Court rules coco beans not dry fruits/nuts under Food Safety Act. Directs release for analysis by Bureau of Indian Standards

The Court found that coco beans should not be classified as dry fruits or nuts under the Food Safety and Standards Act, 2006. As there were no specific standards for coco beans under the regulations, the Court directed the immediate release of the imported goods to the petitioner for analysis by the Bureau of Indian Standards before consumption, with the petitioner covering the analysis costs. The judgment disposed of the Writ Petition with these directions.

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Issues:
1. Whether Coco bean can be considered as a dry fruit or nuts under the Food Safety and Standards Act, 2006.
2. Whether the imported goods should be released to the petitioner based on the absence of prescribed standards for Coco bean.

Analysis:
1. The Writ Petitioner imported Coco bean from Indonesia, and the Certificate of Analysis by the Referral Food Laboratory stated that the sample did not conform to the standards for Dry Fruits and Nuts under the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011. The petitioner argued that Coco bean should not be classified as a dry fruit or nuts and should not fall under the Food Safety and Standards Act, 2006.

2. The second respondent refused to issue a No Objection Certificate (NOC) based on the non-conformity to food safety standards. In a related case, the Court dealt with fermented and dried coco beans, refusing to interfere with the action of the respondents due to contamination and categorizing coco beans as a food product under the Act. However, the Court in this case found that the standards applicable to dry fruits and nuts for the analysis of coco beans were procedurally erroneous. The Court noted that coco beans are seeds, distinct from dry fruits and nuts as defined in the regulations.

3. The Court highlighted that the Bureau of Indian Standards had prescribed standards for coco beans that differed from those for dry fruits and nuts under the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011. As there were no specific standards for coco beans under the regulations, the Court directed the immediate release of the imported goods to the petitioner. Additionally, the Court ordered the sample to be sent for analysis by the Bureau of Indian Standards before human consumption, with the petitioner bearing the analysis costs. The judgment concluded by disposing of the Writ Petition with the issued directions.

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