AMRUT DISTILLERIES LIMITED Vs. THE AUTHORIZED OFFICER, CHENNAI SEAPORT & AIRPORT, FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA AND ORS.

JUDGEMENT

(1.) Aggrieved by the order, dated 15.10.2014 passed by the first respondent, the petitioner has come forward with the present writ petition.

(2.) It seems that the petitoner had imported Active Dry Yeast vide Bill of Entry No.6898217, dated 26.9.2014, which was referred to the first respondent by the Customs Department for compliance under the Act. By the impugned order, dated 15.10.2014, it was informed to the petitoner that one of the food items, viz., Active Dry Yeast, does not meet the labelling requirement under Food Safety and Standards Act, 2006 (in short, the Act, 2006) and hence, the samples could not be drawn. The reason mentioned was that as per the guidelines issued by the Food Safety and Standards Authority of India (in short, FSSAI), dated 24.1.2013, in wholesale package if 'Best Before Date' and 'Expiry Date'are given, then two should be different and clearly specified, however, as regards the above said food item of the petitioner, both 'Expiry Date'and 'Best Before Date' are mentioned as one and the same, i.e. 2016/04/30.

(3.) According to the petitioner, a representation was made on 3.11.2014 to the first respondent, stating that as per Regulation 2.2.9 of the Food Safety and Standards (Pkackaging and Labeling) Regulations, 2011 (in short, the Regulations, 2011), it is sufficient that the date of manufacture and the best before date is given and that the said regulation was complied with and hence, refusing to draw the samples is arbitrary. Since no response evoked, the petitioner has filed the present writ petition.