Court : Supreme Court of India
..... . at this stage, we may also take notice of the food safety and standards act, 2006 (for short, the 2006 act ) ..... . in exercise of the powers vested in it under the 2006 act, the food safety and standards authority of india made multiple regulations including the food safety and standards (licensing and registration of food businesses) regulations, 2011 (for short, the regulations ) ..... . this act provides for establishment of the food safety and standards authority of india which is mandated to lay 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 ..... . in addition to part-ii the catering/ food service establishment in which food is being handled, processed, manufactured, stored, distributed and ultimately sold to the customers and the persons handling them should conform to the sanitary and hygienic requirement, food safety measures and other standard as specified below ..... . the establishment in which food is being handled, processed, manufactured, packed, stored, and distributed by the food business operator and the persons handling them should conform to the sanitary and hygienic requirement, food safety measures and other standards as specified below .....
Tag this Judgment!Court : Chennai
..... to the experience of catering business for a minimum of 5 years is concerned, according to the petitioner, the 4th respondent was running catering business without valid license since the food safety and standards authority of india (ministry of health and family welfare), has fixed the last date for obtaining license/registration for the existing food business operations till 4.2.2014 and that as per section 31 of the food safety and standards act, 2006 (in short, the act, 2006) which came into force on and from 29.7.2010 and the rules, viz. ..... according to the learned counsel for the petitioner, the 4th respondent was running catering business without valid license since the food safety and standards authority of india (ministry of health and family welfare), has fixed the last date for obtaining license/registration for the existing food business operations till 4.2.2014 and that as per section 31 of the food safety and standards act, 2006 (in short, the act, 2006) which came into force on and from 29.7.2010 and the rules, viz. ..... , food safety and standards (licensing and registration of food business) regulations, 2011 came into force on 5.8.2011, the 4th respondent ought to have obtained the license for the preceding five years to the issuance of tenders and that when the tenders were called for by the second respondent on 21.10.11 and the 4th respondent did not possess license since he did not obtain the same as per the act, 2006.13. .....
Tag this Judgment!Court : Delhi
..... these two intra-court appeals though against different judgments (of the same learned single judge), but both concerning interpretation of the provisions of the food safety and standards act, 2006 (fss act) and rules and regulations made thereunder and filed at or about the same time, were taken up together for hearing. ..... the counsel for the appellant authority in rejoinder: (a) contended that if food additive is held to be not food, the same will negate the act; (b) relied on judgment dated 22nd september, 2014 of the division bench of the high court of calcutta in mat no.1252/2014 titled food safety and standards authority of india vs. ..... that since the definition of yogurt in regulation 2.1.12:1 of the safety and standards regulations describes yogurt as containing cultures of suitable lactic acid producing harmless bacteria, which are precisely the goods in question; the said goods are permitted food additive ; (vii) that the subject goods were a food additive even as per the definition thereof in section 3(1)(k) of the fss act; (viii) that regulation 2.2.2:2 of the packaging and labelling regulations and on the ground of non-compliance wherewith the appellant authority .....
Tag this Judgment!Court : Delhi
..... these two intra-court appeals though against different judgments (of the same learned single judge), but both concerning interpretation of the provisions of the food safety and standards act, 2006 (fss act) and rules and regulations made thereunder and filed at or about the same time, were taken up together for hearing. ..... the counsel for the appellant authority in rejoinder: (a) contended that if food additive is held to be not food, the same will negate the act; (b) relied on judgment dated 22nd september, 2014 of the division bench of the high court of calcutta in mat no.1252/2014 titled food safety and standards authority of india vs. ..... that since the definition of yogurt in regulation 2.1.12:1 of the safety and standards regulations describes yogurt as containing cultures of suitable lactic acid producing harmless bacteria, which are precisely the goods in question; the said goods are permitted food additive ; (vii) that the subject goods were a food additive even as per the definition thereof in section 3(1)(k) of the fss act; (viii) that regulation 2.2.2:2 of the packaging and labelling regulations and on the ground of non-compliance wherewith the appellant authority .....
Tag this Judgment!Court : Jharkhand
..... would be covered by the definition of 'food' as defined in section 3 (j) of the food safety and standard act, 2006, but so far as the case of the appellant is concerned iodized salt, sample of which was collected from a bag which had been kept outside of the shop, has been eaten out by the rats and, therefore, it had been kept outside of the shop for the purpose of use for tanning of skin of the animal and also for the purpose of using electrical earthing ..... but not for human consumption and, thereby, that ..... analyzed, it was found of substandard grade with unsafe in terms of section 3 (zz) (x) and (xi) of food safety and standard act, 2006. ..... submitted that so far as order of sentence is concerned, the court has imposed penalty of rs.3 lacs for both the charges relating to salt being of substandard quality and for keeping it in unhygienic condition, but while imposing sentence the court did not take into account the factors as mentioned in section 49 of the food safety and standard act and, thereby, adjudicating authority certainly committed illegality in awarding sentence against the appellant.5. .....
