Prosecution under the Food Safety and Standards Act is unsustainable if actions are compliant with newly amended regulations.

ORDER

This Crl.M.C is filed to quash Annexure I charge sheet pending as C.C.No.807/2021 before the Judicial First Class Magistrate, Ponnani. Petitioners are accused Nos.1 to 5 in the above case. Annexure I charge sheet is filed alleging the commission of offence under Section 3 (1)(zz)(v), 26(1), 27(1)(2)(c), 31(1), 59(i) and 63 of Food Safety and Standards Act, 2006 .

2. The offence charged against the 1st accused is selling unsafe 'Soyabean Sauce' to the Food Safety Officer. The 2nd accused is the FSSAI registration holder of the Food Business Establishment which sold the unsafe 'Soyabean Sauce' to the Food Safety Officer, is the submission. The

3rd accused is charged for being responsible person of the Food Business Establishment which distributed the unsafe 'Soyabean Sauce' without a valid FSSAI Licence/Registration. Fourth accused is the nominee of the 5th respondent firm which manufactured the unsafe 'Soyabean Sauce', is the submission.

3. The 2nd respondent inspected the shop of the

2nd petitioner and the 2nd respondent purchased 8 bottles of 'Soyabean Sauce' samples, each carrying 200gm weight and a contemporaneous mahazar was prepared evidencing the sampling and seizure and informed the same to the 1st petitioner. Later, the report was submitted from the lab stating the food sample sold to Food Safety Officer is Unsafe. Annexure II is the report of the Food Analyst dated 07.10.2020. The report states that the samples taken for analysis does not conform to the standards prescribed for 'Soya Sauce' as per the law and on the basis of report of the Commissioner of Food Safety issued an order sanctioning the prosecution of the petitioners under Section 30 (2) (e) and hence the charge sheet was filed.

4. It is submitted that on 16.11.2021, the 3rd respondent submitted the Charge Sheet against the petitioners accusing that they have violated the FSSA Act and its rules and regulations by selling and manufacturing 'Soyabean Sauce' with Benzoic Acid to an extent of not less than 715.13mg/kg, which is not permitted in 'Soyabean Sauce' as per table – 12 of Appendix – A of Food Category System 12.9.2 of Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011.

5. It is submitted that the provisions related to the ingredients of food articles have undergone several changes. The standards used in the food substance led to several legal battles and later when the standards were amended illegal became legal, is the submission. It is also submitted that an order was issued by the Head (Legal) Food Safety and Standards Authority of India, stating not to pursue/proceed with cases which was a violation according to the earlier standards and currently not a violation according to the new or revised standards. Annexure VI is the order issued with a direction to all Commissioners of Food Safety to withdraw all the earlier registered cases in similar situation to avoid legal battles and economic hardships and to save precious time of the courts. It is the case of the petitioners that at present as per Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011 the permissible amount of Benzoates or Benzoic Acid was found in the ‘Soya Souse’ sample collected from the petitioners. It is conceded by the petitioners counsel and the Additional Director General of prosecution that as per the present law, there is no offence against the petitioners. According to the petitioners, as per the latest amendment to food safety and Standards Act, the quality of preservatives in food items are changed. For the food article like 'Soya Sauce', as per the new regulations, Appexdix-A table of the Food Safety Standard Rules, the preservative like Benzoates or Benzoic Acid are permissible to be added with prescribed quantity which was regulated periodically according to the findings in the sceintific analysis. According to the petitioners, if the preservative is Benzoates or Benzoic Acid, as per the lates