Distributors are liable for misbranded and substandard food products under the Food Safety and Standards Act, 2006, and cannot evade responsibility for violations.

ORDER

This Writ Petition has been filed by the petitioner challenging the order passed by the third respondent dated 23.11.2017 thereby imposing fine.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3.On 27.08.2013, the first respondent inspected one Murugan Stores which is engaged in selling groceries and other food items. It belonged to one Murugesan. While inspection, enquired about the sale of Suriya Gingelly oil and found that it was distributed by one Arul Stores and it was manufactured by Packiyalakshmi traders. The samples of Gingelly pocket oil were taken for food analysis. After following the procedure as contemplated under the Food Safety and Standards Act, 2006 (in short hereinafter referred to as 'the Act, 2006'), the samples were sent for analysis. As per the report from the food analysis, the sample which was taken by the first respondent is misbranded under Sections 3(1)(zf)(A)(ii) of the Act, 2006. Therefore, the first respondent sought for sanction for prosecuting the seller, dealer and manufacturer of the said food item. Accordingly, the charge sheet was filed before the third respondent in which the petitioner is arraigned as the second accused being the distributor. As far as the petitioner is concerned, she was charged for the offences under Sections 51 and 52 r/w Sections 3(1)(zf)(A)(ii) and 3(1)(zx) of the Act, 2006 and also the Food Safety and Standards (Packaging and Labelling) Regulations, 2011 (in short hereinafter referred to as 'the Regulations, 2011). After due enquiry, all three accused were found guilty and imposed a fine of Rs.50,000/- as against the petitioner.

4.The learned counsel appearing for the petitioner would submit that the first respondent failed to follow any of the procedure as contemplated under the Regulations, 2011 while initiating prosecution against the petitioner. Even according to the prosecution, the petitioner, who is being the distributor does not have any knowledge about the quality of food items as well as the packaging of food item. Whatever the food item supplied by the manufacturer, the petitioner who is being the distributor, distributes the food items to retail vendors. Therefore, the petitioner is nothing to do with the allegations as alleged by the first respondent.

5.On perusal of the records and counter-affidavit filed by the first respondent and on the submissions made by the learned Additional Government Pleader appearing for the respondents would reveal that admittedly the food product which was taken as a sample from the retail vendor shop was found as Misbranded. Further, the contents of the package confirmed the specifications prescribed for Palmolein oil and the label contains misleading statements in violation of Regulation 2.2.1(3) of the Regulation, 2011. It was also found as Substandard as contemplated under Section 3(1)(zx) of the Act, 2006. As per the analysis report, the acid level is more than the prescribed standard for Gingelly oil under Regulation 2.2.1(12) of the Food Safety and Standards (Food Product Standards and Food Activities) Regulation, 2011. Therefore, the sample was declared as 'Misbranded and Substandard'. After obtaining sanction for launching the adjudication from the designated officer of Tirunelveli District, filed a complaint as against three accused persons in which the petitioner is arraigned as the second accused. Though the petitioner was the distributor of the said product, the bounden duty of food distributors is to provide safe and wholesome food to a larger public. If any contravention of the Act, 2006, the violators would be prosecuted. The liability of distributors has been prescribed under Section 27 of the Act, 2006. It is relevant to extract the provision under of the Food Safety and Standards Act, 2006 hereunder:

'27.Liability of the manufacturers, packers, wholesalers, distributors and sellers:

(1) The manufacturer or packer of an article of food shall be liabl