TMI Blog2022 (11) TMI 298X X X X Extracts X X X X X X X X Extracts X X X X ..... the food substance, which in this case is fruits - the petitioners grievance thus arose from the impediment caused to the clearance of their product for home consumption. It is averred that, even though respondent no.4/FSSAI has indicated that ethylene gas can be used to ripen fruits, the custom authorities have refused to clear the imported product/ethephon on the ground that the petitioners did not have the requisite import permit. Since the petitioners have agreed to furnish the necessary information, in this case the issue as to whether information was required to be given or not, has become academic. Once an import permit is issued by respondent no.3/CIB RC, the petitioners will be at liberty to approach the customs authorities. The custom authorities, as alluded to above, will, thereafter, act as per law - respondent no.4/FSSAI is directed to consider framing a regime whereby fruits and/or vegetables which are ripened artificially with the use of ethylene gas, which in turn is produced through use of ethephon powder, as in this case, or other artificial ripeners should have the necessary indication placed on it. List the above-captioned matters before this court on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r referred to as 1968 Act ], none of the other provisions of the said Act would apply. 9. We may note that Mr Kirtiman Singh, who appears on behalf of respondent no.3/CIB RC, says that, in any event, the notification dated 01.01.2015 would apply. 9.1 It is important to bear in mind that the said notification has been issued by the Director General of Foreign Trade [hereafter referred to as DGFT ] in exercise of powers under Section 3 of Foreign Trade (Development and Regulation) Act, 1992 [hereafter referred to as 1992 Act ] read with paragraphs 1.3 and 2.1 of the Foreign Trade Policy, 20092014. The relevant portion of this notification reads as follows: S.O.(E): In exercise of powers conferred by Section 3 of FT (D R) Act, 1992, read with paragraph 1.3 and 2.1 of the Foreign Trade Policy, 2009-2014, the Central Government hereby inserts the following Policy condition as Policy Condition no. 3 under Chapter 38 of ITC (HS), 2012 Schedule 1 (Import Policy): 3. Under Section [9] of the Insecticides Act, 1968 all chemicals intended to be used as insecticides, rodenticides, fungicides, herbicides etc. [referred to as insecticides under the Act] require mandatory ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5. (i) Name of the Item being manufactured using the imported insecticide. (ii) Licensed Capacity of item proposed to be manufactured. (iii) Installed Capacity of item proposed to be manufactured. (iv) Function of the insecticide in the process of manufacture of the item the % required. 6. Annual quantity (in MT) of the insecticide proposed to be imported. xxx xxx xxx 9. Year-wise quantity of the insecticide consumed (imported and indigenous) during the last three years along with corresponding production of end-product, duly certified by the Excise Authority concerned, or Chartered Accountant if the item is not excisable: [Attach in original Annexure III (as per Performa (sic: Proforma) attached)] ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Total Quantity Average consumption of last three years ----- Place: Date: Signature of the applicant with seal xxx xxx xxx Imported (i) Attach End-use Certificate/recommendation in (Sic:Important) original. Ensure attaching calculation sheet in case Note : of recommendation by State Director of Industries of DIC, duly signed by the authority. (ii) Copy of each document, attached to this application, should be notarized. (iii) Fill up each column even if the information is Nil of Not Application (N.A.) . (iv) Attach all relevant Annexure even if the information is Nil . (v) Two self address [sic-addressed] envelop with postal stamp and acknowledgement card. (vi) Incomplete application is liable to be rejected, without prior notice. 12. Mr Manish says that the petitioners will furnish the information, as sought by respondent no.3/CIB RC, within the next three days. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nlikely to pose a carcinogenic risk to humans from the diet. 5. The Guidance note on Artificial ripening mentions the use of Ethephon as one of the sources for generation of ethylene, a natural plant hormone used for ripening of fruits and the specified composition is found to generate ethylene up to a maximum concentration of 100 ppm. Further, the Guidance note mentions that the ethylene source should not come in contact of fruit at any point in time. Scientific Panel reiterates that the Guidance note from FSSAI is very comprehensive and straight-forward and the information given in it, needs to be understood and followed in the perspective, as it is intended to be conveyed. [Emphasis is ours] 17. The petitioners grievance thus arose from the impediment caused to the clearance of their product for home consumption. It is averred that, even though respondent no.4/FSSAI has indicated that ethylene gas can be used to ripen fruits, the custom authorities have refused to clear the imported product/ethephon on the ground that the petitioners did not have the requisite import permit. 18. Therefore, as indicated hereinabove, since the petitioners have agreed to f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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