Food labelling and packaging disputes may be left to the statutory authority, with one-time relaxation considered on merits.

Alleged non-compliance with food packaging and labelling requirements, including omission of manufacture, packing and manufacturer/packer details, was treated as a technical issue within the statutory food safety framework. The Madras HC noted that such questions fall within the competence of the authority under the Food Safety and Standards Act, 2006, and should not ordinarily be decided in writ jurisdiction. The importer was therefore relegated to seek one-time relaxation before the competent authority, which was directed to consider the request on merits after hearing the petitioner.

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Issues: Whether the writ petition should be allowed for direct clearance of the imported food product, or the petitioner should be relegated to seek one time relaxation before the competent authority under the food safety regime.

Analysis: The rejection of the consignment was founded on alleged non-compliance with packaging and labelling requirements, including omission of manufacture/packing details and the name and address of the manufacturer/packer, leading to the view that the product was misbranded and could not be imported. The Court treated these objections as technical matters falling within the competence of the statutory authority under the Food Safety and Standards Act, 2006, and followed the earlier approach that such questions should not be decided in writ jurisdiction. It noted that the superior authority was empowered to consider whether one time relaxation could be granted, and therefore the petitioner was to be given that statutory opportunity.

Conclusion: The writ petition was not entertained for direct substantive relief and the petitioner was directed to seek one time relaxation before the competent authority, which was to consider the application on merits after hearing the petitioner.

Ratio Decidendi: Where alleged non-compliance with food labelling and packaging regulations raises technical issues within the statutory domain, the writ court may decline direct relief and relegate the importer to the competent authority for consideration of one time relaxation or other statutory remedy.

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