Judgment Search Results Home > Cases Phrase: food safety and standards act 2006 Sorted by: recent Page 11 of about 38,824 results (0.486 seconds)

M/S. Dhariwal Industries Limited and Others Vs. the State of Maharasht ...

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 .....

M/S. Sree Annapoorna Agro Foods Represented by Its Proprietor Vs. Unio ...

Court : Chennai

..... , the food safety and standards act, 2006 is 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 and to ensure the availability of safe and wholesome food for human ..... of implementing the provisions of the good safety and standard act, 2006 which is a comprehensive legislation concerning with all food articles. ..... generic name of the oils used for preparation on the package or containers of the trade article as ultra vires of the provisions of the agricultural produce (grading and marking) act, 1937 and other enactments dealing with the subject issue besides being violative of articles 14 and 19(1)(g) of the constitution and consequently to forbear the respondents from in any manner restricting the petitioner from using the common or generic name of the oil on the container, receptacle, pouches, packages ..... the object of the act is to provide for grading and marking of products with reference to prescribed standard and the use of the name "agmark" associated with the private ..... brand label shows the commodity as one thing, in reality the content of the same is something different whose nomenclature is nothing but misbranding as contemplated under the provisions of the prevention of food adulteration act as well as section 2(j) of the agricultural produce (grading and marking) act, 1937. .....

Narayana Reddiar and Others Vs. State of Kerala, Rep. by Public Prosec ...

Court : Kerala

Reported in : 2012(3)KLJ103; 2012(3)KLT408; 2012(3)ILR(Ker)614

..... notification reads: in exercise of powers conferred by sub-section (1) of section 97 of the food safety and standards act, 2006 (34 of 2006), the central government hereby repeals the enactments and orders in the second schedule of the food safety and standards act, 2006 and the milk and milk products regulations, 1992, with effect from 5th august, 2011" (underlined by me to lay ..... "in exercise of the powers conferred by sub-section (3) of section 1 of the food safety and standards act, 2006 (34 of 2006), the central government hereby appoints the 29th day of july, 2010 as the day on which the provisions of sections 19 to 21 (both inclusive), sections 23 to 29 (both inclusive), sections 31 to 35 (both inclusive), sections 48 to 80 (both inclusive), section 89, sections 94 to 98 (both inclusive) and section 100 of the said act, shall come into force." 3. ..... act, 1954 was repealed by the food safety and standards act, 2006 ( ..... act is 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.that would support the argument advanced on behalf of the prosecution that the legislature never intended to create a vacuum where no provision was in force at the relevant time .....

Gahoi Food Private Limited Vs. Union of India

Court : Madhya Pradesh

..... submitted that the impugned order annexure p/1 is illegal, arbitrary and without jurisdiction and in accordance with the provisions of act of 2006, named as ''food safety and standard act, 2006'' and another act of 2003, named as ''the cigarettes and other tobacco products (prohibition of advertisement and regulation of trade and commerce, production, supply and distribution) act, 2003'', the appropriate authority has no power and jurisdiction to ban sale and use of gutka. ..... union of india and others [(2004) 7 scc 68] the ministry of health and family welfare department [food safety and standards authority of india] vide notification dated 1st august, 2011, in exercise of the powers conferred to it by clause (1) of subsection (2) of section 92 read with section 26 of food safety and standards act, 2006 (34 of 2006), made the regulations, named as ''food safety and standards (prohibition and restrictions on sales) ..... in the order that in accordance with the provisions of food safety and standards (prohibition and restrictions of sales), regulations, 2011, the production of any food products in which tobacco and nicotine used as ingredients, are prohibited. ..... company challenged the order dated 31-03-2012 (annexure p/1) issued by the commissioner, food safety, bhopal (mp). ..... the authorities shall take appropriate steps that the food products contains tobacco and nicotine as gutka shall not be permitted to manufacture or sale in the areas and no licence can be issued in this .....

Ms.Unik Traders Vs. the Commissioner of Customs.

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. .....

