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TMI Blog2014 (8) TMI 1061X X X X Extracts X X X X X X X X Extracts X X X X ..... ivate laboratories which have been authorized to conduct testing of food samples under the Food Safety and Standards Act, 2006 and/ or Rules and / or Regulations made thereunder. The respondents shall also file the connected notifications in this respect, if any. Seeking quashing of guidelines dated 24.01.2013 - Held hat:- what is prohibited under the said Act, Rules and Regulations, but which is permitted under CODEX Alimentarius, will still be regarded as prohibited in terms of the law applicable in India. It is made clear that we have not expressed any opinion as to whether Allura Red is permitted or prohibited under the said Act, Rules or Regulations. It shall be pointed out by respondents in the affidavit which he shall file. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... quashing of guidelines dated 24.01.2013 and prayer (e) with regard to the Food Research and Standardisation Laboratory at Ghaziabad survive in this petition. Insofar as the prayer (e) is concerned, it has been stated by the learned counsel appearing for the respondents as also in the affidavit filed by them that the Food Research and Standardisation Laboratory at Ghaziabad is not being shut down. It is only the administration which has been transferred to the Department of Health Services. It is also stated further that the laboratory at Ghaziabad would be further upgraded. Therefore, insofar as the prayer that the laboratory at Ghaziabad be not shut down is concerned, that does not survive any further. However, connected with this issue, i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. It shall be pointed out by the learned counsel for the respondents in the affidavit which he shall file. Lastly, with regard to the prayer of quo warranto, the learned counsel for the petitioner has drawn our attention to Section 5 of the said Act and in particular to sub-sections (2) and (3) thereof, which give an indication with regard to the eligibility of the Chairperson of the Food Safety and Standard Authority of India. According to Mr Bhushan, the respondent No. 4, who is the Chairperson of the Food Safety and Standard Authority of India, does not have the requisite eligibility inasmuch as he does not have a broad range of relevant expertise and is not a person who has been associated with the subject, as indicated in sub-s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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