2015 (2) TMI 1139 - HC - Customs

Appellant's Betel Nuts Classified as Food Under FSS Act

The court concluded that the appellant's 'Ungarbled Betel Nuts' are classified as 'food' under the Food Safety and Standards Act (FSS Act). The Food ... Writ petition - Seeking No Objection Certificate for clearance of the betel nuts consignment - Consignment failed to confirm to the standards laid down by the notified laboratory and the referral laboratory - Held that:- the petitioner in the 'Bill of Entry' had not mentioned the product as 'Ungarbled Betel Nuts' but described the item as 'areca nuts (betel nuts)'. However, in the affidavit filed in support of the Writ Petition, the Appellant/Petitioner had endeavour to mention that the product is as 'Ungarbelled Betel Nuts'. When the Petitioner had applied to FICS which specifies inspection of the goods by drawing samples to find out/examination as to whether meets the required standards prescribed under Food Safety and Standards (Food Product Standards & Food Additives) Regulation 2011. In this connection, this Court very significantly points out that by Section 97(1) of the Food Safety and Standards Act (Prevention of Food Adulteration Act, 1954, was repealed) and only the ingredients of Food Safety and Standards Act, 2006 is applicable to all kinds of exports (including import made by the Appellant). Therefore, the view taken in the impugned order to the effect that the petitioner had miserably failed to make it any case for granting the relief claimed by the petitioner and suffers from no material irregularity or patent illegality in the eye of law. Therefore, No Objection Certificate is not to be granted. - Decided against the appellant Issues Involved:1. Definition and classification of 'food' under the Food Safety and Standards Act, 2006 (FSS Act) and the Prevention of Food Adulteration Act, 1954 (PFA Act).2. Whether 'Ungarbled Betel Nuts' fall within the ambit of 'food' or 'primary food' under the FSS Act.3. Applicability of food standards to 'Ungarbled Betel Nuts'.4. The role of the Food Safety and Standards Authority of India (FSSAI) in regulating the import of 'Ungarbled Betel Nuts'.5. The relevance of prior judgments and their applicability to the current case.Detailed Analysis:1. Definition and Classification of 'Food':The court examined the definitions of 'food' under both the PFA Act and the FSS Act. The PFA Act defines 'food' as any article used as food or drink for human consumption other than drugs and water, including any article used in the composition or preparation of human food. The FSS Act, however, provides a broader definition, including any substance whether processed, partially processed, or unprocessed, intended for human consumption, and includes primary food as defined under clause (zk) of Section 2.2. 'Ungarbled Betel Nuts' as 'Food' or 'Primary Food':The appellant argued that 'Ungarbled Betel Nuts' are not intended for human consumption in their imported form and thus should not be classified as 'food' under the FSS Act. The court, however, upheld the view that the definition of 'food' under the FSS Act is inclusive of any substance intended for human consumption, including primary food. The court referenced Section 3(j) of the FSS Act, which includes primary food to the extent defined under clause (zk), covering agricultural produce in its natural form.3. Applicability of Food Standards:The appellant contended that the food standards applicable to 'dry nuts' should not apply to 'Ungarbled Betel Nuts' in their raw form. The court, however, noted that the FSSAI's regulations under Section 2.3.47(5) provide for the analysis of imported betel nuts, and the standards set by the FSSAI are applicable to ensure the safety and quality of food products, including imported betel nuts.4. Role of FSSAI:The court supported the FSSAI's role in regulating the import of food products to ensure they meet safety standards. The FSSAI's decision to test the appellant's consignment and subsequent refusal to issue a No Objection Certificate due to non-conformity with the prescribed standards was upheld. The court emphasized the importance of the FSSAI's mandate to protect public health by ensuring that imported food products are safe for consumption.5. Relevance of Prior Judgments:The appellant relied on the Kerala High Court's decision in Al Marwa Traders Vs. Assistant Commissioner of Imports, which dealt with the classification of betel nuts under the PFA Act. The court distinguished this case, noting that the FSS Act's definition of 'food' is broader and more inclusive than the PFA Act. The court also referenced other relevant judgments, including the Supreme Court's decisions in Pyarali K. Tejani Vs. Mahadeo Ramchandra Dange and Dineshchandra Jamnadas Gandhi Vs. State of Gujarat, which supported a broad interpretation of 'food' to include any article consumed by humans.Conclusion:The court concluded that the appellant failed to make a case for granting the relief sought in the writ petition. The consignment of 'Ungarbled Betel Nuts' fell within the definition of 'food' under the FSS Act, and the FSSAI's standards and regulations were applicable. The court dismissed the writ appeal, confirming the order of the Learned Single Judge and emphasizing the importance of food safety regulations in protecting public health.