TMI Blog2014 (10) TMI 844X X X X Extracts X X X X X X X X Extracts X X X X ..... nder PFA Act and further held that betel nuts imported cannot be subjected to the tests for the standards prescribed for dry fruits and nuts. Also of the view that though Al Marwa's case (2007 (1) TMI 554 - Kerala High Court ) was under the Prevention of Food Adulteration Act (for short, the "PFA Act") there is no difference in prescription of standards in respect of dry fruits and nuts under the PFA Act or FSS Act. Therefore, for non conformity of the standards prescribed for dry fruits and nuts, betel nuts imported by the petitioners cannot be detained. Considering the facts and circumstances, it is of the view that since the goods have been allowed to be released by interim orders of this Court, no further reliefs are required in these writ petitions. - W.P.(C).Nos.11763/2013, 11788/2013, 11790/2013, 26214/2013, 26217/2013,26785/2013, 27265/2013, 27499/2013, 27500/2013, 28090/2013, 7553/2014, 19903/2014, 12957/2014, 19904/2014, 15183/2014, 20478/2014, 15203/2014, 20705/2014, 17307/2014, 20909/2014 - - - Dated:- 15-10-2014 - Mr. A. Muhamed Mustaque, J. 18993/2014, 20910/2014, 19167/2014, 20920/2014, 19166/2014, 25645/2014, 19566/2014 19877/2014, 25661/2014 For ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... chieve an appropriate level of protection of human life and health. Considerable responsibility is cast on the Authorities as well as the other officers functioning under the above mentioned Acts to achieve the desired results. Authorities are also obliged to maintain a system of control and other activities as appropriate to the circumstances, including public communication on food safety and risk, food safety surveillance and other monitoring activities covering all stages of food business. 3. The Food Safety and Standards Act defines food under Section 3(j) as follows: (j) Food means 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), genetically modified or engineered food or food containing such ingredients, infant food, packaged drinking water, alcoholic drink, chewing gum, and any substance, including water used into the food during its manufacture, preparation or treatment but does not include any animal feed, live animals unless they are prepared or processed for placing on the market for human consumption, plants, prior to harvesting, dru ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s whether FSS Act provides standard for betel nuts. There is no specific standards prescribed for betel nuts under the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011 (hereinafter referred to as the FSS Regulations ). According to the Food Safety and Standards Authority, betel nuts fall within the category of nuts and raisins as prescribed under Regulation 2.3.47, particularly, in the class of dry fruits and nuts mentioned in sub clause 5. The reference of sub clause (5) in regulation 2.3.47 clearly points out what are the types of food that fall into the above category. Those are categories of food articles immediately used for human consumption. Merely because nuts are mentioned in sub regulation (5) that will not bring betel nut within that meaning. The intention is very clear. The intention is to classify certain types of nuts used for immediate human consumption. This is obvious from classification of dry fruits and nuts. That means the nuts must be in the nature of dry fruits. 7. It was held in Housing Board of Haryana v. Haryana Housing Board Employees' Union and others [(1996) 1 SCC 95], thus: When particular words ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... S Regulations for fruits and nuts have no application for betel nuts which by very nature, form a different class. 12. Learned counsel for the petitioners also relied on the decision of this Court in Al Marwa Traders v. Assistant Commissioner of Imports [2007(1)KLT 801]. Therein, this Court, while considering betel nuts under the Prevention of Food Adulteration Act, 1954 (for short, the PFA Act ) held that betel nut cannot be a dry fruit coming under the standards prescribed under PFA Act and further held that betel nuts imported cannot be subjected to the tests for the standards prescribed for dry fruits and nuts. I am also of the view that though Al Marwa's case (supra) was under the Prevention of Food Adulteration Act (for short, the PFA Act ) there is no difference in prescription of standards in respect of dry fruits and nuts under the PFA Act or FSS Act. Therefore, for non conformity of the standards prescribed for dry fruits and nuts, betel nuts imported by the petitioners cannot be detained. 13. However, question that arises is whether goods imported for which no prescription of standards are prescribed under the FSS Act can be directed to be released if it is f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s has to be considered as a part of domestic law. The Codex Alimentarius Commission is established by the Food and Agriculture Organisation (FAO) of the United Nations and WHO, wherein India is a member State. The Codex Alimentarius provides international food standards, guidelines and codes of practice contribute to the safety, quality and fairness of this international food trade. The Codex Alimentarius provides standards for various food products. India, being a Member State, these standards are to be followed if there are no specific standards in FSS Act of India. Therefore, in the absence of any specific standards in FSS Act, the Food Safety and Standards Authority of India are bound to follow the standards of the Codex Alimentarius, if any, for determining the standards. In the absence of those standards as noted above, it is open for the Government and the authority to take precautionary measures, if any of the food articles that are being imported are dangerous to human or animal or plant life or health in India in terms of the SPS Agreement. 14. The learned Standing Counsel for the Customs Shri John Varghese pointed out to para.17 of Al Marwa Trader's case wherein i ..... 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