Curable labelling defect in imported food goods can be remedied by corrective relabelling instead of detention.

A curable labelling defect in imported sugar confectionery did not justify detention where the goods were otherwise safe for human consumption and the only objection concerned non-disclosure of the permitted seaweed ingredient, Agar Agar. The court treated the defect as capable of correction through permanent relabelling on all packages, subject to the Food Safety Department's satisfaction. It also noted that the goods had been sold internationally and that earlier identical consignments had been released without objection. Release was therefore permitted on compliance with the food safety and labelling requirements and issuance of the necessary no-objection certificate.

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Issues: Whether the imported sugar confectionery could be detained for alleged non-compliance with food safety and labelling requirements, or whether it could be released on affixation of a corrective label stating that it contained only the permitted seaweed ingredient "Agar Agar".

Analysis: The goods were found to be otherwise safe for human consumption, and the only doubt related to the label's failure to specifically disclose that the seaweed ingredient used was the permitted type "Agar Agar". The label objection was treated as curable, rather than as a ground to stop importation altogether. The Court accepted that the goods had earlier been sold internationally and that prior identical consignments had been released without objection. It therefore directed that the importer affix a permanent label on all packages stating that the product contained "Agar Agar" and no other seaweed, subject to satisfaction of the Food Safety Department.

Conclusion: The writ petition succeeded to the extent that importation was not prohibited, and release was permitted after corrective relabelling and issuance of the necessary no-objection certificate.

Final Conclusion: The detention was lifted conditionally, with compliance under the food safety and labelling regime made the basis for release of the imported goods.

Ratio Decidendi: A curable labelling defect, where the product is otherwise safe and the objection is limited to disclosure of a permitted ingredient, does not justify stopping importation if compliance can be achieved by corrective relabelling.

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