AUTHORIZED OFFICER, COCHIN SEA PORT & AIRPORT FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA, MINISTRY OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF INDIA Vs. MONDELEZ INDIA FOOD LTD. AND ORS.

JUDGEMENT

(1.) This appeal is filed by the 2nd respondent in W.P.C. No. 22987/2014. 1st respondent is the writ petitioner and respondents 2 and 3 are respondents 1 and 3 in the writ petition.

(2.) The writ petition was filed seeking for a declaration that 'cocoa bean' imported by the writ petitioner, who is hereinafter referred as the petitioner, is not "food" coming under the provisions of Food Safety and Standards Act, 2006 (hereinafter referred to as 'FSS Act') and the Rules framed thereunder. Petitioner also sought for a direction to quash Exts.P4, P6 and P7. By Ext.P4, clearance was sought from the Food Safety and Standards Department before Custom's clearance of 'cocoa bean'. Exts.P6 and P7 are the test reports. Direction was also sought for to release the consignment covered under Ext.P1 without insisting for a test to be conducted by the authorities under the FSS Act and the Rules and for other consequential reliefs.

(3.) The facts involved in the writ petition would indicate that the petitioner imported 'cocoa bean' from Indonesia through Cochin port. The 3rd respondent, Commissioner of Customs issued Ext.P4 stipulating that the 'cocoa bean' has to be tested as per Food Safety Standards or else a no objection certificate has to be obtained from the competent authority under the FSS Act. The 2nd respondent subjected the 'cocoa bean' to test under Clause 2.2 of the Food Safety and Standards (Contaminants, Toxins and Residues) Regulations, 2011 and a further test was conducted under the category of 'Dry Fruits and Nuts' under clause 2.3.47.5 of the Food Safety and Standards (Food Products Standards and Food Additives) Regulations 2011, (hereinafter referred as the Regulations). It was found that the 'cocoa bean' does not satisfy the specification of approved standards and accordingly they issued Ext.P6 stating that it contains contaminants which are not approved for food items. Contending that no standard has been fixed under the FSS Act or Regulations for 'cocoa bean' and the only standard available is under the Bureau of Indian Standards (for short BIS), the writ petition was filed contending that FSS Act and Rules are not applicable to 'cocoa bean'. It is contended that the 'cocoa bean' has to undergo further process to make it fit for human consumption and thereafter alone it has to comply with the standards fixed under the FSS Act and Rules. It is also contended that the test conducted for 'Dry Fruits and Nuts' has no application to 'cocoa bean' which is a seed of cocoa.