Food safety compliance for imported betel nuts is determined by the standard in force at release, not import.

Aflatoxin compliance for imported betel nuts is to be tested against the food safety standard in force on the date of release of the goods, not the date of import. The court treated these standards as public health measures imposed in the interest of life and health, rather than as enforceable rights accruing to the importer under an earlier, more liberal regime. On that basis, the importer could not rely on the prior standard, and the consignments were found not to satisfy the applicable release-date requirement.

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Issues: Whether the standards for aflatoxin applicable to imported betel nuts are to be assessed at the time of import or at the time of release of the goods.

Analysis: The governing food safety standards were held to be regulatory measures meant to protect public health and not to confer any enforceable right on the importer. Importation of food articles remains subject to the prevailing policy and law when the goods are released. In view of the constitutional emphasis on protection of life and health, the importer's claim based on an earlier and more liberal standard could not prevail over the later applicable standard.

Conclusion: The applicable standard is the one in force on the date of release, not the date of import, and the consignments failed to satisfy that standard.

Ratio Decidendi: In matters involving food safety regulation, compliance is to be determined by the law in force at the time of release of the goods, because such standards are imposed in the public interest to protect health and life.

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