the doubt regarding the seaweed type used. The goods were allowed to be released in the market only after affixing a label declaring the presence of "Agar Agar" seaweed on all packages to the satisfaction of the Food Safety Department.

6. Stay of Order:
The Court granted a ten-day stay on the operation of the order upon the respondent's request due to the involvement of food safety concerns. The parties were allowed to apply for a certified copy of the order subject to compliance with formalities.

This detailed analysis of the judgment highlights the issues of violation, labeling requirements, analysis of affidavits, arguments presented, decision made by the Court, and the provision for a stay on the order, ensuring a comprehensive understanding of the legal aspects involved in the case.