2015 (1) TMI 1386 - HC - Customs

Court rules on standards for raw betel nuts under Food Safety Act

The court ruled in favor of the petitioner, holding that the Food Safety and Standards Act, 2008 does not have specific standards for raw un-garbled betel ... Applicability of Food Safety and Standards Act to raw un-garbled betel nuts - Requirement of No Objection Certificate from FSSAI where no prescribed standards exist - Reliance on Codex Alimentarius and sanitary and phytosanitary measures in absence of domestic standards - Plant Quarantine certification as basis for release of imported agricultural consignmentsApplicability of Food Safety and Standards Act to raw un-garbled betel nuts - Requirement of No Objection Certificate from FSSAI where no prescribed standards exist - Reliance on Codex Alimentarius and sanitary and phytosanitary measures in absence of domestic standards - Whether raw un-garbled betel nuts attract the provisions of the Food Safety and Standards Act, 2008 and whether FSSAI clearance (No Objection Certificate) can be mandated in the absence of prescribed standards. - HELD THAT: - The Court applied the earlier decision recorded at Ext. P13, which held that there are no prescribed standards for betel nuts under the Food Safety and Standards Act, 2008. In that situation the authority must have regard to any applicable standards in the Codex Alimentarius and, if none exist, take measures consistent with sanitary and phytosanitary (SPS) obligations. The Court noted that goods cannot be refused release merely because FSSAI standards are not prescribed; refusal requires formation of an opinion that the consignment cannot be rendered fit for human consumption even after available processes. On these foundations the mandate for mandatory FSSAI testing and a No Objection Certificate was not sustained as an absolute precondition where no standards are prescribed.Held that in the absence of standards for betel nuts under the FSS Act, mandatory FSSAI NOC/testing cannot be imposed as an absolute bar to release; authorities must follow Codex/SPS guidance and may refuse release only upon a positive opinion that the consignment cannot be made fit for consumption.Plant Quarantine certification as basis for release of imported agricultural consignments - Release of goods by Customs on plant quarantine clearance - Whether consignments of raw un-garbled betel nuts certified by Plant Quarantine authorities should be released by the Customs/ports authorities despite the impugned conditions requiring FSSAI clearance. - HELD THAT: - The petitioner produced Plant Quarantine certificates (Exts. P9 to P12) issued under the Plant Quarantine (Regulation of Import into India) Order, 2003 and the Destructive Insects & Pests Act, 1914, recommending release of the imported goods. Applying the reasoning in Ext. P13 and having regard to the Plant Quarantine recommendations, the Court directed that the consignments covered by Exts. P1 to P4 (bill of entries) be released on the basis of those plant quarantine test results. The Court exercised its writ jurisdiction to require release without imposing the contested FSSAI NOC condition where the statutory quarantine clearance had been given and no domestic FSS standards existed to block release.Directed the third respondent to release the consignments covered by the specified bill of entries on the basis of the Plant Quarantine certificates within three days of receipt of a copy of the judgment.Final Conclusion: Writ petition disposed of; consignments to be released by the Customs/port authority on the basis of the Plant Quarantine certificates within three days of receipt of this judgment; no costs. Issues:1. Interpretation of provisions under the Food Safety and Standards Act, 2008 regarding raw un-garbled betel nuts import.2. Validity of the requirement for testing and obtaining a No Objection Certificate from FSSAI for clearance of raw betel nuts.3. Release of consignments based on plant quarantine test results without the need for further testing under the Act.4. Application of standards for betel nuts under the 'codex alimentarius' in the absence of specific standards under the Act.Analysis:The petitioner sought declarations and writs challenging the applicability of the Food Safety and Standards Act, 2008 to the import of raw un-garbled betel nuts. The counsel argued that a previous judgment established that betel nuts lack specific standards under the Act, and in the absence of such standards, the authority should follow 'codex alimentarius' standards or take precautionary measures under sanitary and phytosanitary measures. The court agreed with this interpretation and directed the third respondent to release the consignments based on plant quarantine test results, as per certificates issued under relevant regulations and Acts. The judgment emphasized that goods cannot be refused release without sufficient grounds to deem them unfit for human consumption, even after undergoing other processes.The court held that the requirement for testing and obtaining a No Objection Certificate from FSSAI for clearance of raw betel nuts was not justified in the absence of specific standards under the Food Safety and Standards Act, 2008. The judgment highlighted the importance of following established protocols and certifications, such as plant quarantine certificates, to determine the suitability of imported goods for release. It emphasized the need for a clear opinion on the unsuitability of consignments for human consumption before withholding their release, as per relevant regulations and Acts.Regarding the release of consignments based on plant quarantine test results without further testing under the Act, the court directed the third respondent to release the consignments under specific bill of entries within a short period from the date of the judgment. This decision was based on the plant quarantine certificates issued in accordance with relevant regulations and Acts, indicating the suitability of the imported goods for release. The judgment underscored the importance of adhering to established procedures and certifications to facilitate the smooth clearance of goods without unnecessary delays or requirements.In conclusion, the judgment clarified the application of standards for betel nuts in the absence of specific provisions under the Food Safety and Standards Act, 2008. By referencing 'codex alimentarius' standards and relevant agreements, the court provided a framework for determining the suitability of imported goods and emphasized the need for adherence to established protocols and certifications to facilitate the timely release of consignments.