The Mumbai High Court recently heard Writ Petition No. 2746 of 2013, filed by Vital Nutraceuticals Pvt Ltd and Another against the Union of India and Another, and Justice V M Kanade ruling in the former’s favour by staying the Food Safety and Standards Authority of India (FSSAI) mandate of February 4, 2014, as deadline for product approval and licensing and registration [under Section 2.1.2 (3) of the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011], and according an extension of four weeks.
The petitioners would now be able to obtain copies of both, the deferring judgment and the judgment by the third bench, to whom the matter would be referred. The advisory by the country’s apex food regulator for product approval was dated May 11, 2013.
Dr Rajendra Sanghavi, chairman, nutraceutical sub-committee, Indian Drug and Manufacturers’ Associations (IDMA), explained to FnB News, “We filed a public interest litigation (PIL) against the order and the Mumbai High Court’s judgment was in our favour. It has given interim relief to the food business operators (FBOs) who were worried about the imposition of a fine amounting to Rs 5 lakh and six months’ imprisonment if found unlicensed and unregistered.”
Confirming the development, H G Koshia, food commissioner, Gujarat, Food and Drugs Controller Administration (FDCA), informed, “The Mumbai High Court has taken into consideration the peculiar facts and circumstances of the case and the problems of FBOs and extended the deadline for obtaining licences and registration by four weeks. The same extension has been granted to those seeking product approval.”
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