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2014 (8) TMI 1053 - HC - CustomsSeeking release of goods - Import of sizeable quantity of sugar confectionery - products and the packages containing them are violative of the Food Safety and Standards Act, 2006 read with the Food Safety and Standards (Packaging and Labelling) Regulations, 2011 - Respondent argued that the label of the goods of the petitioner was defective. It mentioned that the product contained “seaweed” but failed to mention any particular type of seaweed that it product contained. Seaweed, of only particular types were safe for human consumption, others were not, it was said. Held that:- ongoing through the annexures to the affidavit in opposition, it appears that the products sought to be imported are safe for human consumption, in all other respects. There is only an element of doubt with regard to the presence of seaweed and the absence of a declaration in the label that the permitted type of seaweed “Agar Agar” is included in the product. I also take note of petitioner's submission that earlier consignments of identical goods were released without objection. In that view of the matter, one cannot stop importation of the said goods. But the imported goods can only be released in the market upon a label being permanently affixed by the importer to the effect that the product contains “Agar Agar”, a permitted seaweed and no other type of seaweed. This labelling has to be done on all the imported packages to the satisfaction of the Food Safety Department. The Food Safety Department will issue a ‘No Objection Certificate’ within 48 hours thereafter. The Customs Authorities will thereupon take steps for expeditious release of the goods. - Decided in favour of petitioner
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