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        Case ID :

        2012 (3) TMI 609 - HC - Customs

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        Affixed sticker can meet food labelling requirements, and sample testing cannot be refused solely for non-printed particulars. A securely affixed sticker can satisfy the Food Safety and Standards labelling requirement if it carries the prescribed particulars, because the statutory ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                        Provisions expressly mentioned in the judgment/order text.

                          Affixed sticker can meet food labelling requirements, and sample testing cannot be refused solely for non-printed particulars.

                          A securely affixed sticker can satisfy the Food Safety and Standards labelling requirement if it carries the prescribed particulars, because the statutory definition of "label" is broad enough to include matter attached to a package. The regulations require the information to appear on the package, but do not insist that it be printed on the original wrapper by the manufacturer. Sampling for laboratory testing cannot be refused solely on the ground that the particulars were shown by sticker rather than print, especially where the regime is aimed at consumer information and product safety.




                          Issues: Whether the respondents were justified in refusing to draw samples from the imported food goods on the ground that the mandatory particulars were shown by a sticker affixed to the package instead of being printed on the wrapper or container.

                          Analysis: The statutory definition of "label" under the Food Safety and Standards Act is wide enough to include matter attached to a container, cover, lid or crown of a food package, including a sticker securely affixed to it. The applicable packaging and labelling regulations required the necessary information to be carried on the package, but did not establish a rule that the particulars must necessarily be printed on the original wrapper by the manufacturer. The Court also noted that the object of the labelling regime is consumer information, while the nature and safety of the imported goods could still be examined by sampling and laboratory analysis. The ad hoc import-clearance guidelines and the regulation concerning wholesale packages also supported the view that certain labelling deficiencies could be rectified and that the goods should not be denied testing merely because particulars were affixed by label.

                          Conclusion: The refusal to draw samples on the stated ground was not justified, and the impugned communication was liable to be set aside.

                          Final Conclusion: The imported goods were directed to be sampled and tested, and their release was made conditional upon the goods being found fit for human consumption and upon payment of applicable duty.

                          Ratio Decidendi: Under the Food Safety and Standards regime, a label affixed to a package can satisfy the labelling requirement if it securely carries the prescribed particulars, and sampling for safety testing cannot be refused solely because the information is not printed on the original wrapper.


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                          ActsIncome Tax
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