Court : Chennai
..... first respondent had stated, in his impugned letter, dated 12.1.2012, that the food items imported by the petitioner do not meet the labelling requirements, under the food safety and standards act, 2006, and the food safety and standards (packaging and labelling) regulations, 2011, and therefore, the samples cannot be drawn for analysis.27. ..... to be verified for compliance with the provisions of the food safety and standards act, 2006, (hereinafter referred to as `the act ) and the rules framed thereunder. ..... , as per section 3(1)(z) of the food safety and standards act, 2006, means any tag, brand, mark, pictorial or other descriptive matter, written, printed, stencilled, marked, embossed, graphic, perforated, stamped or impressed on or attached to container, cover, lid or crown of any food package and includes a product insert. ..... constitution of india praying for the issuance of a writ of certiorarified mandamus, to call for the records pertaining to the letter, dated 12.1.2012 in f.no.1/2012/fssai/ciin-import issued by the first respondent and quash the same and to direct the 2nd respondent to clear the goods covered by 5660421 dated 5.1.2012, if they conform to the standards laid down under the food safety and standards act, 2006.order1. ..... , in exercise of the power conferred by clause (k) of sub-section 2 of section 92, read with section 23 of the act, the authority concerned had framed the regulations, called the food safety and standards (packaging and labelling) regulations, 2011. .....
Tag this Judgment!Court : Chennai
..... (vi) the petitioner's contention that the appropriate authority, under the food safety and standards act, 2006 and rules, 2011 has not taken any action in respect of the subject consignments is not correct. ..... (viii) the requirement of mandate of affixing the details on the label, if any under the food safety and standards act, 2006 and rules, 11 would be done at the time of repacking of the subject goods cannot be sustained since the customs authorities cannot supervise the same for the reason that such act may take place at some other jurisdiction.4. ..... the director, cftri, mysore gave his opinion vide their certificates no.502p/fssa/2011; 503p/fssa/2011 & 504p/fssa/2011, all dated 13.12.2011 that samples conform as a permitted food additive (monosodium glutamate) under the food safety and standards act, 2006 and rules, 2011 thereof. ..... the said laboratory under reports dated 13.12.2011, has now found that the samples confirm to the fact that it is indeed monosodium glutamate, a food additive falling under the food safety and standards act, 2006 and the rules of 2011. ..... the compliance under the food safety and standards act, 2006 and rules, 2011 is required for the purpose of fixing the responsibility on the importer when the import goods are found to cause injury to the public in the course of consumption of the same, since it is a food additive. ..... (iv) the imported goods are subjected to clearance only if it confirms to the act read with food safety and standard act, 2006. .....
Tag this Judgment!Court : Delhi
..... 6) to take action under the provisions of the bureau of indian standards act, 1986 ('bis act') and the prevention of food adulteration act, 1954 ('pfa act') as well as the food safety and standards act, 2006 ('fssa') against all 'local units manufacturing and selling packaged drinking water without licence and bis certification mark'.2. ..... it is the petitioner's case that although section 14 of the bis act makes it mandatory for certain food articles including 'packaged drinking water' to conform to the indian standard and mandatorily use the standard mark under section 14 of the bis act read with rule 49(28) of the prevention of food adulteration rules 1955 (pfa rules), there are a large number of units in delhi selling packaged drinking water without complying with the above norms. ..... to any harmful contamination in the drinking water by means of chemical agents or physical methods to reduce the number of micro-organisms to a level beyond scientifically accepted level for food safety or its suitability:provided that sea water, before being subjected to the above treatments, shall be subjected to desalination and related process;]it shall be packed in clean [hygienic], colourless, transparent and tamperproof bottles/containers made of polyethylene (pe) conforming to is:10146 or polyvinyl chloride (pvc) conforming to is: 10151 or polyalkylene terephtalate (petitioner .....
