Cus - Cocoa Beans were found contaminated with fungal growth

Cus - Cocoa Beans were found contaminated with fungal growth – since Cocoa Beans is a 'food product' unless it is cleared by Food Safety & Standards Authority same cannot be released - Petition dismissed: High Court 

ERNAKULAM, June 19, 2014 : THE petitioner imported 132 bags of fermented and dried Coco Beans and certain other items under Bill of Entry. The Food Safety and Standards Authority of India (FSSAI), on inspection, found that Coco beans were contaminated with fungal growth. As per the prescribed standards, the materials should be free from fungus. According to the petitioner, after necessary fumigation, the fungal growth would be wiped off and there is no reason for detaining the goods.

The goods were not permitted to be released to the petitioner by the Commissioner of Customs, Cochin and it was proposed to either confiscate or destroy the same or to grantnecessary permission to re-export the materials, if it is permissible, as per the procedure prescribed.

The Petitioner has filed a WP before the Kerala High Court seeking a direction to the Commissioner of Customs to order release of the goods.

In the Counter affidavit filed, the Customs authorities elaborated the measures that are to be taken while importing food products. It is inter alia stated that import of all edible/food products including tea, domestic sale and manufacture of which are governed by Food Safety and Standards Act, 2006 and Rules thereunder, shall also be subject to the conditions laid down in the aforesaid Act and Rules framed thereunder and the import of all these products will have to comply with the quality and packaging requirements as laid down in the Act. As it is indicated that Cocoa Beans comes under `food product', coming within the schedule to the said Act, unless it is cleared by the FSSAI Department, it may not be possible for the petitioner to take release of the goods.

The Petitioner produced a certificate dated 13/05/2014 issued by the Director of Plant Protection, QuarantineStorage Department, Government of India indicating that the consignment has 'passed'.

The High Court observed that no specific details are mentioned in said certificate and at any rate, if the Customs wanted to clear the goods aforesaid, necessary permission from the FSSAI is required, which is a mandatory provision. It was also noted that the certificate would not render any assistance to the petitioner.

Holding that, in the factual circumstances, there is no reason to permit release of the aforesaid goods, the Writ petition was dismissed.

However, the petitioner was granted liberty to approach the respondent authority seeking re-export, if it is permissible, as per the procedure prescribed.