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TMI Blog2016 (3) TMI 428X X X X Extracts X X X X X X X X Extracts X X X X ..... have no right to import any food articles which is hazardous or injurious to the public health. The regulatory mechanism and the standards under the FSS Act are to ensure and protect the public from possible health hazards and risks and not intended to confer any right on the importer or the distributor or the manufacturer of the product. Therefore, the standards under the Food Safety Act will have to be looked into from the stand point of view of the general public. The legitimate expectation of the importer would always subject to the policy change of the State. If the law is changed as on the date of release, the importer is bound by the law on the date of release. The standards are prescribed for protecting the public. Therefore, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... emains in this writ petition as to the satisfaction of the standards fixed for aflatoxin in the Contaminants Regulations, 2011 [Regulation No. 2.2.1(1)]. 4. The consignments have been rejected as per Exts.P5 and P6 stating as follows : 1. That the goods do not comply with the standards laid down under Sl. 2.3.47(5) of Food Safety and Standards (Food Products Standards and Food Additives) Regulation, 2011, and 2. That the total Aflatoxin presence in the case of Exhibit P3 consignment was 16 5g/kg and in the case of Exhibit P4, it was 17 5g/kg as against the revised standard of 15 5g/kg. 5. The learned counsel for the petitioner would argue at the time of import, the prescribed standard for betel nuts on aflatoxin is 30 5g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d endeavour has to be made to achieve an appropriate level of protection of human life and health. Considerable responsibility is cast on the Authorities as well as the other officers functioning under the above mentioned Acts to achieve the desired results. Authorities are also obliged to maintain a system of control and other activities as appropriate to the circumstances, including public communication on food safety and risk, food safety surveillance and other monitoring activities covering all stages of food business. 23. Enjoyment of life and its attainment, including right to life and human dignity encompasses, within its ambit availability of articles of food, without insecticides or pesticides residues, veterinary drugs resid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... herefore, the date of release is relevant not the date of import for the purpose of reckoning standards. 9. In Howrah Municipal Corporation and others v. Ganges Rope Co. Ltd. and others [2004 (1) SCC 663], it was held by the Hon'ble Supreme Court as follows : 37. ................. The claim based on the alleged vested right or settled expectation cannot be set up against statutory provisions which were brought into force by the State Government by amending the Building Rules and not by the Corporation against whom such vested right or settled expectation is being sought to be enforced. The vested right or settled expectation has been nullified not only by the Corporation but also by the State by amending the Building ..... X X X X Extracts X X X X X X X X Extracts X X X X
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