Re-processing of imported tomato powder allowed where excess moisture was remediable, with fresh testing after treatment.

Imported tomato powder found to have excessive moisture was treated as a remediable defect rather than a final basis for confiscation. The Tribunal noted that the product was a dry powder and that the excess moisture could be removed by re-processing such as heating. Relying on prior Tribunal view, it held that the consignment could be cleared under bond for re-processing with fresh sampling and testing afterwards. Confiscation and re-export were set aside, and further action was left open if the reprocessed goods still failed the prescribed standard.

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Issues: Whether imported tomato powder, found to have excessive moisture and treated as adulterated or misbranded under the food safety rules, could be allowed for re-processing instead of being confiscated and directed for re-export.

Analysis: The imported consignment was tested only on the moisture parameter, and the defect identified was that the moisture content exceeded the prescribed standard. The Tribunal noted that the product was a dry powder and that the excess moisture could be removed by heating or similar re-processing. Relying on the earlier Tribunal view that such consignments may be cleared under bond for re-processing, with fresh sampling and testing after re-processing, the Tribunal held that confiscation was not the proper course at that stage. If the reprocessed goods still failed to meet the prescribed standard, the law could take its own course thereafter.

Conclusion: The confiscation and re-export direction were set aside, and the goods were ordered to be cleared for re-processing subject to fresh testing and further action depending on the test result.

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