FSSAI product approval unlawful and Unconstitutional

INDIA, India - July 6, 2014 - PRLog -- Mumbai high court termed FSSAI action of product approval unconstitutional and on Monday, by a majority judgment quashed, as unlawful, an advisory issued may 2013 by the Food safety and Authority for prior products approvals of food and health supplements already licensed and existing in the market under the erstwhile Food Adulteration Act 2006.

In the past there have been several complaints on the arbitrary functioning of the food safety authority, the learned judge reprimanded FSSAI official warning them to work under their scope of power and not to misuse the power of the authority.

The judgment stated “In the light of the above discussion, I hold that the  impugned advisory i.e.the product approval advisory dated 11^th May,  2013 issued by respondent No.2 has no force of law and is not within the  ambit and scope of the power conferred on respondent No.2- Food Authority under the provisions of the FSS Act, the Rules and the Regulations framed there under. Further it is held that respondent No.2– Food Authority had no power and authority to issue the impugned advisory on Product Approval under section 16(1), read with section16 (5), read with sections 18 and 22 of  the FSS Act, without  following the  procedure laid down under Sections  92 and 93 of the Act of placing the Advisories/Regulations before both the Houses of Parliament. “

The judgment was welcomed by the Food industry including the importing community. In the last one year FSSAI have gone beyond their ambit to stop imports of spices, apples, Chocolates, Olives, canola oil, Potato pellets, wines, alcohol and various other inter-mediatory ingredients. All major producers from PepsiCo, Coca Cola, Haldiram, and Bagry’s have been majorly affected by this unconstitutional clamp down from Food safety authority. Earlier Tata Starbucks has already won a case against FSSAI on the same product approval issue in the Mumbai High court .Sources in MOFPI have also confirmed that the Chairperson of the authority is autocratic individual and would not deter his course. His officers are more focused on flying to Europe a few times a year to understand CODEX .There is no scientific analysis or data published by FSSAI on safety concerns.

While we failed to get a comment from Food safety officials on the judgment, we thought it would be appropriate to pay them a visit which to our shock was not allowed as private security guards which were manning the reception didn’t allow to meet the officials. We were informed Mr. Dave Advisor was out of the Country for better understanding of international food laws, Mr. Pandian who is Director Imports refuse to take our call.

Industry sources have confirmed that FBO licensing is been made out to be a money making exercise by many Food safety officials and return of the License Raj. Many hopes are rested on the new Modi government to curtail the growth of the food industry.