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In the food industry, ensuring compliance with safety standards is crucial, especially when samples like murukku are seized for analysis. A frequent question arises: Sample of food items murukku seized and sent to RAL Kozhikode for FSL – is it a notified laboratory? This post dives into the legal framework under the Food Safety and Standards Act, 2006 (FSS Act), examining whether RAL Kozhikode meets the criteria for a notified lab. We'll explore key provisions, accreditation requirements, and real-world implications, drawing from legal documents and case insights.
Disclaimer: This article provides general information based on available legal documents and is not a substitute for professional legal advice. Consult a qualified attorney for specific cases.
The FSS Act, 2006, sets strict standards for food testing to protect public health. Sections 43 and 3(p) define a food laboratory as one established by Central or State Governments or other agencies that is both accredited by NABL (National Accreditation Board for Testing and Calibration Laboratories) or an equivalent agency and recognized by the Food Authority (FSSAI) Shyamkumar Tulsilal Warnawal vs State of Maharashtra - 2025 Supreme(Bom) 469Nestle India Limited VS Food Safety and Standards Authority of India - 2015 0 Supreme(Bom) 1254.
This dual requirement ensures reliability and uniformity in analysis. As per the documents, only laboratories that are both accredited and recognized by the Food Authority can be considered notified laboratories for analysis under the Act Shyamkumar Tulsilal Warnawal vs State of Maharashtra - 2025 Supreme(Bom) 469Shyamkumar Tulsilal Warnawal vs State of Maharashtra - 2025 0 Supreme(Bom) 287Nestle India Limited VS Food Safety and Standards Authority of India - 2015 0 Supreme(Bom) 1254. Without this, test reports may lack legal standing in regulatory or court proceedings.
The Food Authority notifies laboratories meeting these standards through formal gazette notifications. Transitional provisions allow certain public labs operating before the Act's enactment to continue temporarily, but they must obtain accreditation and recognition for official status. The Notification clarifies: public laboratories functioning at the time of enactment continued to operate under certain conditions until they received formal recognition and notification Nestle India Limited VS Food Safety and Standards Authority of India - 2015 0 Supreme(Bom) 1254. However, this does not automatically make them notified.
Based on the reviewed legal documents, RAL Kozhikode (Regional Analytical Laboratory, Kozhikode) is not listed or established as a notified laboratory under Sections 43 or 3(p) of the FSS Act. There is no reference confirming its NABL accreditation or FSSAI recognition in the provided materials Shyamkumar Tulsilal Warnawal vs State of Maharashtra - 2025 Supreme(Bom) 469Shyamkumar Tulsilal Warnawal vs State of Maharashtra - 2025 0 Supreme(Bom) 287Nestle India Limited VS Food Safety and Standards Authority of India - 2015 0 Supreme(Bom) 1254.
For food items like murukku – a popular snack often scrutinized for adulteration – sending samples to non-notified labs risks invalidating results. The implication is clear: the test report from RAL Kozhikode cannot be considered as emanating from a notified laboratory Shyamkumar Tulsilal Warnawal vs State of Maharashtra - 2025 Supreme(Bom) 469Shyamkumar Tulsilal Warnawal vs State of Maharashtra - 2025 0 Supreme(Bom) 287Nestle India Limited VS Food Safety and Standards Authority of India - 2015 0 Supreme(Bom) 1254.
Improper lab selection can derail prosecutions or compliance efforts. Under the FSS Act, samples must be analyzed in notified labs for reports to hold evidentiary value. In cases involving seized food, delays or procedural lapses further complicate matters.
For instance, related judgments emphasize timely analysis and proper lab referral. In one case, the Food Analyst must send reports within 14 days to the Designated Officer Niranjan Kumar Sah VS State of Jharkhand - 2023 Supreme(Jhk) 907S.RAVIKUMAR vs STATE OF TAMIL NADU REP.BY - 2023 Supreme(Online)(Mad) 81240. Another highlights: the authorised officer of the Food Authority shall take its sample and send to the Food Analyst of notified laboratory for analysis who shall send the report within a period of five days V.B.MURALEEDHARAN vs THE ASSISTANT COMMISSIONER OF FOODS SAFETY AND OTHERS - 2020 Supreme(Online)(KER) 9185.
