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2018 (11) TMI 1535 - HC - CustomsImport of Chocolates - Issuance of NOC under the FSSAI Act, 2006 and the Regulations made there under for the cargo covered under the Bill of Entry No 6431998 dated 18.05.2018 - direction to the second respondent to depute officers for affixing new labels by deleting the word ‘compound’ in the carton boxes and to mention ‘contains vegetable oils in addition to cocoa butter’ over the boxes of the consignment. Held that:- By no stretch of imagination, it can be claimed that the mentioning of the product description as “compound chocolates” is in any way aimed at deceiving/hoodwinking the consumers. In fact the consignment fall under the group “filled chocolates” and the same was not disputed. The Also the petitioner is willing to re-label the cartons as mere “chocolates”. The description “chocolate” is a very generic term under the FSS Regulations. It recognizes the many sub classifications of chocolates. The respondents have failed to make out a case to conclude that the choice of nomenclature defies the standards mandated under the FSS Act, 2006 and the Regulations made there under - Thus, the strict labelling requirement in respect of objection 1 in the second review order, even if it is there, is curable. Interestingly, the imported chocolates has not been tested. Only visual examination was conducted. Apparently, the presence and absence of ingredients and compliance requirements were discussed by all the parties only on the basis of the declarations of the petitioner. The ends of justice would be met if the respondents are directed to allow the petitioners to affix suitable labels and issue necessary NOC upon affixing the labels so required by the respondents within two weeks time - petition allowed.
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