2015 (1) TMI 532

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....av, 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 of India (FSSAI). Subsequently, on 5-5-2014....

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.... 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 as per Guideline of FSSAI issued from time to time. Safety o....

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....I 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 given, then the two should be different and clearly specified." 4.&ems....

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....edings. 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 authorized officer shall after giving due notice to the petitioner inspect the....