2015 (1) TMI 532

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..... lly 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 authori .....

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..... and Standards Authority of India (FSSAI). Subsequently, on 5-5-2014, the authorized officer of the FSSAI was of the opinion that the expiry date or the use by date was not mentioned in the original label which was a mandatory requirement under Paragraph 2.2.2(1) of the FSS (Packaging and Labelling) Regulations, 2011. The said order/letter written to the Deputy Commissioner of Customs, ICD, Tu .....

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..... rements is not permitted as per Guideline of FSSAI issued from time to time. Safety of the product cannot be assessed without knowing the mandatory labeling requirements as per FSS Regulations, 2011 and guidelines issued by FSSAI time to time. Hence, the NOC could not be issued. 3. The petitioner s contention is that the label which was affixed on the imported packaging is permissible havin .....

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..... d be different and clearly specified. 4. It is urged that a look at a label in this case would reveal that it was affixed by the Malaysian exporter and, therefore, fulfilled the conditions spelt out in the guidelines. A sample copy of the label has also been annexed to these proceedings. 5. Counsel for the respondents contend that the inspection which resulted in the rejection report of 5-5 .....

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..... 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 enclosed as Annexure-6 to the writ petition in this case. 7. The writ .....

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