Mandatory food labelling requirements cannot be cured by post-arrival stickers where essential particulars remain non-compliant.

Imported proprietary food products must comply with mandatory food safety and labelling requirements before clearance, and post-arrival sticker labelling cannot cure deficiencies in particulars that are essential to safety, traceability and consumer choice, such as ingredients, manufacturer details, batch identification, manufacturing date, shelf life, country of origin and use instructions. Limited rectification in a bonded warehouse is confined to particulars expressly permitted by the regulatory framework, and labels affixed in India without permission from Customs or the warehouse authority do not make the goods compliant. The Delhi HC also directed coordination between Customs and the food safety authority, a protocol for clearance, and an inquiry into the unauthorised affixation of labels, while leaving the request for re-export for consideration in accordance with law.

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Issues: (i) Whether imported proprietary food products could be cleared when the packaging did not satisfy the mandatory labelling requirements under the food safety regime, and whether labels affixed after arrival in India could cure all deficiencies; (ii) whether the authorities were required to coordinate their procedure for clearance of imported food articles and whether the importer's request for re-export and related inquiry required directions.

Issue (i): Whether imported proprietary food products could be cleared when the packaging did not satisfy the mandatory labelling requirements under the food safety regime, and whether labels affixed after arrival in India could cure all deficiencies.

Analysis: The statutory scheme made compliance with food safety standards and packaging requirements mandatory for imported food articles. While some rectification of labels in bonded warehouses was permitted, the permissible scope was limited. Information such as the name of the food item, ingredients, nutritional particulars, manufacturer details, batch identification, manufacturing date, shelf life, country of origin, and instructions for use could not be treated as curable after import merely by affixing stickers in India, since such particulars were central to safety, traceability, and consumer choice and would ordinarily be within the knowledge of the manufacturer. The record also showed that the importer had affixed labels after arrival without permission from Customs or the warehouse authority, and the permitted rectifications under the food safety instructions were confined to limited particulars only.

Conclusion: The packaging deficiencies were not fully curable by post-arrival labelling, and the imported goods could not be treated as compliant on that basis.

Issue (ii): Whether the authorities were required to coordinate their procedure for clearance of imported food articles and whether the importer's request for re-export and related inquiry required directions.

Analysis: The coordination between Customs and the food safety authority was necessary to ensure uniform enforcement of the food safety and customs requirements. The Court directed that the issues be taken up by the coordination mechanism and that a protocol be drawn up and notified by Customs. It also required an inquiry into the unexplained affixation of labels in the warehouse without permission, with consequences for all responsible persons. The importer's request for re-export was not granted as such, but was left to be considered by the Customs authorities in accordance with law.

Conclusion: Directions were issued for coordination and inquiry, and the re-export request was left for consideration by the Customs authorities.

Final Conclusion: The petition was disposed of with directions reinforcing mandatory compliance with food labelling requirements, limiting post-import rectification to specified particulars, and requiring administrative coordination and inquiry into the unauthorised affixation of labels.

Ratio Decidendi: Imported food products must comply with mandatory safety and labelling requirements, and only those defects expressly permitted by the regulatory framework may be rectified after import; post-arrival sticker labelling cannot cure non-rectifiable particulars essential to traceability and consumer protection.

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