The main legal point established in the judgment is that a pulse mill owner is required to obtain a licence under the Food Safety and Standards Act, 2006 and the Regulations of 2011 for the purpose of obtaining or renewing a certificate of enlistment from Kolkata Municipal Corporation.

DEBANGSU BASAK, J.

1. Whether a pulse mill owner is required to obtain a licence under the Food Safety and Standards Act, 2006 and the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations 2011 for the purpose of obtaining/ renewing a certificate of enlistment from the Kolkata Municipal Corporation falls for consideration in the present writ petition.

2. The petitioner is an owner of a pulse milling unit. The petitioner claims himself to be the Secretary of West Bengal Das Para Essential Commodities Traders Welfare Organisation. According to the petitioner, it was granted a certificate of enlistment by Kolkata Municipal Corporation for the financial year 2016-2017. Such licence was required to be renewed on payment of specified fees. The petitioner deposited all fees for renewal of such certificate of enlistment. The same was not renewed. On enquiry, the petitioner learnt that, Kolkata Municipal Corporation was insisting upon licence from Food Safety and Standards Authority of India (FSSAI). According to the petitioner, a pulse mill unit is exempt from obtaining a licence under the Act of 2006 and the Regulations of 2011.

3. Learned Advocate for the petitioner refers to the provisions of the Regulations of 2011 particularly Regulation 2.1.2 dealing with licence for food business. He submits that, under sub-Regulation (3) and (4) licence for commencing of carrying on food business, which are not covered under Schedule 1, is to be granted by the concerned State/Union Territory Licensing Authority. He refers to Schedule 1 of the Regulations of 2011 particularly to V thereof and submits that grains, cereals and pulses milling units are exempted from the regulations of 2011. He refers to the download obtained from the Food Safety and Standards Authority of India website and submits that, such download deals with procedures of licensing. He draws the attention of the Court to the fact that, FSSAI, is of the view that, all food essential units excepting grains, cereals and pulses milling units are required to obtain licence. He refers to the clarification dated March 5, 2012 issued by FSSAI and submits that, such clarification misreads the Regulation of 2011.

4. Learned Advocate appearing for the Corporation submits that, Kolkata Municipal Corporation is the State Licensing Authority under the Act of 2006. He refers to the Act of 2006 particularly Section 3(1)(n) and Section 31(1)(2) of the Act of 2006. He submits that, petty manufacturer is defined in the Regulations of 2011. A pulse mill owner is obliged to make an application for grant of licence under the Act of 2006 in terms of Section 31(3) of the Act of 2006. He also refers to Regulation 2.1 of the Regulations of 2011. He submits that, a pulse mill owner is not exempted from obtaining licence under the Act of 2006.

5. Learned Advocate appearing for the FSSAI submits that, a pulse mill owner is obliged to obtain a licence under the Act of 2006.

6. As the preamble to the Act of 2016 states, the Act of 2006 came into being to consolidate the laws relating to food safety and to establish the Food Safety and Standards Authority of India for laying down the science based standards for articles of food and to regulate their manufacture, storage, distribution, sale and import to ensure availability of safe and wholesome food for human consumption and for matters connected therewith or incidental thereto. Section 3 of the Act of 2006 defines various words and phrases. Section 3(1)(n) defines “food business” to mean any undertaking, whether for profit or not and whether public or private, carrying out any of the activities related to any stage of manufacture, processing, packaging, storage, transportation, distribution of food, import and includes food services, catering services, sale of food or food ingredients. Section 31 of the Act of 2006 lays down that, no person shall commence or carry on any food business except under a licence. Therefore, in