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2016 (9) TMI 661 - HC - CustomsImport of Olive Oil from Turkey – Compliance with the requirements of Food Safety and Standards (Packaging and Labelling) Regulations, 2011 – minor violation of the requirements to be complied with – can the relief granted to the petitioner on the ground that the consignment which they have imported largely satisfies the labelling requirements under the Regulation and they were ready to explain the minor discrepancies pointed out by the authorised officer? - Held that: - though the violations pointed out are minor, there appears to be several violations which though are stated to be minor if considered cumulatively may have to be interpreted as not in conformity with the labelling requirement. However, this observation should not be mistaken to state that the product is not a quality product nor it is unfit for human consumption. Being conscious of the fact that Court is exercising jurisdiction under Article 226 of the Constitution of India, Court would not venture into disputed questions nor it would have expertise to find out as to whether what has been mentioned in Turkey language is in fact the name of the company or other details to verify the serial number, batch number etc. The ingredients which are contained in the product should be disclosed in the label as required under the Regulations - these issues being technical matters have to be considered by the competent authority under the Food Safety and Standards Act, 2006. Petitioner entitled to one time relaxation – petitioner to move to Director (Imports), Food Safety and Standards Authority of India, FDA Bhavan, Kotle Road, New Delhi 110 002 for one tie relaxation – opportunity of personal hearing to be granted to petitioner – decision to be taken within four weeks from the date on which the representation given as shelf life of product to expire in 2017 – petition disposed off – decided in favor of petitioner.
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