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2012 (12) TMI 983 - HC - Indian LawsProduct Containing Lactic Acid – Product prohibited or not – Respondents sealed and seized petitioner's food products and raw material on ground that they contain lactic acid – Whether use of lactic acid in petitioner's products were permitted – Held that:- petitioner does not deny fact that its products contain lactic acid (SRP 9/28 ASWPL28980.12) whereas respondents contend that it was not permissible ingredient – Provisions of Regulation 3.1.1(1) permits use of food additives in food products as specified in "regulations and in Appendix A" – Use of word "and" in regulation does not indicate that food additive must be stated to be permissible both in regulations and Appendix A – Lactic acid is food additive and is used in food as acidulant, buffering agent, neutralising agent – No dispute that petitioner uses lactic acid as buffering agent – Provisions of Prevention of Food Adulteration Act, 1954 and revision published by Bureau of Indian Standards were additional factors which supported conclusion of Petitioner – Decided in favour of Petitioner.
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