Only A Food Inspector Can Investigate A Commission Of Offence Related To Food Items As Per The FSS Act: Gauhati High Court
2 years, 9 months ago

Only A Food Inspector Can Investigate A Commission Of Offence Related To Food Items As Per The FSS Act: Gauhati High Court

Live Law  

A single-judge bench of the Gauhati High Court, comprising Justice Rumi Kumari Phookan held that only a Food Inspector can investigate a commission of offence related to food items as per the Food Safety Standards Act, 2006. The petitioner argued that such search and seizure had been made in utter disregard to the prescribed procedure under Section 102 CrPC and police authority has no power to seize such property in view of the provision of Section 30 of the FSS Act, which is a special Act. It was further contended that the product manufactured by the petitioner company was found to be sold and stored in Maharashtra, which was prohibited under the notification issued under Section 30 of the FSS Act. The court held that– "The fundamental rights of the petitioner to carry out the lawful business has been hampered for such illegal conduct on the part of the investigating officer…Impugned seizure list prepared is hereby quashed and set aside with a direction to release all the seized article to the petitioner forthwith, if not released yet…Petition is allowed with cost of Rs.2 lakhs to be paid by the respondent no.2 to the petitioner company, with a liberty to the petitioner to prefer claim damages before the appropriate forum."

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History of this topic

Bombay High Court Quashes Criminal Case Against Nestle India For Allegedly Making Maggi With 'Substandard Materials'
1 month, 1 week ago

Bombay High Court Quashes Criminal Case Against Nestle India For Allegedly Making Maggi With 'Substandard Materials'

Live Law  

The Nagpur bench of the Bombay High Court recently quashed a criminal case lodged against Nestle India for using "substandard" materials for producing "Maggi" and breaching the provisions of the Food Safety Standards Act. Single-judge Justice Urmila Joshi-Phalke noted that the Food Inspector at Nagpur sent the samples of Maggi seized on April 30, 2015, to a Referral Food Laboratory …

FSS Act | Date of Offence Would Be When Food Analyst Report Is Received, Not When Sample Was Collected: Allahabad HC
3 months, 3 weeks ago

FSS Act | Date of Offence Would Be When Food Analyst Report Is Received, Not When Sample Was Collected: Allahabad HC

Live Law  

The Allahabad High Court has held that under the Food Safety and Standards Act, 2006, the date of commission of an offence is determined by the receipt of the food analyst's report about unfit/unsafe food and not by the date when the sample of food is collected. A bench of Justice Arun Kumar Singh Deshwal observed thus while relying upon …

Delhi High Court Refuses To Entertain Writ Seeking Criminal Action Against Packaged Food Manufacturers For Using Excessive 'Added Sugar'
6 months, 1 week ago

Delhi High Court Refuses To Entertain Writ Seeking Criminal Action Against Packaged Food Manufacturers For Using Excessive 'Added Sugar'

Live Law  

The Delhi High Court today refused to entertain a writ petition seeking initiation of criminal proceedings under FSSAI Act against packaged food manufacturers, for using excessive added sugar in their products.Section 41 of the Food Safety and Standards Act, 2006 empowers the Food Safety Officer and Designated Officer to initiate prosecution against violators of the Act and the Rules. The …

Food safety officials uncover hygiene violations at dairy stores in Koti area of Hyderabad
7 months, 2 weeks ago

Food safety officials uncover hygiene violations at dairy stores in Koti area of Hyderabad

The Hindu  

The task force teams of Telangana’s Commissioner of Food Safety conducted inspections at various dairy stores in Koti area of Hyderabad on August 3 and uncovered several hygiene violations. The store also lacked Medical Fitness Certificates for food handlers and pest control records, and food handlers were observed without hair caps and gloves, according to a release. Additionally, the store …

Delhi High Court Upholds FSSAI Regulation To Enhance Statutory Warning Size On Pan Masala Packages
8 months, 2 weeks ago

Delhi High Court Upholds FSSAI Regulation To Enhance Statutory Warning Size On Pan Masala Packages

Live Law  

The Delhi High Court has upheld the Regulation issued by Food Safety and Standards Authority of India in October 2022 enhancing the size of statutory warning on pan masala packages from 3mm to 50% of front-of-pack of the label.A division bench comprising of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora dismissed the plea filed by Dharampal Satyapal …

FSSAI finds 32 fresh cases in alleged contravention of the provisions of Food Safety and Standards rules
1 year, 10 months ago

FSSAI finds 32 fresh cases in alleged contravention of the provisions of Food Safety and Standards rules

