2015 (1) TMI 532

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.... Standing Counsel with Ms. Shruti Yadav, Advocate & Shri Deepak Aggarwal, Proxy Counsel for FSSAI, for the Respondent. ORDER The petitioner imported a consignment of 1700 kgs. of alkalised cocoa powder and filed a bill of entry at ICD, Tughlakabad on 19-4-2014. 2. Apparently, the consignment was inspected on 1-5-2014 by the second respondent, i.e. Food Safety and Standards Authority ....

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....der possession of ICD/TKD. The consignment was inspected on 1-5-2014 in presence of importer/CHA's representative. The following discrepancy was observed : - Expiry date or best before date or use by date is not mentioned on the original label which is a mandatory requirement as per 2.2.2(10) of FSS (Packaging and Labeling) Regulations, 2011. Sticking of mandatory requirements is not permitted ....

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....olesale packages, which fulfil the labelling requirements of the FSSAI Regulations, then the same may be allowed. However, tampering of label and pasting of one label over the other label will not be permitted. (b)     A wholesale package can have either best before date/expiry date/use by date. In the case of wholesale packages, if both best before date and expiry date are ....

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....utes with respect to the label is not one that can be gone into in writ proceedings. As to whether the labels on the various packages, imported by the petitioner, were originally affixed by the manufacturer/exporter of the country of origin or not is an aspect which does not appear to have been considered or addressed by the authorized officer in his report of 5-5-2014. In the circumstances, the a....