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2015 (8) TMI 291 - HC - CustomsImport of wine products - Refusal of NOC Product Containing Tartaric Acid and Ascorbic Acid prohibited product or not - Whether Tartaric Acid and Ascorbic Acid were food additives that were permitted to be added to alcoholic wines under FSSR, 2011 Held that - main objective of Bill was to bring single statute regime relating to food and to provide for systematic and scientific development of Food Processing Industries Section 19 clearly prohibits any food from containing any food additives or processing aids unless it was in accordance with provisions FSSR, 2011 As per Regulation 3.1.1 food products may contain food additives As decided in case of Parle Biscuits v/s Food Safety and Standards Authority of India and others 2012 (12) TMI 983-BOMBAY HIGH COURT use of word and in regulation does not indicate that food additive must be stated to be permissible both in regulations and Appendix A - As alcoholic wines are item (x) of Regulation 3.1.1(4), therefore food additives to be added to alcoholic wines As per Regulation 3.1.12, Tartaric Acid finds specific mention and can be added as acidulant provided maximum level of use was 600 ppm Thus Tartaric and Ascorbic Acid was permitted food additive which can be added to alcoholic wines Petition allowed Decided in favour of Petitioner.
Issues Involved:
1. Whether Tartaric Acid and Ascorbic Acid are permissible food additives in alcoholic wines under the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011 (FSSR, 2011). 2. Interpretation of the relevant provisions of the Food Safety and Standards Act, 2006 and the FSSR, 2011. 3. Validity of the rejection letters issued by the Food Safety and Standards Authority of India (FSSAI) refusing the No Objection Certificate (NOC) for the import of the wine products. Issue-wise Detailed Analysis: 1. Permissibility of Tartaric Acid and Ascorbic Acid in Alcoholic Wines: The petitioner argued that Tartaric Acid and Ascorbic Acid are permissible ingredients under the FSSR, 2011. Tartaric Acid is specifically mentioned as a buffering agent in Regulation 3.1.12, which allows its use in food products up to 600 ppm. The court noted that the FSSR, 2011 permits food additives in alcoholic wines as per Regulation 3.1.1(4). The court found that Tartaric Acid is allowed as a food additive in alcoholic wines provided it does not exceed 600 ppm. Similarly, Ascorbic Acid, as an antioxidant, is permitted under Regulation 3.1.5(2). 2. Interpretation of Relevant Provisions: The court examined various sections of the Food Safety and Standards Act, 2006, including sections 3(1)(k), 19, and 22, which define food additives and their permissible use. Regulation 3.1.1(1) and 3.1.1(4) of the FSSR, 2011 were crucial, as they allow food additives specified in the regulations and Appendix 'A'. The court emphasized that the use of the word "and" in these regulations means that food additives can be permitted either in the regulations or in Appendix 'A'. The court also referred to the Indian Bureau of Standards and draft regulations prepared by FSSAI, which support the inclusion of Tartaric Acid in wines. 3. Validity of Rejection Letters: The rejection letters issued by FSSAI were based on the ground that Tartaric Acid is not listed in Appendix 'A', Table 3, Row 14 for alcoholic wines. The court found this interpretation incorrect, as the regulations allow for food additives specified in the FSSR, 2011. The court held that both Tartaric Acid and Ascorbic Acid are permissible food additives in alcoholic wines, and the rejection letters were issued on an erroneous basis. The court relied on the precedent set in the Parle Biscuits case, where a similar issue regarding Lactic Acid was decided in favor of the petitioner. Conclusion: The court ruled in favor of the petitioner, directing FSSAI to issue the NOC for the imported consignments of wine and to release the withheld consignments. The court also directed FSSAI not to refuse NOCs for future consignments on the ground that they contain Tartaric Acid. The judgment emphasized the need for statutory authorities to act fairly and transparently, especially in the context of encouraging foreign investment and economic growth.
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