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 : Kerala
..... according to the petitioners, they are running their hotels/restaurants after obtaining sales tax registration, necessary licenses/permissions/consent from the local authorities and other statutory bodies and also license under the food safety and standards act, 2006. ..... 28902 of 2013 (k) ----------------------------------------- appendix petitioner(s)' exhibits & annexures -------------------------------------------------------------- exhibit p1: a true copy of the license document issued by the food safety and standard authority of india, dated1805-2012 to the1t petitioner. ..... exhibit p18: true copy of the food safety license under the food safety standard authority of india dated0202-2013 issued to the10h petitioner. ..... exhibit p14: true copy of the food safety license under the food safety standard authority of india dated1802-2013 issued to the7h petitioner. ..... exhibit p12: true copy of the food safety license under the food safety standard authority of india dated2002-2013 issued to the7h petitioner. wp(c).no. ..... exhibit p10: true copy of the food safety license under the food safety standard authority of india dated1802-2013 issued to the6h petitioner. ..... exhibit p4: a true copy of the food safety license under the food safety standard authority of india dated0612-2012 issued to the3d petitioner. ..... exhibit p2: a true copy of the food safety license under the food safety standard authority of india dated2506-2012 issued to the2d petitioner. .....
Tag this Judgment!Court : Allahabad
..... it is accordingly directed that: (i) an appeal under section 70(1) of the food safety and standards act, 2006 against the decision of the adjudicating officer under section 68 before the food safety appellate tribunal would be treated as "civil miscellaneous appeal" and not as "criminal appeal". ..... this appeal styled as "criminal appeal" is preferred under section 71(6) of the food safety and standards act, 2006 (in short ''the act'), assailing the order dated 17.3.2015 in criminal appeal no. ..... (ii) the appeals filed under section 71(6) of the food safety and standards act, 2006 before this court be treated as an appeal from order and shall be dealt with on the civil side accordingly. ..... in view of aforesaid discussion, the court is of the view that both the adjudicating officer and the food safety appellate tribunal, while adjudging the quantum of penalty under chapter x of the act of 2006 were only exercising the powers of the civil court as their determination was only confined to the adjudication on the quantum of penalty and nothing else. ..... the appellant claims to be a petty food vendor engaged in the business under the act; on 9.11.2012 the food safety officer inspected his shop, purchased a sample of paneer, which as per report of public analyst was found to contain fats less than the prescribed limit of 50% hence, sample was found to be sub-standard. .....
Tag this Judgment!Court : Mumbai
..... (iv) do the impugned provisions of sections 5d and 9a violate the central act viz food safety and standards act, 2006 or the live-stock importation act, 1898 or whether both these act viz the impugned provisions of the state act and central act are such that they cannot stand together. 22. ..... he then submitted that the food safety and standards act, 2006 (for short fssa ) also connected writ petitions clearly provides importation of food which included beef and regulations under section 62 of the fssa have already come into force prescribing the standard which was to be maintained by the importer who imported the beef. ..... (iii) does the law violate central act viz food safety and standards act, 2006 or live stock importation act, 1898? ..... overnight without giving a reasonable opportunity to the persons who are either carrying on business of slaughtering of bulls and bullocks as per the old section 6 of the act or to those who had imported the beef in tin or can form as is permitted provided they comply with the provisions of the old act or other relevant act which were repealed and incorporated in the fssa which permitted import of beef if it complies with the standards which are laid down under the regulations. ..... he submitted that subject matter of fssa operates in different field and the act lays down the standard of food which conforms to the standards. .....
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 : Mumbai Aurangabad
..... food safety and standard act, 2006 and it is mainly in respect of goa gutkha and other similar food ..... food safety and standard act, 2006 ..... food safety and standard act, 2006 ..... the learned counsel for the petitioner argued much on the provisions of section 41-a of the code of criminal procedure and he submitted that this power is not arbitrary and unless there is some material or accusation against the petitioner, notice under section 41a (1) cannot be issued against ..... thus the provision enables the police officer to collect information from the accused/suspect without effecting arrest and so the provision is not that way against persons like petitioner if the power given under section 41(1) of ..... the provision of section 41-a (3) of the code shows that after the appearance of the accused/suspect and the compliance of the conditions of the notice by the accused the investigating officer needs to give reasons if he forms opinion that ..... in mind by the courts that it is the statutory power given to the police to make investigation and the persons interested are always trying to use some provisions to protract the things. ..... the same, unwillingness of a person who has not been arrested to identify himself and to whom a notice has been issued under section 41-a, could be a ground ..... following procedure given in section 41-a of the code, the investigating officer gives opportunity to the accused or suspect to explain the things and that way the provision is for the benefit of the accused or the suspect. .....
Tag this Judgment!Court : Delhi
..... duty free shops and to mandate the customs authorities to clear the said consignments without insisting on noc from fssai. ..... sourced by the appellant from the international suppliers and bonded on arrival in india for sale at approved duty free shops, whether to outgoing or incoming passengers, against payments in foreign exchange at international airports in india do not amount to importing the goods into india; (ii) a declaration that the provisions of section 25 of the food safety and standards act, 2006 pertaining to import of articles of food into india cannot be applied to such consignments; and, (iii) to restrain fssai from applying food safety and standards act or the regulations thereunder vis-a-vis the .....
Tag this Judgment!Court : Delhi
..... pursuant to such an order, the deputy commissioner/dm (east) filed an affidavit stating that with the enactment of the food safety and standards act, 2006 and the food safety and standards rules, 2011, the obligation to enforce and check food adulteration (w.e.f. ..... the concerned lha/sdms who were earlier discharging their duties under the pfa act, 1954 have been sounded to properly inventorize and catalogue the old samples which are still stored in the office complex and to make fortnightly inspections to ensure their proper storage and preservation till they are taken over by the food safety department. ..... 05.08.2011) fall under the exclusive domain of the commissioner, department of food safety (under the department of health and family welfare, govt of nct of delhi). ..... under the new law, the designated officers of the department of food safety, govt. ..... however, the affidavit makes it very clear that a request has been made to the commissioner, department of food and safety to take over the old samples which were lifted by the earlier lha/sdms and ensure their proper storage and preservation. ..... the order making reference, it stands observed that the respondent was aware of the fact that if the right of the accused under section 13(2) of the pfa act, namely to have the second sample tested fails, then the entire prosecution would stand vitiated and this would tantamount to disturbing the judicial process. ..... earlier law in this regard namely pfa act and the rules, have since been repealed.9. .....
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