NILAGIRI TEA EMPORIUM Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) In this batch of writ petitions the constitutional validity of the prohibition imposed against addition of flavouring matter to tea is questioned.

(2.) Appendix B to Prevention of Food Adulteration Rule, 1955 (hereinafter referred to as 'the Rules') refers to certain items of food and defines the standards of their quality. Item A-14 of the Appendix defines 'tea' and lays down the specifications therefor. Before imposition of prohibition against the addition of flavouring matter, the specification prohibited addition of any colouring matter besides prescribing other standards. However, through G.S.R. No. 848 (E), dt. 19-11-1983 the Central Government by virtue of its powers conferred by Section 23 of the Prevantion of Food Adulteration Act, 1954 (hereinafter referred as 'the Act') brought-in an amendmeht to Item A-14 and extended the prohibition to the addition of any favouring matter also to tea. It is this amendment that has been attacked in this batch.

(3.) Firstly, it is contended that the petitioners, were not affordable with a sub-stantial opportunity of hearing by the Central Committee for Food Standards, (hereinafter referred to as 'the Committee') constituted under Section 3 of the Act to advise the Central Government to bring-in the impugned amendment. To appreciate this contention, it is necessary to refer to the process that preceded before the impugned amendment is brought-in. As already noted Appendix-B, a supplement to Rule 5, dennes the standards of quality of various items of food. On 15-11-1980 through the Gazette of India.Part-II, the Central Government made a notification preparing to bring in several amendments to Appendix-B, one such being amendments to item A-14, in the following terms: