Imported betel nuts may be released on plant quarantine results without further Food Safety testing or a No Objection Certificate.

Imported raw ungarbled betel nuts were treated as releasable on the basis of plant quarantine test results, because no specific standards had been prescribed under the Food Safety and Standards Act, 2008 for betel nuts. The court followed earlier authority that, in the absence of such standards, release could rest on available codex standards and precautionary measures only where warranted. Plant quarantine certificates issued under the Plant Quarantine (Regulation of Import into India) Order, 2003 and the Destructive Insects & Pests Act, 1914 were accepted as sufficient, and further testing or a No Objection Certificate under the Food Safety and Standards Act, 2008 was not insisted upon.

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Issues: Whether the imported raw ungarbled betel nuts were liable to be released on the basis of plant quarantine test results without insisting on testing and a No Objection Certificate under the Food Safety and Standards Act, 2008.

Analysis: The writ petition was decided by following an earlier judgment which had held that no standards were prescribed for betel nuts under the Food Safety and Standards Act, 2008 and that, in the absence of such standards, the authorities were to act on the available codex standards and other precautionary measures only if warranted. The plant quarantine certificates issued under Clause 3(16) of the Plant Quarantine (Regulation of Import into India) Order 2003 and Section 3(1) of the Destructive Insects & Pests Act, 1914 were relied on as the basis for release.

Conclusion: The consignments were directed to be released on the basis of the plant quarantine test results, and insistence on further testing and a No Objection Certificate under the Food Safety and Standards Act, 2008 was not accepted.

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