9911796707
TMI Blog2012 (9) TMI 921X X X X Extracts X X X X X X X X Extracts X X X X ..... s of articles of food to be subject to this Act. - (1) No person shall import into India - (i) any unsafe or misbranded or sub-standard food or food containing extraneous matter; (ii) any article of food for the import of which a licence is required under any Act or rules or regulations, except in accordance with the conditions of the licence; and (iii) any article of food in contravention of any other provision of this Act or of any rule or regulation made thereunder or any other Act. (2) The Central Government shall, while prohibiting, restricting or otherwise regulating import of articles of food under the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992), follow the standards laid down by the Food Authority under the provisions of this Act and the rules and regulations made thereunder." 4. 'Food' is defined in Section 3(1)(j) of the Food Safety Act to mean any substance, whether processed, partially processed or unprocessed, which is intended for human consumption and includes primary food to the extent defined in clause (zk). What is specifically excluded from the definition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anitary requirement for import of foodgrains. The said circular requires the exporting country to issue phytosanitary certificate for each consignment. The National Plant Protection Organization of the exporting country has also to give an additional declaration that the commodity is free from pests and has given phytosanitary treatment to free the consignment from pests under Section 3(2). 11. Under the PQ Order no consignment of foodgrains with contamination of quarantine weeds listed in Schedule VIII of the PQ Order is permitted to be imported unless the consignment has been devitalized by the exporting country and a certificate to that effect has been endorsed in the phytosanitary certificate issued by the exporting country. The phytosanitary requirements under the PQ Order as imposed by the Central Board of Excise and Customs Duty is in addition to compliance with Food Safety Standards under the Food Safety Act or the Rules and Regulations framed thereunder. 12. In course of appraisement of the imported consignment the Appraising Officer, Group I, of the Calcutta Customs passed an order dated 3rd February, 2012 allowing the Food Authority and the Plant Quarantine A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Food Safety and Standards Act, 2006 and/or rules and regulations framed thereunder. The answer to the aforesaid question necessarily has to be in the negative. 18. Section 16 empowers the Food Authority to specify by regulations inter alia the standards and guidelines in relation to articles of food and specify an appropriate system for enforcing various standards notified under this Act; the procedure and the enforcement of quality control in relation to any article of food imported into India; the procedure and guidelines for accreditation of laboratories and notification of the accredited laboratories; the method of sampling, analysis and exchange of information among enforcement authorities; and the manner in which and the procedure subject to which risk analysis, risk assessment, risk communication and risk management shall be undertaken. 19. Mr. Chowdhury cited the unreported judgment of J.K. Biswas, J. in Writ Petition Nos. 847, 849 and 850 of 2009 (State Trading Corporation of India Limited v. Union of India and Ors.). In the case of State Trading Corporation of India Limited (hereinafter referred to as 'STCIL'), STCIL had imported Black Matpe Whole which al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he samples of the imported articles of food has not recorded any opinion that for presence of mineral matter, one of the foreign matters mentioned in item A. 18-6-2006 on Appendix B to the Prevention of Food Adulteration Rules, 1955, in excess of the specified limit, the goods should be deemed to be adulterated." 20. The judgment was rendered in the context of the Prevention of Food Adulteration Act, 1954 which prohibited import of adulterated food. Section 25 of the Food Safety Act prohibits import of unsafe or misbranded or substandard food or food containing extraneous matter. 21. While import of adulterated food containing extraneous matter is still prohibited, any food which is unsafe or sub-standard is also prohibited. Under Section 3(1)(zx) an article of food is deemed to be sub-standard if it does not meet the specified standards but not so as to render the article of food unsafe. Unsafe food is defined in Section 3(1)(zz) of the Food Safety Act to mean an article of food whose nature, substance or quality is so affected as to render it injurious to health. Import is prohibited of sub-standard food irrespective of whether it is injurious to health or not. 22.&e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ered by the food importers in India and need for import of certain types of foodgrains due to inadequate domestic production, it has been decided that an opportunity can be granted on the request of the importer to improve the quality of the imported foodgrains by removing foreign matter, mineral matter and damaged grains subject to the condition that clearing/sorting of the foodgrains will be done by the importer strictly under the supervision of the Customs in customs bonded area to make the consignment conforming to the standards prescribed under FSS (Food Product Standards and Food Additives) Regulations, 2011. NOC will be given by the Authorized Officer, FSSAI if the sample of the improved product is found to be conforming to the standards. This applies with immediate effect till further orders. This issues with the approval of the Competent Authority." 27. Instructions contained in the circular of the Senior Inspecting Officer of the Food Authority cannot, in my view, be enforced by initiation of proceedings under Article 226 of the Constitution of India. The circular has been issued in response to representations for relaxation of standards. The prayer for relaxation ..... X X X X Extracts X X X X X X X X Extracts X X X X
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