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2015 (12) TMI 1147 - HC - CustomsImport of Erythritol - Whether it is only pre-packaged food required to be labelled as per the Food Safety and Standards (packaging and Labeling) Regulations, 2011 but also any kind of food - Rejection of the request of the petitioner for drawing the samples from the consignment for analysis - Held that:- Goods in question namely, 'Erythritol' whether it is a food or food additive is admittedly a food product and finally eatable, therefore, even the remote argument of the petitioner that the product of the petitioner are indeed meant for retail as well as industrial sale, hence, they need not be labelled, is highly unacceptable as per the regulation 2.2.2 of the Food Safety and Standards (Packaging and Labelling) Regulations, 2011 which states that every package of 'food' shall carry the information on the label as required by the regulation, therefore, it is not only for the pre packaged food but also all kinds of foods whether it is going to be sent to retail outlet or directly to the market for consumption, the labelling regulations will apply. As a matter of fact, all goods are likely to perish, hence, to avoid undue delay in clearance that may result in degradation of the product making it useless of the food item, labelling has been made mandatory, therefore, the contention advanced by the petitioner that the goods in question 'Erythritol' is used as a food additive in manufacture of the foods and cannot be termed as item which meets the personal needs of the consumers, is liable to be rejected outright, therefore, the impugned order rejecting the request for drawing of sample from the consignment for analysis cannot be interfered with. When the petitioner failed to affix necessary label on the imported goods with all details, namely, 'Best before use', 'Use by date', and date of manufacture, it is not known whether the goods in question is having the life time for further future use, therefore, this Court finding that the product in question namely, 'Erythritol' has miserably failed to satisfy the labelling requirements, is not able to see any merits in this writ petition, hence, the same fails and is dismissed - Decided against the assessee.
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