Tag this Judgment!Court : Jharkhand
..... it was submitted that iodized salt no doubt would be covered by the definition of 'food' as defined in section 3 (j) of the food safety and standard act, 2006, but so far as the case of the appellant is concerned iodized salt, sample of which was collected from a bag which had been kept outside of the shop,as it had become wet while the bags of salt were being brought to shop on thela and, therefore, it had been kept outside of the shop for the purpose of use for ..... tanning of skin of the animal and also for the purpose of using ..... analyzed, it was found of substandard grade with unsafe in terms of section 3 (zz) (x) and (xi) of food safety and standard act, 2006. ..... submitted that so far as order of sentence is concerned, the court has imposed penalty of rs.3 lacs for both the charges relating to salt being of substandard quality and for keeping it in unhygienic condition, but while imposing sentence the court did not take into account the factors as mentioned in section 49 of the food safety and standard act and, thereby, adjudicating authority certainly committed illegality in awarding sentence against the appellant.5. .....
Tag this Judgment!Court : Delhi
..... the order notes that the food safety and standards act, 2006 is a legislation which concerns preservatives, additives, contaminants and other chemicals used in processed food. ..... it is pleaded in the application(s) that the observations in paragraph 8: the act does not contemplate regulation of what we may call is a junk food is contrary to the statutory framework of the food safety and standards act, 2006 . ..... under the garb of modification/clarification what is actually sought is a review evidenced by the objection being raised to paragraph 8 of the order dated september 04, 2013, which reads as under: a perusal of the food safety and standards act, 2006 would reveal that the legislative concern is with respect to preservatives, additives, contaminants and other chemicals used in processed food. ..... order dated january 11, 2012 passed by a division bench of this court would reveal that the union of india informed the court that food safety and standard authority of india, a statutory authority constituted under the act was looking into the matter to decide whether guidelines needed to be framed for making available healthy food in school canteens as also what efforts need to be made to promote healthy eating habits amongst children and to discourage the consumption of junk food. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... ***** reportable by the court: epitomizing a very gloomy picture of the functioning of the medical & health department of the state, more particularly with reference to barmer district, attributing total apathy and callousness on part of food inspectors for observance of food safety and standards act, 2006 (for short, act of 2006 ) and the rules made thereunder, the petitioner has laid this writ petition with the under-mentioned prayers.a) by an appropriate; writs, orders or directions of this hon'ble court, the respondent no.1 to 4, may kindly be directed, to immediately ..... post a suitable food safety officer alongwith allied staff, in barmer, in place of respondent no.5, [2].and to accordingly issue direction for carrying out necessary checking of food articles of all the sweet shops and other food business .....
Tag this Judgment!Court : Chennai
..... praying for the issuance of a writ of certiorarified mandamus call for the records pertaining to the impugned report dated 24.11.2015 issued by the 1st respondent in f.no.court cases/fssai/chn/imports/2015 and quash the same and further direct the 1st respondent to sent appropriate report under the foods safety and standards act, 2006 and the rules and regulations made thereunder, so as to enable the petitioner to clear the goods covered by bill of entry no.3857867 dated 20.11.2013 for home consumption.) 1. ..... however, these issues being technical matters have to be considered by the competent authority under the food safety and standards act, 2006. 8. ..... the petitioner has filed this writ petition praying for issuance of a writ of certiorarified mandamus to quash the order passed by the 1st respondent, who is the authorised officer functioning under the provisions of the food safety and standards act, 2006. 2. ..... since the said authority is not been impleaded as a party respondent in this writ petition, this court suo motu impleaded the director (imports), food safety and standards authority of india, fda bhavan, kotle road, new delhi - 110 002 as the 3rd respondent in the writ petition. 10. ..... but however, the authority who is competent to grant relaxation is only the director (imports), food safety and standards authority of india, fda bhavan, kotle road, new delhi - 110 002 and if at all the petitioner seeks for one time relaxation, he has to approach the said authority at new delhi. 7 .....
Tag this Judgment!Court : Delhi
..... are far too many to be of any doubt on this score; official secrets act, 1923; prevention of food adulteration act, 1954 (since replaced by food safety and standards act, 2006); the customs act, 1962; narcotics drugs and psychotropic substances act, 1985; prevention of corruption act, 1988; maharashtra control of organized crime act, 1999; prevention of terrorism act, 2002 and protection of children from sexual offences act, 2012, etc. ..... providing for offences punishable in india is supplemented by numerous enactments which create subject-specific offences, they including, as mentioned earlier, official secrets act, 1923; prevention of food adulteration act, 1954 (since replaced by food safety and standards act, 2006); the customs act, 1962; narcotics drugs and psychotropic substances act, 1985; prevention of corruption act, 1988; maharashtra control of organized crime act, 1999; prevention of terrorism act, 2002 and protection of children from sexual offences act, 2012; et al. ..... the opinion of this court, therefore, for dealing with an offence under section 59(iii) or (iv) of the food safety and standard act, 2006, a police officer would be obliged in law not only to take note of such cognizable offence in accordance with ..... in above view, the question as to whether an offence under food safety and standards act, 2006 is cognizable (or bailable) or not would have to be regulated by the second part of the first schedule appended to the code of criminal procedure, 1973, thus guided by .....
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