Court asks govt to state stand on release of consignment that was meant for export.
Gutkha manufacturing company Dhariwal Industries has moved
Bombay High Court against action taken by the Customs department to
seize gutkha worth Rs 2.5 crore at Nhava Sheva port. The consignment was
meant for export.
A division bench of Chief Justice Mohit Shah and Justice Anoop
Mohta on Thursday asked the Maharashtra government if it was willing to
release the consignment so that Dhariwal Industries can take it back to
Gujarat and export it from there. The court, however, clarified the
release would be subject to an undertaking by the company that it would
export the goods directly from Gujarat henceforth.
Dhariwal Industries’ petition states that the Food Safety
Commissioner had in a November 2012 letter directed the Commissioner of
Customs to stop export and import of tobacco products from any port in
the city. This was after a July 9, 2012 notification under the Food
Safety and Standards Act, 2006, that banned manufacture, distribution
and sale of gutkha and paan masala in Maharashtra.
Company’s counsel Milind Sathe argued that the notification does
not impose a ban on export of the products from Maharashtra. However,
appearing for the state government, Advocate General Darius Khambata
said the absence of the ban in the notification would not matter, as
under the Food Safety Regulations, the commissioner can prohibit the
export or import of any food product if it is found to be dangerous for
consumption.
The court has now asked the state government to clarify its stand on the issue and has kept the matter for hearing on Friday.
Banned substances worth Rs 1.7 cr seized in Mumbai to be destroyed in Pune
Six months after state FDA began seizing illegal gutkha and paan
masala, Rs 1.7 crore worth of banned substances confiscated in Mumbai
will be ferried to Pune to be destroyed. The goods will be loaded in
trucks from the FDA headquarters in Bandra Kurla Complex Friday and
taken to the solid waste management plant in Pune where it will be burnt
and the energy emitted will be used to generate electricity. The
decision was taken after months of deliberations on how the seized
substances could be disposed of.
“We had thought of destroying the stock at the
incinerator in Mankhurd. However, we were being charged Rs 26/kg by the
incinerator company, which was not feasible. Moreover, if the stock had
to be destroyed, it would be better to do so in a productive manner,”
said G V Jagtap, assistant commissioner (food), FDA.
Jan 12, 2013
Trade seeks more time to implement Food Safety Act
Madurai, Jan. 11:
Trade
and industry bodies have voiced their concern, yet again, over the
implementation of Food Safety and Standards Act ( FSS Act), relating to
registration and obtaining of licence and sought extension of time. The
last date has been fixed as February 2.A delegation from Tamil Nadu Foodgrains Merchants Association led by its president S.P. Jeyapragakasam met the Governor of Tamil Nadu K. Rosaiah , during his visit to the city on Thursday and submitted a memorandum, urging him to insist on Union Health Minister Gulam Nabi Azad to consider and extend the date, for a period of another two years.
Tamil Nadu Chamber of Commerce and Industries, in an appeal to Food Safety and Standards Authority of India (FSSAI), has sought an extension of time by a period of another one year, up to February 0, 2014. In a statement here it said that following representations made by various associations including the Chamber, the FSSAI, by a Statutory Advisory dated July 25, 2012, extended the time period granted to Food Business Operators for applying for registration/licence under the Food Safety and Standards Act 2006 up to February 4, 2013. According to the new Act, all those engaged in food products related trade and industry including packers, transporters, hotels, sweet stalls, marriage halls, etc., must register or obtain licence based on their turnover.
Lift food samples on daily basis: Qasba
Rising Kashmir News
Srinagar, Jan 10: Commissioner Srinagar Municipal Corporation (SMC), G N Qasba has emphasized on proper and effective implementation of provisions of Food Safety and Standard Act 2006. In a meeting with all Food Inspectors of the Corporation along with Health Officer, Qasba expressed concern over food safety measures.
He instructed Food Inspectors to ensure lifting of samples every day from food establishments and also from such units where food items are imported from outside the country, which shall be sent to the concerned laboratories for test results.
On finding any adulterated food item the offender shall be prosecuted under law. Food Safety officers shall conduct the random check of milk throughout the city on daily basis and substandard milk shall be destroyed on spot.
The meeting was attended by Joint commissioner Fayaz Ahmed Balla, Secretary SMC Hilal Ahmed Deewani, Senior Law Officer Qazi Ashraf, Senior Standing Counsel Bashir Ahmed Khan.
Srinagar, Jan 10: Commissioner Srinagar Municipal Corporation (SMC), G N Qasba has emphasized on proper and effective implementation of provisions of Food Safety and Standard Act 2006. In a meeting with all Food Inspectors of the Corporation along with Health Officer, Qasba expressed concern over food safety measures.
He instructed Food Inspectors to ensure lifting of samples every day from food establishments and also from such units where food items are imported from outside the country, which shall be sent to the concerned laboratories for test results.
On finding any adulterated food item the offender shall be prosecuted under law. Food Safety officers shall conduct the random check of milk throughout the city on daily basis and substandard milk shall be destroyed on spot.
The meeting was attended by Joint commissioner Fayaz Ahmed Balla, Secretary SMC Hilal Ahmed Deewani, Senior Law Officer Qazi Ashraf, Senior Standing Counsel Bashir Ahmed Khan.
Kerala challenges order on ‘chewing tobacco’
The state government on Thursday approached the Kerala High Court
challenging a single judge’s order which held that ‘chewing tobacco’ is
not an item of food coming within the purview of the Food Safety and
Standards Act, 2006.
The Single Judge found that since under the Regulation of the Food Safety and Standards (Prohibition and Restriction of Sales) Regulation, 2011, prohibits only the storage, sale or distribution of food products containing tobacco as an ingredient, so the authorities have no right to ban the sale of ‘chewing tobacco’. The court had also observed that tobacco and tobacco products are not food as defined under section 3 (J) of the Act, and it is not a food product as specified in the Regulation 2.3.4 of the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulation, 2011.
Appearing for the state, Special Government Pleader Tom K Thomas submitted that the findings of the Single Judge are contrary to the provisions of the law and principles laid down by the Supreme Court. “Chewing tobacco is not a food product is an incorrect finding. It is a food item containing tobacco, which is prohibited under the Food Safety Act. The quantity of tobacco, lime, aromatic spices are not specified in the label,” he submitted.
It further submitted that the person who eats ‘chewing tobacco’ consumes the essence derived out of chewing to get the desired result. Therefore, ‘chewing tobacco’ is essentially a food product and the findings by Single Judge is unsustainable.
The Single Judge found that since under the Regulation of the Food Safety and Standards (Prohibition and Restriction of Sales) Regulation, 2011, prohibits only the storage, sale or distribution of food products containing tobacco as an ingredient, so the authorities have no right to ban the sale of ‘chewing tobacco’. The court had also observed that tobacco and tobacco products are not food as defined under section 3 (J) of the Act, and it is not a food product as specified in the Regulation 2.3.4 of the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulation, 2011.
Appearing for the state, Special Government Pleader Tom K Thomas submitted that the findings of the Single Judge are contrary to the provisions of the law and principles laid down by the Supreme Court. “Chewing tobacco is not a food product is an incorrect finding. It is a food item containing tobacco, which is prohibited under the Food Safety Act. The quantity of tobacco, lime, aromatic spices are not specified in the label,” he submitted.
It further submitted that the person who eats ‘chewing tobacco’ consumes the essence derived out of chewing to get the desired result. Therefore, ‘chewing tobacco’ is essentially a food product and the findings by Single Judge is unsustainable.
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