2015 (1) TMI 532 - HC - Customs

Labelling of packages - Non-Compliance of labeling requirements on food Articles imported - Held that - Disputes with respect to the label is not one that can be gone into in writ proceedings. As to whether the labels on the various packages, imported by the petitioner, were originally affixed by the manufacturer/exporter of the country of origin or not is an aspect which does not appear to have been considered or addressed by the authorized officer in his report of 5-5-2014. In the circumstances, the authorized officer shall after giving due notice to the petitioner inspect the said consignments and prepare an appropriate report within two weeks. While doing so, the authorized officer shall take into consideration not only the requirements of guidelines and clarifications issued by the FSSAI, but also the guidelines contained in Circular/Notice, dated 24-1-2013 - Petition disposed of.

Summary

Issues:
1. Non-compliance with labeling requirements for imported food articles.
2. Interpretation of FSSAI regulations regarding labeling guidelines.
3. Dispute over the origin of labels on imported packaging.
4. Authority of FSSAI in ensuring food safety standards.

Analysis:

Issue 1: The petitioner imported alkalised cocoa powder with a missing expiry date on the label, which was deemed non-compliant with FSSAI regulations. The FSSAI inspection raised concerns about the absence of mandatory labeling information, leading to the rejection of the consignment.

Issue 2: The petitioner argued that the labeling on the packaging met FSSAI guidelines, citing a provision allowing labels from the country of origin if they fulfill requirements. The petitioner relied on specific guidelines issued by FSSAI in 2013 to support their position.

Issue 3: The dispute centered on whether the labels were originally affixed by the Malaysian exporter, as claimed by the petitioner, or tampered with. The court emphasized the importance of determining the authenticity of labeling in ensuring compliance with FSSAI regulations.

Issue 4: The court acknowledged the paramount importance of food safety standards and the authority of FSSAI in upholding these standards. It directed the authorized officer to conduct a detailed inspection, considering both FSSAI guidelines and circulars, to determine the authenticity of labeling within two weeks.

In conclusion, the court disposed of the writ petition, emphasizing the need for a thorough inspection to ascertain the compliance of labeling with FSSAI regulations. The judgment underscored the significance of adhering to food safety standards and the authority of FSSAI in regulating imported food articles.