Non-compliance, such as using non-notified labs, mirrors issues in older Prevention of Food Adulteration Act cases, where Public Analyst reports were scrutinized for procedural adherence State of Maharashtra VS Shete Savale & Co. , & others - 1988 Supreme(Bom) 36BASANTU VS STATE OF UTTAR PRADESH - 1982 Supreme(All) 179. Courts have quashed cases for failing to follow FSS Act procedures, like Section 42, underscoring the Act's overriding effect over IPC sections (e.g., 272, 273) from other sources on quashing.
In murukku-specific contexts, items like fried snacks (banana chips, murukku) have been litigated under sales tax or adulteration laws, reinforcing the need for precise testing Basheer VS State of Kerala - 1993 Supreme(Ker) 218.
Judicial precedents highlight the stakes. In a Kerala High Court ruling, prosecutions under FSS Act Sections 52/59/63 were quashed for procedural lapses, emphasizing Section 42 compliance from other sources. Similarly, under the predecessor Act, Public Analyst opinions were admissible only if procedures were followed, even without examining the analyst State of Maharashtra VS Shete Savale & Co. , & others - 1988 Supreme(Bom) 36.
For imported foods or seizures, samples go to notified labs with strict timelines V.B.MURALEEDHARAN vs THE ASSISTANT COMMISSIONER OF FOODS SAFETY AND OTHERS - 2020 Supreme(Online)(KER) 9185. NDPS cases analogously stress prompt FSL dispatch to preserve evidence SIKANDER KUMAR VS STATE - 2017 Supreme(Del) 2830, a principle applicable to food safety.
Businesses dealing in snacks like murukku should verify lab status upfront. Tax cases clarify that such items aren't always bakery products, but safety testing remains paramount Basheer VS State of Kerala - 1993 Supreme(Ker) 218.
To avoid pitfalls:- Verify Lab Status: Check FSSAI's notified list for NABL-accredited and recognized labs.- Follow Procedures: Send samples to Designated Officers promptly; retain portions for re-analysis.- Document Everything: Use Form VI notices and maintain chains of custody Food Inspector, Medak District, reptd. , by the Public Prosecutor VS V. Prabhakar, S/o V. Ramulu - 2022 Supreme(Telangana) 4.- Seek CFL if Needed: For disputes, refer to Central Food Laboratory under Section 42.
In one revision, courts directed samples to Central FSL for reliability AMIR HUSSAIN BANIA vs THE STATE OF ASSAM AND ANR.
Stay vigilant with food safety regulations to safeguard your business. For tailored guidance, reach out to FSSAI-authorized experts.
References:1. Shyamkumar Tulsilal Warnawal vs State of Maharashtra - 2025 Supreme(Bom) 469: Recognition requirements.2. Shyamkumar Tulsilal Warnawal vs State of Maharashtra - 2025 0 Supreme(Bom) 287: Accreditation mandates.3. Nestle India Limited VS Food Safety and Standards Authority of India - 2015 0 Supreme(Bom) 1254: Transitional provisions.
#FSSAct #FoodSafetyIndia #NotifiedLab
Patankar's next contention was that his right to send the sample to the Central Food Laboratory has been lost because of the delay on the part of the prosecution to supply him the copy of the report of the Public Analyst. The sample was taken on 18-7-1978. ... If the evidence of Food Inspectors is to be believed, and we see no reason to this disbelieve it, then the gunny bag containing this Ral Tandul was in the shop itself and the Food Inspectors purchased the #HL_S....
One Part of the sample along with Form-VII memorandum in a sealed packet was sent to the Food Analyst, Regional Analytical Laboratory, Kozhikode on 23.06.2015 through Trackon Couriers. ... A copy of the Form-VI memorandum and specimen impression of the seal used to seal the sample in a sealed packet was also sent to the Food Analyst, Kozhikode through Trackon couriers on 23.06.2015. ... : Provided that in case a sample container received by the Food ....
(5) In case of imported articles of food, the authorised officer of the Food Authority shall take its sample and send to the Food Analyst of notified laboratory for analysis who shall send the report within a period of five days to the authorised officer ... the Designated Officer about the same and send requisition to him for sending second part of the sample. ... (2) When a sample of any article of fo....
