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2011 Supreme(SC) 593

R.V.RAVEENDRAN, B.SUDERSHAN REDDY
Academy of Nutrition Improvement – Appellant
Versus
Union of India (UOI) – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: Aurobindo Ghose, Balraj Dewan, Vishwajit Singh and Himanshu Munshi, Advs.
For Respondents/Defendant: Naresh Kaushik, Sadhana Sandhu, D.S. Mahra, Sushma Suri and B.B. Singh, Advs.

JUDGMENT

R.V. Raveendran, J.

1. The Petitioners have sought a declaration that the Prevention of Food Adulteration (Eighth Amendment) Rules, 2005 [vide Notification No. GSR 670(E) dated 17.11.2005 of the Ministry of Health and Family Welfare, Government of India] is unconstitutional and invalid. The grievance is primarily in regard to Rule 44I inserted in the Prevention of Food Adulteration Rules 1955 by the said Amendment Rules. The said Rule reads as follows:

44 1. Restriction on sale of common salt - No person shall sell or offer to expose for sale or have in his premises for the purpose of sale, the common salt, for direct human consumption unless the same is iodized:

Provided that common salt may be sold or exposed for sale or stores for sale for iodization, iron fortification, animal use, preservation, manufacturing medicines, and industrial use, under proper label declarations, as specified under Clause (22) of Sub-rule (zzz) of Rule 42.

The incidental challenge is to consequential amendments to the Rules by insertion of Rule 43(zzz)(22) which reads as under:

Rule 43(zzz)(22). Every container or package of common salt shall bear the following label, namely:

COMMON SALT FOR IODISATI





































































































































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