9911796707
|
Home
Issues involved:
The refusal of Customs authorities to allow clearance of split cassia consignment due to non-conformity with Food Safety and Standards Act, 2006 standards. Judgment Details: The consignments of split cassia imported by the petitioners were refused clearance by Customs authorities citing non-conformity with Food Safety and Standards Act, 2006 standards. The consignments underwent testing thrice. The first report from Mitra S.K. Pvt. Ltd. highlighted excessive moisture and growth of mold. Subsequent testing at the Central Food Laboratory revealed a high coumarin content of 6285.6 ppm, whereas the prescribed standard dictates coumarin should be absent. A writ petition was filed, leading to an order by Justice Soumitra Pal directing the Food Safety and Standard Authority of India to draw samples for analysis within 48 hours. The samples were to be sent to the Export Inspection Agency in Kolkata for final analysis within fifteen days, as earlier tests were deemed conclusive by the Judge. Samples were sent to the Export Inspection Agency, Kolkata, where the report noted the absence of rodent hair, excreta, and mold growth in the tested sample. However, due to a lack of standard procedure for coumarin analysis, the report could not ascertain the coumarin content, indicating non-conformity with prescribed standards. The respondent authorities cited regulations prohibiting the use of coumarin in any food article under The Food Safety and Standards (Laboratory and Sample Analysis) Regulations, 2011. Despite arguments on the natural occurrence and alleged harmlessness of coumarin, the Court upheld the regulations, leading to the dismissal of the writ application. The writ application was dismissed, and an out-of-time filed affidavit in opposition was returned. The Court emphasized the prohibition on food items containing coumarin as per the regulations, thereby upholding the refusal of clearance for the split cassia consignment.
|
