May 14th 2024.
In a recent ruling, the Nagpur bench of the Bombay High Court has overturned a decision made by the Food Safety Appellate Tribunal in Maharashtra's Buldhana back in 2016. The tribunal had issued a penalty on Tata Chemicals Limited and other companies for allegedly producing and selling substandard iodized salt.
Justice Anil L Pansare, who presided over the case, also directed the Food Safety and Standards Authority of India (FSSAI) to take measures to ensure that proper procedures are followed and transparency is maintained in future cases. This ruling came in response to an appeal filed by Tata Chemicals Limited and others against the 2016 order, which had imposed a penalty of Rs 2,00,000 on each appellant under the Food Safety and Standards Act, 2006.
The high court's decision highlighted several discrepancies and lapses in the case. For instance, the food analyst's report, which had labeled the product as misbranded, was challenged by the appellants. As a result, the matter was referred to the Referral Food Laboratory (RFL) for further analysis.
However, the RFL's report, which concluded that the product was substandard, did not provide sufficient reasoning for its deviation from the initial report. This lack of transparency raised concerns about the accuracy of the RFL's findings and the overall integrity of the process.
Furthermore, it was noted that the RFL had exceeded the allotted time frame for analysis, potentially compromising the integrity of the sample and its classification. The court emphasized the importance of following procedural guidelines, especially in matters of food safety, where public health and consumer trust are of utmost importance.
Justice Pansare stated in the order, "The RFL has apparently not followed the time limit stipulated in the Rules of 2011. The report, thus, suffers from noncompliance of mandatory provisions. The penalty cannot be imposed on the basis of such a report. The adjudicating officer as well as the tribunal have made unfounded conclusions."
In light of these critical observations, the high court quashed the previous orders and cleared all appellants of any wrongdoing. Additionally, it directed the FSSAI to issue appropriate advisories or circulars to ensure that proper procedures are followed and transparency is maintained in future cases. This ruling serves as a reminder of the importance of upholding procedural guidelines for the sake of public health and consumer trust.
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