JUDGMENT

1. The applicant is a Food Business Operator and owner of M/s Ganesh Agencies and M/s Ganesh Foods. His plants are at M.I.D.C., Ahmednagar.

2. The Food Safety Officer, Mr. Kute, and others visited the Ganesh Agency of the applicant on 13, 07.2021. They drew samples of whey powder (DMO40 Milky Ocean) for analysis. After collecting the sample, the procedure of dividing the samples into four parts and sealing each as per the Food Safety and Standards Act, 2006 was done. The Safety Officer and his team seized the whey powder as per the procedure and delivered the remaining 48 bags into the custody of the applicant. After taking the samples, one of the samples was sent to the Food Analysis, Food and Drug, Mumbai, on 14/7/2021 for analysis. The Officers received the analysis report on 6/9/2021 with an expressed opinion that "the sample of whey powder conforms to the Standards of Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011 with respect to the above parameters". Later on, the Officer was changed. He has sent the sample to the Referral Food Laboratory at Mysore for test/analysis of the said powder by a letter dtd. 6/10/2021. The Referral