Tag this Judgment!Court : Mumbai
..... preamble to food safety and standards act, 2006: an act to consolidate the laws relating to food and to establish the food safety and standards authority of india for laying down science-based standards for articles of food and to regulate their manufacture, storage, distribution, sale and import, to ensure availability of safe and wholesome food for human consumption and for matters connected therewith or incidental thereto (emphasis supplied) 23. ..... the petitioners have challenged the validity of the following provisions of two different regulations under the food safety and standards act, 2006 ( the food safety act or fss act or act of 2006 ) as well as the statutory order dated 19 july 2012 of the commissioner of food safety, state of maharashtra under section 30(2)(a) of the food safety act. ..... food safety and standards act, 2006: (j) food means any substance, whether processed, partially processed or unprocessed, which is intended for human consumption and includes primary food to the extent defined in clause (zk), genetically modified or engineered food or food containing such ingredients, infant food, packaged drinking water, alcoholic drink, chewing gum, and any substance, including water used into the food during its manufacture, preparation or treatment but does not include any animal feed, live animals unless they are prepared or processed for placing .....
Tag this Judgment!Court : Mumbai
..... on behalf of the petitioners, the following submissions are made in support of the challenge as raised in the petition:- (i) that food authority does not have any authority, power or jurisdiction under the food safety and standards act,2006 (hereinafter referred to as 'fssa') read with rules and regulations framed thereunder to issue the impugned advisory dated 11th may,2013 providing for product approval. ..... the petitioners have also annexed a letter of the food authority dated 8.10.2013 which is a reply to an application under rti by which information is given by the food authority that the application fees of rs.25,000/- for approval of nutraceuitical product has not been prescribed under the food safety and standards act, rules and regulations made thereunder, but however, it has been prescribed in the guidelines issued for product approval issued under section 16(5) of food safety and standards act,2006. ..... 2.5.7.2011appointment of food inspectors employed by themunicipal corporations/councils, as the food safety officer and designated officer under the provisions of food safety and standards act,2006.3.1.3.2012issue of licensing of fbo at airports and ports4.24.1.2012issue of state/central licensing clarification onjurisdiction.5.23.3.2012guidelines related to food import clearanceprocess by fssai's authorized officers.6.2.4.2012fsms plan/certificates it may be mentioned that no dispute has been raised by the petitioners on the aforesaid advisories. 17. .....
Tag this Judgment!Court : Mumbai
..... it is, therefore, clear that food safety and standards act, 2006 is the comprehensive single special legislation for all food products on the subject of safety and standards. . . 55. ..... the challenge is to the constitutional validity of the provisions of food safety and standard act,2006 as also to the rules and regulations framed thereunder. 3. ..... the parliament enacted the food safety and standards act, 2006 (hereinafter referred to as fss act,2006 ? ..... the challenge as raised in this petition is quite broad inasmuch as in prayer clause (a) the petitioners pray for quashing and setting aside the provisions of the food safety and standards act, 2006 (for short the fss act ? ..... in our opinion, it would not be appropriate for the petitioners to contend that the adjudicating mechanism as provided in section 68 read with section 70 of the food safety act,2006 along with food safety and standard rules, 2011 does not effectively provide a redressal mechanism and thus an aggrieved person is rendered remediless. ..... and 3.1.2 of the food safety and standards rules,2011 clearly show that the adjudicating officer shall have power to hold inquiry for the purpose of adjudicating offences punishable under sections 50 to 58 and 64 to 67 of the food safety act,2006. .....
