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ANITA SUMANTH
Shree Sai Traders, Rep. by its Proprietor G. Sangeetha – Appellant
Versus
Commissioner of Food Safety, Chennai – Respondent
ORDER :
Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India, praying to issue a writ of certiorari, to call for the Notification No.VI(1)/155(a)/2017, dated 23.05.2017 on the file of the respondent and to quash the same as illegal as far as the 'Chewing Tobacco' is concerned.
The petitioners are traders in chewing tobacco and registered dealers on the files of the State Commercial Tax Authorities. They challenge a notification issued by the Commissioner of Food Safety which includes chewing tobacco within the ambit of the provision of the Food Safety and Standards Act, 2006.
2. The notification is challenged on the ground that excess of tobacco is not a food product and thus the restrictions placed by the Food Safety and Standards (Prohibition and Restriction on Sales) Regulations Act, 2011 would not apply in such a case.
3. The petitioner relies on two orders passed by learned Single Judges of this Court in (i) Jayavilas Tobacco Traders LLP Vs. The Designated Officer, the Food Safety and Drugs Control Department [W.P.No.21 of 2017 dated 09.06.2017] and (ii) Manufacturer, Tejram Dharam Paul, Punjab and Another Vs. The Food Safety Inspector [Crl.O.P.(MD) N
Tobacco is classified as 'food' under the Food Safety and Standards Act, allowing for regulation despite claims of it being inherently harmful.
The main legal point established in the judgment is that chewing tobacco containing food additives does not fall within the definition of 'food' under the Food Safety and Standards Act, 2006, and sho....
Point of law: Section 89 of the FSSA, gives the provisions of the FSSA, an overriding effect on all other food related laws. Once it is held that tobacco and other products, fall within the definitio....
Restriction imposed trade and business in chewing/chewable tobacco products is in larger public interest and is a reasonable restriction and in no way offends right to carry on trade guaranteed under....
The Commissioner of Food Safety, Andhra Pradesh, has no authority or jurisdiction to issue notifications prohibiting the sale of Tobacco products within the meaning of Sections 3(m) and 3(p) of the C....
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