TaxTMI 
TaxTMI 
TaxTMI 
2015 (3) TMI 1178
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....ty of India (in short, FSSAI), dated 24.1.2013, in wholesale package if 'Best Before Date' and 'Expiry Date'are given, then two should be different and clearly specified, however, as regards the above said food item of the petitioner, both 'Expiry Date'and 'Best Before Date' are mentioned as one and the same, i.e. 2016/04/30. 3. According to the petitioner, a representation was made on 3.11.2014 to the first respondent, stating that as per Regulation 2.2.9 of the Food Safety and Standards (Pkackaging and Labeling) Regulations, 2011 (in short, the Regulations, 2011), it is sufficient that the date of manufacture and the best before date is given and that the said regulation was complied with and hence, refusing to draw the samples is arbitrary. Since no response evoked, the petitioner has filed the present writ petition. 4. A counter affidavit has been filed on behalf of the first respondent, wherein, it is stated that as per the guidelines issued by the FSSAI, in case of wholesale packages if contain both 'Best Before Date' and 'Expiry Date', the two should be different and clearly specified and not one and the same. On verfication ....
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.... which contain both 'best before date' and 'expiry date', they should be different and not one and the same. Though the petitioner was well aware of this since on earlier occasion, in similar situation arose, he has tendered an undertaking to the effect that he would not repeat the same, however, again he violated the regulation. Hence, the learned counsel for the first respondent sought for dismissal of the writ petition. 7. Before proceeding with the issue involved in this writ petition, it is appropriate to describe what is 'best before' and 'expiry'. 8. In Regulations, 2011, Regulation 1.2 denotes 'definitions', wherein, clause (1) defined 'best before' which reads under: "Best before" means the date which signifies the end of the period under any stated storage conditions during which the food shall remain fully marketable and shall retain any specific qualities for which tacit or express claims have been made and beyond that date, the food may still be perfectly safe to consume, though its quality may have diminished. However the food shall not be sold if at any stage the product becomes unsafe. Clause (10) defined "Use-by....
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....fore and expriy are given one and the same, i.e. 15.4.2014, the manufacturer can sell the product till 15.4.2014 by projecting the impression in the minds of the consumers that the product will be best till its expiry date. This is quite illogical since any packaged product will always diminish its quality in all respects day by day from the date of its manufacture and cannot be best till its expiry date. Therefore, in my opinion, when such a distinction is there between 'best before' and 'expiry date', the manufacturer of the product cannot be allowed to mention both 'best before' and 'expiry date' as one the same date. It may create perplexity in the minds of the consumers. 10. At this juncture, it is worthwhile to extract Section 23 of the Act, 2006, which reads as under: "23. Packaging and labelling of foods. (1) No person shall manufacture, distribute, sell or expose for sale or despatch or deliver to any agent or broker for the purpose of sale, any packaged food products which are not marked and labelled in the manner as may be specified by regulations: Provided that the labels shall not contain any statement, claim, design or device....
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.... the first respondent would contend that the FSSAI has issued guidelines, dated 24.1.2013, specifically directing the manufacturers to mention both best before date and expiry date differently in case of wholesale packages, if both dates are given and it has to be followed and that strict compliance principle is the requirement of the regulations dictated by public interest that would always prevail over any private interest of an importer. In support of his contentions, the learned counsel for the first respondent relied upon decisions reported in "Badsha versus Urmila Badshah Godse and another" reported in (2014) 1 SCC 188; "Ram Chander versus Nagar Nigam and others" reported in (2014) 1 SCC 199 and "Jai Prakash Singh veresus State of Bihar and another" reported in (2012) 4 SCC 379. The sum and substance of the contention of the learned counsel for the respondent is that where alternative constructions are possible, the court must give effect to that which will be responsible for smooth working of the system for which statute has been enacted and the Court may not exercise its discretion in derogation of established principles of law, rather it has to be in strict adherence to th....
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....cribes patterns of behaviour. It reflects the values of society. The role of the court is to understand the purpose of law in society and to help the law achieve its purpose. But the law of a society is a living organism. It is based on a given factual and social reality that is constantly changing. Sometimes change in law precedes societal change and is even intended to stimulate it. In most cases, however, a change in law is the result of a change in social reality. Indeed, when social reality changes, the law must change too. Just as change in social reality is the law of life, responsiveness to change in social reality is the life of the law. It can be said that the history of law is the history of adapting the law to societys changing needs. In both constitutional and statutory interpretation, the court is supposed to exercise discretion in determining the proper relationship between the subjective and objective purposes of the law." 15. Purpose of labelling is not to be ascertained by any one for diluting the rigorous of the regulations and importing the concept of substantial compliance therewith. It is not that validity of any provision is in issue. Strict compliance prin....