(5) In case of imported articles of food, the authorised officer of the Food Authority shall take its sample and send to the Food Analyst of notified laboratory for analysis who shall send the report within a period of five days to the authorised officer. ... (2) When a sample of any article of food or adulterant is taken, the Food Safety Officer shall, by the immediate succeeding working day, send#HL_E....
Further no documents/papers were produced of the seized items. ... (2) The Food Analyst after receiving the sample from the Food Safety Officer shall analyse the sample and send the analysis report mentioning method of sampling and analysis within fourteen days to Designated Officer with a copy to Commissioner of Food Safety. ... The items found at both the places were seized and inspection-cum-seizure list was pr....
Aforesaid provisions makes it clear that it was duty of Food Inspector, who took sample to (a) send one of the parts of the sample to Public Analyst and (b) send remaining two parts to the local health authority. ... It appears in that case Food Inspector did sampling in the presence of one Deo Dutt, from whose shop also a sample had been seized by Food Inspector at that very time. ... In that case Sri Dharam Deo Yadav, Fo....
Amir Hussain Bania is willing to get the sample of betel nuts examined in the Central FSL and that he will prefer an application before the learned Court below to that effect and that this revision petition may be disposed of by directing the learned Chief Judicial Magistrate, Bongaigaon to send sample ... of betel nut to the Central FSL, and thereafter to deal with the prayer of custody of the seized betel nuts afresh and to set aside the impugned order. ... It is provided that the ap....
The meaning given to the word in Concise Oxford Dictionary is "send out (goods) to another country." ... Laxmaiah (LW1), who lifted the sample and instituted the complaint, is a duly notified and competent Food Inspector, empowered to exercise duties and powers under the Prevention of Food Adulteration Act, 1954, in terms of G.O.Ms.No.452, Medical, Health and Family Welfare (L1) Department, dated 07.09.1994 ... of Food Adulteration Rules, 1955, and therefore declared the samp....
In this case, the assessee produced and sold sweets such as halva, laddu, jilabi and gulab jamun and fried food articles such as banana chips, tapioca chips, murukku, fried ground nut etc. These items are not baked in an oven and they will not come under bakery products and taxed as such. ... If certain dealers in bakery products make Jilabi, Halva, Gulabjaum and fried food articles such as banana chips, tapioca chips, murukku, pakkavada etc., it will only show that making of such goods is their individ....
He further submitted that as per Section 42(2) of the Act, after receipt of the sample, the food Analyst shall Analyse the sample and send the analysis report within a period of 14 days to the designated officer. ... : Provided that in case a sample container received by the Food Analyst is found to be in broken condition or unfit for analysis, he shall within a period of seven days from the date of receipt of such sample inform the Designated Officer about the same a....
As per the said provision, when the Food Inspector takes the sample of food for analysis, he shall give notice in writing then and there to the person from whom he has taken the sample revealing his intention to have the said sample analyzed. Thereupon, the Food Inspector shall by the immediate succeeding working day, send the sample of the article seized to the Public Analyst for analysis.
Public Analyst within seven days has to submit report regarding result of analysis carried. After receipt of report within ten days Local (Health) Authority has to inform the person by way of registered post or by hand regarding result of the analysis along with the report sent, under Section 13(2) 9. Thus, it is apparent that after the sample is seized by the Food Inspector, immediately on the succeeding day, he has to send sample to the Public Anaylist.
The remnant charas in polythene was tied with rubber band and placed back in the black bag and converted into cloth pullanda with mark ‘C’. On perusal of the statement of the witnesses who recovered and deposited the sample to the FSL, it is clear that out of the recovered charas, two samples of 50 grams each were drawn and placed in two small polythene pouches tied with rubber band and converted into cloth pullandas with mark ‘A’ and ‘B’. It was contended by the counsel for the appellant that the material was seized on 04.07.2009, the permission was obtained on 08.07.2009 from DCP....
In case of imported articles of food, the authorised officer of the Food Authority shall take its sample and send to the Food Analyst of notified laboratory for analysis who shall send the report within a period of five days to the authorised officer.” (1) When a Food Safety Officer takes a sample of food for analysis, he shall - (a) give notice in writing of his intention to have it so analysed to the person from whom he has taken the sample and to the person, if any, whose name, address and other particulars have been disclosed; (b) except in special cases as may be provi....
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