DANISCO (INDIA) PRIVATE LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) THE present petition has been filed by the petitioner seeking quashing of an email/communication dated 22.04.2014 (hereinafter referred to as the 'impugned communication') of Technical Officer, Food Safety and Standards Authority of India whereby the petitioner's appeal, challenging the order refusing to grant a No -objection certificate (NOC) to the consignment imported by the petitioner, was rejected on the ground that the said consignment did not comply with the requirements prescribed under the Food Safety and Standards (Packaging and Labelling) Regulations, 2011. The petitioner has also sought a direction to respondent no.2 to issue a No -objection certificate (NOC) to the petitioner.

(2.) THE Food Safety and Standards Act, 2006 is hereinafter referred to as the 'FSS Act' and the Food Safety and Standards Authority of India is hereinafter referred to as the 'FSSAI'. The Food Safety and Standards (Packaging and Labelling) Regulations, 2011 are hereinafter referred to as 'Labelling Regulations' and the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011 are hereinafter referred to as 'Food Additives Regulations'.

(3.) BY a letter dated 06.02.2014, the petitioner notified the Additional Drugs Controller that the said goods were permitted food additives under the Food Additives Regulations and were imported for subsequent supplies to its distributors and customers. On 10.02.2014, the Customs Authorities referred the said goods to FSSAI for the issuance of a no -objection certificate (NOC) . By its letter dated 13.02.2014, the petitioner furnished the description of the goods to FSSAI and requested for release of the consignment.