Food safety detention unsustainable once lab test confirmed seized sago met prescribed standards and release was ordered.

Detention of seized sago could not be sustained once laboratory testing showed that the goods conformed to the prescribed food safety standards under Regulation 2.4.14(2) of the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011. Although the detention was initially based on suspected undervaluation, non-stop at the check post, and cancellation of the dealer's registration, the goods were produced for examination and samples were drawn. In view of the test report, the factual basis for continuing detention ceased to exist, and the impugned proceedings were set aside with a direction to release the goods forthwith.

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Issues: Whether the impugned detention notice could be sustained after the test report showed that the seized sago conformed to the prescribed standards.

Analysis: The detention was based on suspected undervaluation, non-stop at the check post, and cancellation of the dealer's registration. The goods were produced for examination, samples were drawn, and the laboratory report showed that the sago satisfied the standards under Regulation 2.4.14(2) of the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011. In view of that report, the basis for continuing the detention did not survive.

Conclusion: The detention notice was unsustainable and the impugned proceedings were set aside. The first respondent was directed to release the goods forthwith.

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