The Hindu  

The Food Safety and Standards Authority of India’s In a release, the FSSAI said that food products scrutinised included health supplements, organic products, fast moving consumer goods products, staples etc., and some of the As per the provisions of the Food Safety and Standards Regulations, 2018, deceptive claims or The cases have referred to the concerned licensing authorities, directing that …

'Many Food Articles Having Ingredients Sourced From Animals Are Passed Off As Veg': Delhi HC Orders Full Disclosure Of Manufacturing Ingredients
3 years, 3 months ago

'Many Food Articles Having Ingredients Sourced From Animals Are Passed Off As Veg': Delhi HC Orders Full Disclosure Of Manufacturing Ingredients

Live Law  

Observing that many food articles which have ingredients sourced from animals are passed off as vegetarian by affixing the green dot, the Delhi High Court has directed that there should be full and complete disclosure of all the ingredients which go into the manufacture of any food article.Justice Vipin Sanghi and Justice Jasmeet Singh was of the view that the …

Are Tobacco Products 'Food' Under Food Safety Act? Andhra Pradesh High Court Refers Issue To Division Bench
3 years, 6 months ago

Are Tobacco Products 'Food' Under Food Safety Act? Andhra Pradesh High Court Refers Issue To Division Bench

Live Law  

The Andhra Pradesh High Court has referred to division bench the issue whether tobacco products can be considered as 'food' under the Food Safety and Standards Act, 2006.Justice R. Raghunandan Rao, while considering a batch of writ petitions disagreed with earlier single bench view that Chewing Tobacco, Pan Masala and khaini cannot be treated, under the Food Safety Act, as …

Presence Of Magnesium Carbonate: Gauhati HC Directs Authorities To Test Pan Masala Products Available In Market
5 years, 1 month ago

Presence Of Magnesium Carbonate: Gauhati HC Directs Authorities To Test Pan Masala Products Available In Market

Live Law  

The Gauhati High Court has directed the state of Assam to take appropriate action under the Food Safety & Standards Act, 2006, against all those Pan Masala manufacturing companies whose products contain the Magnesium Carbonate compound. The petitioner being a social worker had taken so much pain and vide letter dated 20.12.2019 approached the laboratory in respect different chemical present …

Swiggy, Zomato, UberEats, Foodpanda remove 10,500 restaurants for violating food safety law
6 years, 3 months ago

Swiggy, Zomato, UberEats, Foodpanda remove 10,500 restaurants for violating food safety law

Live Mint  

New Delhi: As many as 10,500 restaurants have been de-listed by e-commerce firms like Zomato and Swiggy for not having license or registration under the food safety law, Parliament was told Friday. Minister of state for health Ashwini Kumar Choubey said the Food Safety and Standards Authority of India or FSSAI in July directed food e-commerce firms to de-list the …

No Conflict Between Mumbai Municipal Corporation Act And FSS Act, License For Carrying Catering Business Mandatory: Bombay HC [Read Judgment]
6 years, 7 months ago

No Conflict Between Mumbai Municipal Corporation Act And FSS Act, License For Carrying Catering Business Mandatory: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court has upheld the vires of Section 394 of the Mumbai Municipal Corporation Act of 1888 and ruled that a license under the provision is mandatory in order to carry on a catering business.A division bench of Justice SC Dharmadhikari and Justice Anuja Prabhudessai held that the objective of the Food Safety and Standards Act is to …

Food production units violate law despite raids
8 years, 9 months ago

Food production units violate law despite raids

Deccan Chronicle  

THRISSUR: The food production units are violating the law due to the alleged failure of the Food Safety officials to prosecute and impose heavy fines on adulteration and breaking of registration/licence norms. The Assistant Food Safety Commissioner office in Thrissur has received a complaint over a product named ‘Organic Flavours,’ a product of Fourstar Naturals, Thrissur, which has allegedly violated …

Bombay High Court upholds the Constitutionality of Food Safety and Standards Act 2006 [Read the Judgment]
9 years, 6 months ago

Bombay High Court upholds the Constitutionality of Food Safety and Standards Act 2006 [Read the Judgment]

Live Law  

In a significant judgment rendered by the Bombay High Court on 16.09.2015, the constitutionality of the Food Safety and Standards Act 2006 has been upheld. Several merchant, traders, hoteliers and dealers in food items had moved the High Court under the collective of associations like ‘The Association of Traders carrying the various business of Food Items’, ‘Mumbai Mewa Masala Merchants’ …

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