Kerala High Court today set aside the prohibition order against a leading food products company by the state Commissioner of Food Safety which had found added starch in samples of spices, observing that the adulteration did not pose any health risk.
The court noted that while the product was substandard as the manufacturer was trying to mislead the public, it did not warrant prohibition which is an ultimate act to avert harmful effect on health and the company should get one more opportunity to comply with the standards.
"...After which the Commissioner is free to take such means to put the public at alert about substandard product sold or to cancel the licence," it said.
The food safety officers had taken random samples of 'Nirapara' brand spices powder for analysis and found that the products contain added starch and 30 cases were registered.
The state Food Safety Commissioner had issued an order banning the manufacture, storage, sale and distribution of Nirapara brand of chilly, turmeric and coriander powder, manufactured by KKR Food Products, Kalady, under relevant provisions of the Food Safety and Standards Act of India, to protect the interest of consumers.
Challenging the order, the group movd the High Court.
Considering the case, Justice Muhammed Mustaque found that the Food Safety Commissioner acted with bona fide discharge of her functions.
The court also found that the petitioners' products are substandard.
However, the court held that the adulteration in the case would clearly indicate that it does not cause any health risk condition.
"It is not a food substance of unsafe nature. Prohibition is an ultimate act to avert harmful effect on health. Substandard in this context clearly indicate that the attempt of manufacturer is only to mislead the public or to make maximum gain of profit by adding starch or any extraneous substance," the court said.
It clarified that one more opportunity would be given to the petitioner to comply with the standard, after which the Commissioner is free to take such means to put the public at alert about substandard product sold or to cancel the licence.
The court noted that while the product was substandard as the manufacturer was trying to mislead the public, it did not warrant prohibition which is an ultimate act to avert harmful effect on health and the company should get one more opportunity to comply with the standards.
"...After which the Commissioner is free to take such means to put the public at alert about substandard product sold or to cancel the licence," it said.
The food safety officers had taken random samples of 'Nirapara' brand spices powder for analysis and found that the products contain added starch and 30 cases were registered.
The state Food Safety Commissioner had issued an order banning the manufacture, storage, sale and distribution of Nirapara brand of chilly, turmeric and coriander powder, manufactured by KKR Food Products, Kalady, under relevant provisions of the Food Safety and Standards Act of India, to protect the interest of consumers.
Challenging the order, the group movd the High Court.
Considering the case, Justice Muhammed Mustaque found that the Food Safety Commissioner acted with bona fide discharge of her functions.
The court also found that the petitioners' products are substandard.
However, the court held that the adulteration in the case would clearly indicate that it does not cause any health risk condition.
"It is not a food substance of unsafe nature. Prohibition is an ultimate act to avert harmful effect on health. Substandard in this context clearly indicate that the attempt of manufacturer is only to mislead the public or to make maximum gain of profit by adding starch or any extraneous substance," the court said.
It clarified that one more opportunity would be given to the petitioner to comply with the standard, after which the Commissioner is free to take such means to put the public at alert about substandard product sold or to cancel the licence.
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