Curable labelling defects in imported chocolates can be rectified by relabelling before refusal of clearance.

Imported chocolates were not liable to rejection for curable labelling defects in secondary packing where the description "compound chocolates" did not indicate any intent to mislead consumers and could be corrected by relabelling. The court also accepted that the omission or inadequacy of the declaration on vegetable fats or oils, assessed only on visual examination and declarations without testing, could be remedied by allowing the labels to be corrected to meet food safety requirements. The proper course was to permit relabelling and then issue the NOC, rather than refuse import on the stated grounds.

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Issues: Whether the rejection of the imported chocolates for alleged labelling and product-description discrepancies was sustainable, and whether the petitioner was entitled to cure those defects by relabelling and obtain the necessary NOC.

Analysis: The dispute turned on two surviving objections: the use of the description "compound chocolates" on the cartons, and the omission or inadequacy of the declaration regarding vegetable fats or oils. The carton description was treated as a matter of nomenclature in secondary packing, and the product was found to fall within the broader category of chocolates recognised under the food standards. The objection was held not to show any intent to mislead consumers, and the defect was considered capable of being cured by relabelling. As to the second objection, the imported goods had not been tested and the authorities proceeded only on visual examination and declarations. On the material before the Court, the proper course was to permit correction of the labels to reflect the required declaration and then issue the NOC.

Conclusion: The petitioner succeeded on both surviving objections, and the respondents were directed to allow relabelling to cure the defects and thereafter issue the NOC.

Final Conclusion: The import could not be refused on the stated grounds once the curable labelling deficiencies were permitted to be rectified.

Ratio Decidendi: A food import may not be rejected for a curable labelling or nomenclature defect in secondary packing where the defect does not establish consumer deception and can be rectified by permitting relabelling in accordance with the applicable food safety regulations.

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