Food safety scrutiny for imported cocoa beans continues despite no specific standard, with testing allowed to assess safety and quality.

The broad definition of "food" under the Food Safety and Standards Act, 2006 extends to cocoa beans used in food manufacture, so the absence of a specific cocoa-bean standard does not remove them from food safety scrutiny. Sections 25 and 47 permit the Food Safety Officer to sample and examine imported food to determine whether it is unsafe or sub-standard, and applicable standards may be considered where appropriate. Regulations for dry fruits and nuts were held inapplicable to cocoa beans, but that did not create an exemption from inspection. The imported goods, having been reported as mould-infested, remained subject to testing before clearance.

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Issues: Whether imported cocoa beans, for which no specific standard is prescribed under the Food Safety and Standards Act and the Regulations, can be cleared without examination by the Food Safety Officer and whether the authorities may insist on testing to ensure that the goods are not sub-standard or unsafe for human consumption.

Analysis: The definition of food in Section 3(j) of the Food Safety and Standards Act, 2006 is wide and includes primary food, ingredients, and substances used in manufacture for human consumption. Cocoa bean, being the seed of the cocoa tree and used in the manufacture of food products, falls within that broad regulatory framework. Although no specific standard was shown for cocoa beans, the statutory scheme in Sections 25 and 47 enables the Food Safety Officer to take samples of imported food and ensure that imported articles are neither unsafe nor sub-standard. The regulations relied on for dry fruits and nuts were held inapplicable to cocoa beans as such, but the absence of a specific entry did not exclude the product from food safety scrutiny. The goods had been reported as mould-infested and not conforming to the standard applied, and the proper course was for the Food Safety Officer to examine the product, including by reference to suitable standards such as BIS standards where appropriate.

Conclusion: The challenge to the Food Safety Officer's jurisdiction failed. The imported goods could not be treated as exempt from food safety testing merely because no specific cocoa-bean standard was prescribed, and the authorities were entitled to insist on examination to determine whether the goods were sub-standard or unsafe.

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