FSAT upholds order of adjudicating officer against Bunge India Pvt Ltd

JAMMU, Mar 23: Food Safety Appellate Tribunal (FSAT), Jammu established under Food Safety and Standards Act, 2006 upheld the judgment of Adjudicating Officers of District Samba in the case titled Food Safety Officer Purmandal V/s Bunge India Pvt. Ltd, Kurla Complex, Bandra East, Mumbai wherein penalty of Rs 4.7 lakh has been imposed on the accused parties.

The case was pleaded by Adv Kanav Raina, Standing Council of the department before the Food Safety Appellate Tribunal, Jammu. On June 6, 2015, Food Safety officer Purmandal, Samba, during a routine inspection of Food Park SIDCO Complex Bari Brahamna, inspected the manufacturing unit of M/S Khajuria Food Industry, Food Park SIDCO Complex, Bari Brahmana, district Samba, and observed that Bakery shortening (Lily Vanaspati) manufactured by Bunge India Pvt. Ltd. being used for manufacturing/ selling of food articles like rusk, biscuits, mathi, bakery, etc.

After disclosing his identity, the said Food Safety officer lifted the sample of Bakery Shortening and sent the same to the food testing laboratory Jammu for analysis. The Food Analyst Jammu vide his report No: FSSA/J/827 dated: 10.10.2015, opined that the sample was substandard and did not conform to the requirement of Regulation 2.2.6(2) of Food Safety and Standards (Food Products standards and Food Additive) Regulations 2011. Consequently, a complaint under Section 26(2)(ii) read with Section 51 of Food Safety and Standards Act 2006, was lodged against the seller/owner and distributor.

After conducting inquiry, the Adjudicating officer, Samba opined that all the accused parties have contravened Section 26(2) (ii) read with Section 51, Food Safety and Standards Act 2006, for manufacturing, distributing, and selling, the sub standard Bakery Shortening (Lily Vanaspati) and accordingly a penalty of Rs 2.5 lakh was imposed on the manufacturer M/S Bunge India Pvt Ltd MUMBAI, Rs 2 lakh on the distributor M/S AM ENTERPRISES, Ware House Jammu and also Rs 10,000/ each on M/S Khajuria Food Industry, Food Park SIDCO Complex, Bari Brahmana (seller/owner) wherefrom the sample was lifted.

The manufacturer and distributes preferred to file an appeal before the FSAT, Jammu against the order of Adjudicating Officer. The FSAT, Jammu after hearing the Advocate of both the parties is of the opinion that there are no irregularities or procedural infirmity in the impugned order and as such upheld the order of the Adjudicating Officer, Samba.