Prosecutions under food safety laws must comply with directives from the Food Safety Authority regarding timelines for sampling and testing to ensure fair enforcement of standards.

ORDER

The petitioners herein are the accused Nos.2 and 3 in S.T.No.511 of

2016 on the file of the Judicial First Class Magistrate-II, Peermade. In the aforesaid complaint has been lodged under Section 59 of the Food Safety and Standards Act, 2006 .

2. The prosecution alleges that on 5.02.2016, at approximately

3:00 PM, an inspection was conducted at the premises of Pooja Herbals & Spices, Kumily, and 2 kg of tea were seized for analysis by the food analyst. The samples were analyzed by the Food Analyst of the Regional Analytical Laboratory, Kakkanad, and the report disclosed that the sample contained extraneous matter (iron filings) to an extent of not less than 339.6 mg per kg, which is in excess of the safe limit and therefore unsafe.

3. The learned counsel appearing for the petitioner submitted that the Food Safety and Standards Authority of India, through its Director (RCD) had issued an order dated 02.11.2017, whereby directions were issued to the States not to launch prosecution for non-conformance of the limit of iron filings for cases where samples were picked up/tested prior to 19.05.2016. Directions were also issued to withdraw all such prosecutions launched prior to 19.05.2016, either under the Food Safety and Standards Act, 2006 , or under the PFA Act, 1954. The learned counsel submits that in identical circumstances, this Court had quashed the proceedings against the accused by order dated 05.02.2018 in Crl.M.C.No.3248 of 2017.

4. Heard the learned Standing Counsel appearing for the Food Safety Authority, who submitted that going by Annexure-2 order, the prosecution initiation against the petitioners is invalid.

5. The learned Public Prosecutor has opposed the submissions. He points out that even as of date, the upper limit of iron filings permitted in tea has not been finalised by the Food Safety Authority.

6. I have considered the submissions advanced. The order dated

02.11.2017 is seen issued by the Director. Paragraph 5 of the order, reads as under:-

“The matter has been examined in FSSAI. It is felt that till a reliable method of assessment/testing of iron filings in Tea is finalised. It would not be appropriate to launch prosecution non-conformance nor is it proper to pursue or continue with the prosecutions launched under PFA Act/FSS Act prior to issue of FSSAI’s Order dated 19.05.2016. Commissioners of Food Safety, All states/UTs are, therefore, directed not to launch prosecutions for non-conformance of limit of iron filings for cases where samples were picked up/tested prior to 19.05.2016. They are also advised to withdraw all such prosecutions launched prior to 19.05.2016 either under FSS Act, 2006 or PFA Act, 1954.”

7. In the instant case, the sample was taken on 05.02.2016 and therefore, the petitioner is entitled to the benefits of the above order.

This petition will stand allowed.

All further proceedings against the petitioner in ST No.511/2016 Of Judicial Magistrate Of First Class -II, Peermade, are quashed.