Ms.Foodlever India Pvt. Ltd Vs. Senior Inspecting Officer.

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. .....

Ms. Vishnu Packaging, a Partnership Firm. Vs. Union of India, Through ...

Court : Mumbai

..... the food safety and standards act, 2006, though, according to her proceedings initiated under the said pfa act and under the said rules are saved. ..... course of hearing, the learned counsel for the petitioners states that since this point is not raised in the petition, the petitioners are not challenging the aforesaid aspect as to whether in view of the enactment of the food and safety and standards act, 2006, the proceedings initiated by respondent nos. ..... of any sum as security for the performance of the conditions of the license and the circumstances under which such license or security may be cancelled or forfeited; (b)defining the standards of quality for, and fixing the limits of variability permissible in respect of, any article of food; (c)laying down special provisions for imposing rigorous control over the production, distribution and sale of any article or class of articles of food which the central government may, by notification in the official gazette,specify in this ..... it is submitted by her that the gutka is a proprietary food as per rule 37-a of the said rules and, therefore, if it is in violation of the prescribed standard under rule 5 of the said rules, the state is entitled to initiate proceedings under the said pfa act. .....

Pepsico India Holdings (Pvt) Limited and Another. Vs. State of U.P. an ...

Court : Allahabad

..... action under sections 272/273 ipc is completely misconceived in law as sections 272/273 ipc are not applicable to the cases of food adulteration as upto 29th july, 2010 all such cases were required to be dealt under the pfa act and with effect from 29th july, 2010 the provisions of the said pfa act and other food related laws relating to sampling, imposition of penalties for adulteration and other connected matters have been repealed by the introduction of food safety and standards act, 2006. 13. ..... the notification reads as under:- "s.o.1855(e):- in exercise of the powers conferred by sub-section(3) of section 1 of the food safety and standards act, 2006 (34 of 2006), the central government hereby appoints the 29th day of july, 2010 as the date on which the provisions of section 19 to 21 (both inclusive), sections 23 to 29 (both inclusive), sections 31 to 35(both inclusive), sections 48 to 80( both inclusive), sections 89, section 94 to 98 ( both inclusive) and section 100 of the said act, shall come into force." 26. ..... in the said case, the prosecution moved an application for alteration of sections, which was allowed by the competent court and the petitioners were remanded only under section 273 ipc and sections 51 and 57 of the food safety and standards act, 2006. 7. ..... the food safety and standards act, 2006. 40. ..... recently, the parliament in the year 2006 passed the food safety and standards act (in short, referred to as 'fssa'). .....

Bottled Water Processors Association Vs. Union of India (Uoi) and ors.

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 .....

Commissioner of Income Tax 4 Vs. Techno Shares and Stocks Limited and ...

Court : Mumbai

Reported in : 2009(111)BomLR3801; (2009)225CTR(Bom)337; [2009]184TAXMAN103(Bom)

..... to carry on food business licence under section 31 of the food safety & standards act, 2006 is mandatory. ..... which read thus:'commercial establishment' means an establishment which carries on, any business, trade or profession or any work in connection with, or incidental or ancillary to, any business, trade or profession and includes a society registered under the societies registration act, 1860, and a charitable or other trust, whether registered or not, which carries on whether for purposes of gain or not, any business, trade or profession or work in connection with or incidental or ancillary thereto but does not include a factory, shop ..... thus, it is submitted by the counsel for the assessees that in any view of the matter, the bse card would be squarely covered under section 32 of the act and therefore, no fault can be found with the orders passed by the tribunal in granting depreciation to the bse cards acquired by the assessees on or after 1/4/1998. ..... exemption contained in this notification shall not apply to cigarette tissue, glassine paper, grease proof paper, coated paper (including waxed paper) and paper of a substance not exceeding 25 grammes per square metre.after considering the entire case law and the rules of interpretation, the apex court held thus:in this case, the aim and object of the notification is to grant a concession to small scale factories which manufacture paper with unconventional raw materials. .....