Appellate Tribunal upholds penalty on Nova Brand Skimmed Milk Powder

SRINAGAR, Sept 15: The Food Safety Appellate Tribunal, Srinagar has upheld the order by Adjudicating Officer, Anantnag, imposing a penalty of Rs 4.00 lakh on the manufacturer of the food product Nova Brand Skimmed Milk Powder for manufacturing and selling substandard skimmed milk powder.

Dismissing the appeal, filed by the manufacturer in the High Court, the Appellate Tribunal observed that it did not find any merit in the appeal. “The amount of penalty recovered from the appellant company which stands deposited in FDR with J&K Bank, Branch Old Secretariat, Srinagar be deposited in the Government Treasury along with the interest accrued thereon under rules after the period of appeal is over,” the court said.

A complaint under Section 26(2)(ii) of Food Safety & Standards Act, 2006 punishable under Section 51 of FSS Act, 2006, was filed by the enforcement authorities of Drug and Food Control Organization before the court of Adjudicating Officer, Anantnag against . Kuldeep Saluja, Laxmi Narian, Managing Partners of M/S Sterling Agro Industries Limited, Ghironji Industries Area Malanpur District Blind (MP) (Manufacturer of Nova Brand Skimmed Milk Powder), among others, for manufacturing and selling substandard skimmed milk powder.

After completion of enquiry, the Adjudicating Officer, Anantnag imposed a penalty of Rs 4.00 lakh on the manufacturer of the food product (Nova Brand Skimmed Milk Powder). The order impugned imposing penalty on the manufacturer was challenged before the High Court of J&K, at Srinagar. As soon as the Food Safety Appellate Tribunal, Kashmir became functional in the, month of January, 2017, the High Court at Srinagar directed the Registry to send the petition along with complete paper book to the Food Safety Appellate Tribunal, Srinagar.

The Food Safety Appellate Tribunal, Srinagar observed that the skimmed milk powder was meant for distribution among different Anganwari Centers of district Anantnag. The company cannot escape its liability as because it is the manufacturer of this skimmed milk powder (Nova Brand) that was meant for human consumption, more so by children who are prone to be affected even by a slightest adulteration in a food product.