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2015 (8) TMI 291 - HC - CustomsImport of wine products - Refusal of NOC – Product Containing Tartaric Acid and Ascorbic Acid – prohibited product or not - Whether Tartaric Acid and Ascorbic Acid were food additives that were permitted to be added to alcoholic wines under FSSR, 2011 – Held that:- main objective of Bill was to bring single statute regime relating to food and to provide for systematic and scientific development of Food Processing Industries – Section 19 clearly prohibits any food from containing any food additives or processing aids unless it was in accordance with provisions FSSR, 2011 – As per Regulation 3.1.1 food products may contain food additives – As decided in case of Parle Biscuits v/s Food Safety and Standards Authority of India and others[2012 (12) TMI 983-BOMBAY HIGH COURT] use of word "and" in regulation does not indicate that food additive must be stated to be permissible both in regulations and Appendix A - As alcoholic wines are item (x) of Regulation 3.1.1(4), therefore food additives to be added to alcoholic wines – As per Regulation 3.1.12, Tartaric Acid finds specific mention and can be added as acidulant provided maximum level of use was 600 ppm – Thus Tartaric and Ascorbic Acid was permitted food additive which can be added to alcoholic wines – Petition allowed – Decided in favour of Petitioner.
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