2016 (4) TMI 90 - HC - Indian Laws

Seeking consideration of the product under Clause 14(2) of the Indian Food Code - Carl Jung Brand of non alcoholic beverage - Held that - writ petition stands disposed of by giving liberty to the petitioner to make an application to the first respondent seeking consideration of the product under Clause 14(2) of the Indian Food Code. While doing so, the petitioner will have to include the relevant materials including scientific report. It is also open to the petitioner to contend that the alcoholic content is less than 1% and the consequences would follow. - Petition disposed of

Summary

Issues:
1. Rejection of product approval application
2. Interpretation of Indian Food Code regarding alcoholic beverages
3. Compliance with Food Safety and Standards Regulations
4. Alcoholic content in the beverage
5. Consideration under Clause 14(2) of the Indian Food Code

Analysis:

1. The petitioner applied for a license and subsequently for product approval for a non-alcoholic beverage imported under the Carl Jung Brand. The request for approval was rejected, citing the need for compliance with regulations. The validity of the rejection was questioned due to the previous striking down of the product approval and Screening Committee by the Apex Court.

2. The petitioner's counsel argued for an alternative submission under Clause 14(2) of the Indian Food Code, which categorizes alcoholic and alcohol-free beverages together. It was contended that the petitioner's beverage could fall under this category, seeking consideration under the said clause.

3. The respondents' counsel argued that the petitioner's request did not conform to the standards set by Regulation 2.10.6 of the Food Safety and Standards Regulations, emphasizing the non-alcoholic nature of the case. The documents submitted indicated a minimal alcoholic content of 0.14% by value.

4. The court directed the petitioner to apply to the first respondent for consideration under Clause 14(2) of the Indian Food Code, providing relevant materials and a scientific report. The petitioner could assert that the alcoholic content is less than 1%, and the authority was instructed to review the application within six weeks of receiving a copy of the court's order.

5. The writ petition was disposed of with no costs, granting the petitioner the opportunity to seek consideration under the specific clause of the Indian Food Code. The judgment emphasized the need for compliance with regulations and the submission of necessary documentation for the review process.