2023 (7) TMI 923 - HC - Customs

Applicability of laboratory reports of Geo Chem Laboratories Pvt. Ltd. - Food Safety and Standards Authority of India - HELD THAT - It clearly appears from Affidavit that Genetic Engineer Appraisal Committee (GEAC) has nowhere come to any final conclusion in regard to the clearance of these goods on the parameters being followed by it under para 6 of ITC (HS), 2017, Schedule 1 Import Policy, (General Notes regarding Import Policy), as set out in para 5 of its Affidavit. The GEAC is dependent on the test which would be undertaken by the FSSAI. Petitioner has stated that already the FSSAI has granted a certificate to that effect, however, we would desire that in terms of what we have observed specific approval and statement to that effect needs to come on affidavit on behalf of FSSAI-Respondent No. 7. If FSSAI files such affidavit, it is opined, the Customs who is also dependent on such authorities like the FSSAI who are supposed to be the custodians on food safety and standards who would be seriously concerned for such goods/items before they are put to human consumption. List the matter on 25th July 2023, High on Board.

Summary

Issues involved:
The judgment addresses the clearance of genetically modified soybean consignments by the Food Safety and Standards Authority of India (FSSAI) and the Customs department. The key issues include the reliance on laboratory reports, the role of the Genetic Engineer Appraisal Committee (GEAC), the FSSAI's certification process, and the concerns regarding the safety of the soybeans for human consumption.

Laboratory Reports and GEAC Stand:
The court reviewed laboratory reports from Geo Chem Laboratories Pvt. Ltd. and the Kochi Laboratory. It noted that the GEAC had not reached a final conclusion on the clearance of the goods, pending tests by the FSSAI as required under the Import Policy. The GEAC's decision is dependent on the FSSAI's test results.

FSSAI Certification and Safety Standards:
The FSSAI submitted an affidavit stating that the soybean consignment was compliant with safety standards based on laboratory testing. However, the court emphasized the need for a specific statement from the FSSAI confirming the safety of the soybeans for human consumption. The court requested an affidavit from the FSSAI to address this concern and ensure compliance with FSSAI regulations.

Customs Department's Uncertainty:
The court acknowledged the customs department's uncertainty regarding the soybean consignments but highlighted the importance of the FSSAI's role in determining the safety of the goods. The court emphasized that the FSSAI's approval is crucial for ensuring the safety of food items before consumption by the public.

Future Proceedings:
The court directed the FSSAI to file an affidavit confirming the safety of the soybeans before the next hearing date. It also allowed the filing of an affidavit-in-rejoinder on behalf of the FSSAI. The court noted the intention to restrict the use of the soybeans for oil extraction only, pending the FSSAI's certification, and scheduled the next hearing for further arguments.

Separate Judgement:
No separate judgment was delivered by the judges in this case.