Tag this Judgment!Court : Mumbai
..... preamble to food safety and standards act, 2006: an act to consolidate the laws relating to food and to establish the food safety and standards authority of india for laying down science-based standards for articles of food and to regulate their manufacture, storage, distribution, sale and import, to ensure availability of safe and wholesome food for human consumption and for matters connected therewith or incidental thereto (emphasis supplied) 23. ..... the petitioners have challenged the validity of the following provisions of two different regulations under the food safety and standards act, 2006 (the food safety act or fss act or act of 2006) as well as the statutory order dated 19 july 2012 of the commissioner of food safety, state of maharashtra under section 30(2)(a) of the food safety act. ..... . after taking into consideration the provisions of prevention of food adulteration act, 1954 and the rules thereunder, food safety and standards act, 2006, the regulations made thereunder, the cigarettes act, 2003, the judgment of the supreme court in ghodawat case and the material on record, and after considering the rival submissions and the decisions cited at the bar, we are of the view that this is not a fit case for granting any of the interim reliefs prayed for by the petitioners .....
Tag this Judgment!Court : Mumbai
..... in fact, in exercise of powers conferred by section 92(2)(i) read with sections 20 and 21 of the food safety and standards act, 2006, regulations have been framed regarding contaminants, toxins and residues known as the food safety and standards (contaminants, toxins and residues) regulations, 2011. ..... before we consider the rival submissions, in our view, it would be necessary to take a brief look at the provisions of the food safety and standards act, 2006 and the rules and relevant regulations framed under the act. 23. ..... (ii) secondly, it was contended that the reports of the food laboratories on the basis of which the impugned order (exhibit-a) was passed were either not accredited by nbal or notified under section 43 of the food safety and standards act, 2006 ( the act ? ..... .-(1) the state government shall appoint the commissioner of food safety for the state for efficient implementation of food safety and standards and other requirements laid down under this act and the rules and regulations made thereunder ..... . section 16(5) of the act reads as under:- 16(5) the food authority may, from time to time give such directions, on matters relating to food safety and standards, to the commissioner of food safety, who shall be bound by such directions while exercising his powers under this act. ? 69 .....
Tag this Judgment!Court : Mumbai
..... is directed against order dated 19.12.2012 of the division bench of the bombay high court vide which the writ petition filed by respondent no.1 questioning the action taken by the functionaries of the state for seizure of its food products and raw material under the food safety and standards act, 2006 read with the food safety and standards regulations, 2011 was declared illegal and a direction was given for return of the stocks latest by 1.2.2013. ..... on the other hand, mr pracha, learned counsel appearing for respondent no.2, submitted that respondent no.2 has been established under the food safety and standards act, 2006 with a mandate to lay down science based standards for articles of food and to regulate their manufacture, storage, distribution, sale and import and to ensure availability of safe and wholesome food for human consumption. ..... before we deal with the relevant provisions of the food safety and standards act, 2006, it would be important to note that the said act was enacted on 23rd august 2006 and various provisions thereof came into force on various dates during the years 2007 to 2010. ..... however, considering that respondent no.2 is a statutory authority constituted under the provisions of the food safety and standards act, 2006 to ensure that safe and wholesome food is supplied to the consumers, we refrain from doing so. .....
Tag this Judgment!Court : Chennai Madurai
..... 13.it is to be noted that section 38(1) to (6) of the food safety and standards act, 2006 speaks of 'powers of food safety officer' and the same runs as under: 38.powers of food safety officer: (1) the food safety officer may- (a) take a sample- (i)of any food, or any substance, which appears to him to be intended for sale, or to have been sold for human consumption; or (ii)of any article of food or substance which is found by him on or in any such premises; which he has reason to believe that it may be required as evidence in proceedings under any of the provisions of this act or of the regulations or orders made thereunder ..... this court taking note of the divergent stand taken by the parties concerned and also this court, by considering the attendant circumstances of the present case, in a conspectus fashion, comes to an inevitable conclusion that section 38 of the food safety and standards act, 2006 confers power on the food safety officer to take a sample of any food or any substance which appears to him to be intended for sale or to have been sold for human consumption or of any article of food or substance, which is found by him on or in any such premises etc ..... , in fact, the said officer has power to seize any article of food which appears to him to be in contravention of food safety and standards act, 2006 or the regulations made thereunder and keep it in the safe custody of the food business operator such article of food, after taking a sample etc. .....
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