TaxTMI 
TaxTMI 
TaxTMI 
2013 (9) TMI 251
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.... Food Safety and Standards Act, 2006 and Rules, Regulations 2011 made thereunder and hence samples could not be drawn for further testing. The labeling requirements which were not met for each of the items were specified as under: 1. White Wine i. Date of manufacture and Date of Expiry not labeled (due to which the remaining shelf life of the product could not be ascertained as per the DGFT Notification No.22 (RE-2001)/1997-2002 dated 20.7.2001 not labeled. ii. Ingredients list, not labeled iii. Name and address of the importer, Nutritional facts and Vegetarian symbol not labeled. 2. Red Wine i. Date of Manufacture and Date of Expiry not labeled (Due to which the remaining shelf life of the product could not be ascertained as per the DGFT Notification No.22 (Re-2001/1997-2002 dated 30.07.2001). ii. Ingredients list, not labeled. iii. Name and address of the importer, nutritional facts and vegetarian symbol, not labeled 3. Extra Virgin Olive oil. i. Two dates were printed on the product but it is not mentioned as Manufacture Date and Expiry Date. Further the labels are in language other than English. ii. Batch Number not labeled. iii. The language printed on the label is....
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....n on the minimum labeling requirements and rectification of labeling defects. Moreover, as pointed out by the appellant the issue was moved by the Distillers Association of Maharashtra and Confederation of Indian Alcoholic Association of Beverages Companies and Importers before the Hon'ble High Court of Bombay is still pending, the FSSAI authorities should have taken a lenient view. Regarding the Extra virgin Olive oil the FSSAI authorities observed that the two date mentioned on the packages did not indicate manufacture or expiry dates and the language mentioned therein is other than English. Batch number, name and address of the importer, Nutritional facts and vegetarian symbol are not there. The appellant contended that except for the name and address of the importer all other details were available and they produced the complete test report translated in English. The deficiency in labeling requirements pointed out by the FSSAI authorities are minor defects rectifiable by their own Ad-hoc guidelines dated 20.05.2011 in F.No.1/2008/Import safety/FSSAI and guideline dated 23.03.2012. The lower authority is directed to allow the appellant to ....
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....earance Process by FSSAI's Authorized Officers- Reg. The undersigned is directed to refer the above mentioned subject and to convey herewith the following instructions for compliance till further orders, 1. The exemption provided in PM, 1954 regarding declaration of best before date of consumption, is applicable only in case of wines (generally containing alcohol between 11-16% V/V), Liquors (generally containing alcohol 42.8% VPI) and other alcoholic beverages (containing 10% or more alcohol by volume), wherein the quantity of alcohol itself acts as preservative-. However, the above exemption will not be applicable in case of wines labelled as Non-alcoholic/De-alcoholised wine and declaration of best before date for consumption shall be applicable in such circumstances. 2. Clearance of Imported alcoholic beverages may be considered as per usual procedure subject to the condition that minor labelling defects viz. Name and address of importer, Veg./Non-Veg. Symbols and Best before/Expiry date, may be rectified in the custom's warehouse under supervision of customs department and the custom department shall ensure the labelling requirements prior to releas....
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....in the writ petitions. The Central Government is directed to file a counter at the earliest or at least take steps to ensure that all writ petitions challenging the validity of the Act and the Regulations are brought to the notice of the Honourable Supreme Court. 11. I have considered submissions on both sides. I find that the Bill of Entry was filed on 29-07-2011. The Food Safety Standards Regulations (Packaging and Labeling) Regulation 2011 notified on 01-08-2011. But even prior to notification of the regulations administrative instructions were in force as observed by the Hon Madras High Court in the case of Avenue Impex (Supra). Para 8 of the order is re-produced below:- 8. The Director General of Health Services has sent a letter dated 30th Oct, 2002, to all Food (Health Authorities, all Port Health Officers/Airport Health Officer, all Customs Officers and all Central Food Laboratories and Public Analyst Laboratories with regard to the analysis of imported food products. It is stated among other things in the said letter that PHOs /APHOs and Customs Officers are requested to check the labels of imported foods as per the provisions of the PFA Act and the Rules ....