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2016 (1) TMI 794 - HC - CustomsImport of food items, i.e., 'energy gel' and 'energy chews' of different flavours - prohibited items or not - Scope of Food Safety Standard Authority of India ('FSSAI') - Held that:- The mere fact that 'energy gel' and 'energy chew' are not mentioned in Appendices A and B would not ipso facto mean that they are prohibited from being imported. The FSSAI will have to examine if 'energy gel' and 'energy chew' which are proprietary foods are unsafe or contain any ingredient which is prohibited under the FSS Act. - Consequently, the Court is of the view that the first reason given by the FSSAI in its letter dated 2nd December 2015 addressed to the Customs for not drawing samples of the consignments in question is not justified in terms of Section 22 of FSS Act. Accordingly, FSSAI directed to visit and inspect the goods - The procedure/protocol set out under Section 47 of FSS Act will be followed while taking samples.
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