Imported Goods Contaminated with Fungus Denied Release, Must Comply with Food Safety Laws

The court denied the release of goods contaminated with fungal growth, emphasizing the requirement of Food Safety and Standards Act, 2006 compliance for imported food products. The petitioner's argument for fumigation to eliminate contamination was dismissed, and the petition for release was rejected. However, the petitioner was given liberty to seek re-export permission from the relevant authority in accordance with prescribed procedures.

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Issues:
1. Release of goods detained due to fungal contamination.
2. Compliance with Food Safety and Standards Act, 2006 for imported food products.

Analysis:
1. The petitioner sought the release of goods imported under Ext.P6 Bill of Entry, including 132 bags of fermented and dried Coco Beans found contaminated with fungal growth by the Food Safety and Standards Authority of India (FSSAI) as per Ext.P7 report. The petitioner argued that after fumigation, the fungal growth would be eliminated, justifying the release of goods. However, the 1st respondent indicated that import of food products, including cocoa beans, falls under the Food Safety and Standards Act, 2006, requiring clearance by FSSAI before release. The court noted the necessity of compliance with quality and packaging requirements under the Act, leading to the dismissal of the petition for release of goods.

2. The 1st respondent highlighted the mandatory requirement of FSSAI clearance for imported food products, emphasizing the need for permission from FSSAI for Customs clearance. Despite the petitioner presenting Ext.P9, a certificate from the Director of Plant Protection, Quarantine & Storage Department, Government of India, indicating the consignment as 'passed', the court deemed this insufficient without FSSAI approval. The judgment dismissed the petition for release but granted the petitioner liberty to seek re-export permission from the respondent authority following prescribed procedures.

In conclusion, the judgment denied the release of goods due to fungal contamination, emphasizing the necessity of FSSAI clearance under the Food Safety and Standards Act, 2006 for imported food products. The petitioner was granted the opportunity to explore re-export options following the prescribed procedures.

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