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 : Kerala
..... 10th day of august, 2015 judgment the petitioner is concerned with the import clearance of 'annatto seeds', which has been refused, due to non-issuance of a 'no objection certificate' (noc) by the 2nd respondent, an authority under the food safety and standards act, 2011 (for brevity the 'act').2. ..... food safety and standards authority of india (ministry of health and family welfar) fda bhavan kotla road, new delhi - 110002 represented by the director2 the authorised officer cochin sea port and air port food safety and standards authority of india ministry of health and family welfare), 1st floor marine building, north end, willington island kochi-682 009, kochi - 682 009. ..... ext.p4 remarks that, on physical verification, the name and complete address of the packer as required under 2.2.2:6 of the food safety and standards (packaging and labelling) regulations, 2011 (for brevity 'regulations') was not available in the consignment. ..... all imports of articles of food to be subject to this act:- (1) no person shall import into india- (i) any unsafe or misbranded or sub- standard food or food containing extraneous matter; (ii) any article of food for the import of which a license is required under any act or rules or regulations, except in accordance with the conditions of the license; and (iii) any article of food in contravention of any other provision of this act or of any rule or regulation made thereunder or any other act. .....
Tag this Judgment!Court : Kerala
..... food safety and standards authority act, 2006 ..... services and regulate street vending and includes the "planning authority" which regulates the land use in that city or town; 2(k) "stationary vendors" means street vendors who carry out vending activities ..... the highway administration or the officer authorised under sub-section (1) may, on an application made by a person in this behalf and having regard to the safety and convenience of traffic, grant permission to such person - i) to place a movable structure on the highway in front of any building owned by him or to make a movable structure on support of such building and over the highway, or ii) to put up a temporary lawning or tent or other similar construction or a temporary stall or ..... "stationary vendor", section 2(l) defines "street vendor", section 2(m) defines "town vending committee" which are relevant and are quoted below: "2(c) "local authority" means a municipal corporation or a municipal council or a nagar panchayat, by whatever name called, or the cantonment board, or as the case may be, a civil area committee appointed under section 47 of the cantonment act, 2006 or such other body entitled to function as a local authority in any city or town to provide civic .....
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 : Delhi
..... and objectives the aims and objectives of the unified traffic and transportation infrastructure (planning and engineering) centre shall be as follows:(i) to study and coordinate the norms and standards for planning and engineering practices in traffic and ..... are reproduced as under: with a view to enhance mobility, reduce congestion and to promote traffic safely by adopting standard transport planning practices, capacity building, enforcement measures, road safety audits, traffic engineering practices and better organisational co-ordination for improved traffic management by efficient lane capacity and work zone management, utilities co-ordination, developing traffic culture and avoiding transport planning pitfalls in the national capital territory of delhi, the ..... that uttipec being the statutory body under the delhi development act, 1957 (in short the act ) was created with a view to enhance mobility, reduce congestion and to promote traffic safety by adopting standard transport planning practices etc. ..... of delhi in the following terms on april 25, 2014: from the hearing of all the petitioners following views emerged: (i) the current proposed location in the front of house no.s-25 to s-29, panchshila park on the one end and house no.n-96 & n-98, panchsila park on the other end, adopted by the pwd is not appropriate for construction of fob due to the following reasons: (a) there is no footpath on both sides of the road at the current ..... national transport policy-2006 and master plan of .....
Tag this Judgment!Court : Delhi
..... mathur dated 2nd november,2010 has been exhibited as ex.pw14; (v) copy of certificate of incorporation of the plaintiff has been exhibited as ex.pw15; (vi) copies of point of purchase display, banners and other promotional materials has been exhibited as ex.pw16; (vii) copies of the various newspapers, magazines and websites articles about the plaintiff no.1 has been exhibited as ex.pw17; (viii) original samples of the plaintiff s product packaging has been exhibited as ex.pw18; (ix) certificate for use in legal proceedings ..... the plaintiff is an iso-9001, iso-14001 and iso-22000 certified organization and hence adheres to international standards of quality in the food products and services.17. ..... as a result of the continuous and extensive use of the trademark mother dairy over a long period of time spanning a wide geographical area coupled with vast promotion and publicity the said trademark enjoys an unparalleled reputation and goodwill in the market and has acquired the status of a well known trademark within the meaning of section 2(zg) of the trademarks act, 1999.10. ..... it is stated that the processing of milk is controlled by process automation whereby state-of-the-art microprocessor technology is adopted to integrate and completely automate all functions of the milk processing areas to ensure high product quality/ reliability and safety. .....
Tag this Judgment!Court : Kerala
..... out that being statutory officials dealing with food safety, the defacto complainant and the party are under bounden to follow certain mandatory procedures under secs.34 and 39 of the food safety and standards act, 2006 and that they have never complied with these mandatory ..... that the food safety act prescribes procedures for taking sample and no such steps have been taken thereunder and that the impugned anx.iv crime no.1341/2014 of chavara police station will not disclose ..... aggravated by the act of the petitioner in filing anx.ii complaint before the commissioner of police, one smt.a.k.mini, the assistant commissioner food safety, kollam, contacted the petitioner over phone at the instance of sri.shajahan many times and is said to have directed the petitioner to withdraw from the complaint against sri.shajahan by threatening that the petitioner will suffer for his act, in case he ..... the petitioner is accused no.1 in the impugned anx.iv crime no.1341/2014 of chavara police station, kollam district, registered on 5.6.2014 against the petitioner and two other identifiable persons alleging offence punishable under sec.353 (assault or criminal force to deter public servant from discharge of his duty) read with sec ..... a matter of fact, no such incident has occurred as alleged by the police in anx.iv crime no.1341/2014 of chavara police station and that the offence charged against the petitioner as per the impugned anx.vi final report/charge sheet will not stand in the eye of law.7 .....
Tag this Judgment!Court : Kerala
..... the licence issued under the food safety and standards act from the government of india.7 ..... license under food safety and standards act dt. 21.3.12. ..... without considering that there is no statutory provision or any condition in the consents/licence/noc by various statutory authorities which prescribe any time limit in working the factory of the petitioner and overlooking the fact that the inspector of factories and boilers, perumbavoor has permitted the petitioner to operate 24 hours in three shifts, have issued ext.p10 letter to the police stating that the wp(c).15583/15 -:2:- petitioner is only ..... it is crucial to note that the petitioner is one of the obligants to the kerala state civil supplies corporation and if the petitioner is forced to work only during the day time, they would not be able to process the grains as per the agreement ..... in fact, the kerala panchayat raj act (issue of licence to dangerous and offensive traders and factories) rules, 1996 does not permit the wp(c).15583/15 -:5:- panchayat to cause the order like ext.p10 to be served on ..... full process of making double boiled rice without taking at least 45 hours in a stretch, the entire process of making the double boiled rice is continuing and if it is stopped in between, the same would virtually stall the operation of the petitioner's unit. ..... respondent under the provisions of the panchayat raj act reveals that the petitioner has permission to conduct the mill with 213 h.p motor and the same is valid upto 31.3.2016. .....
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. .....
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