Section 25(1)(ii) of the FSSAI Act, 2006 - This section pertains to the legal requirements for importers, including obtaining necessary permits and No Objection Certificates (NOCs) from FSSAI before importing food products. The court highlighted that compliance with these provisions is mandatory, and violations can lead to legal action PANCHSHIL INFRASTRUCTURE HOLDINGS PVT. LTD. VS UOI - Delhi.
Legal Provisions and Enforcement - The Act establishes the Food Safety and Standards Authority of India (FSSAI) as the competent authority responsible for framing rules, issuing permits, and overseeing food safety standards (Sections 4, 5, 22, 25). The Act also integrates provisions for coordination with Customs and other agencies for import regulation Sonika Kumari VS Devastotra Poddar - Delhi, PANCHSHIL INFRASTRUCTURE HOLDINGS PVT. LTD. VS UOI - Delhi.
Section 25(1)(ii) & (iii) - These sub-sections specifically address the responsibilities of importers concerning permits and adherence to safety standards. Violations, such as importing without permits or violating safety norms, are subject to legal penalties PANCHSHIL INFRASTRUCTURE HOLDINGS PVT. LTD. VS UOI - Delhi.
Related Legal Actions and Court Judgments - Courts have examined violations of Section 25(1)(ii), emphasizing the importance of compliance with FSSAI regulations for imported food products. Cases also involve issues of misbranding, unsafe food analysis, and the constitutionality of certain actions under the Act Kantilal VS State of Telangana - Telangana.
Implementation and Compliance - The Act mandates coordination between FSSAI and Customs authorities to ensure imported food products meet safety standards, with provisions for testing and sampling (Sections 22, 25). The Act's regulations also cover packaging, labeling, and safety standards, reinforcing the importance of compliance United Distributors Incorporation VS Union of India - Crimes, J. K Traders, Doturi, Kawatika, Bijni, Chirang, Assam VS Union of India - Patna.
Analysis and Conclusion:
Section 25(1)(ii) of the FSSAI Act, 2006, mandates that importers must obtain the necessary permits and NOCs before importing food products. Non-compliance with these provisions can lead to legal penalties, enforcement actions, and court rulings emphasizing adherence to food safety standards. The Act empowers FSSAI to regulate, monitor, and enforce compliance, ensuring the safety and legality of imported food items. Courts have upheld these provisions as constitutional and essential for safeguarding public health PANCHSHIL INFRASTRUCTURE HOLDINGS PVT. LTD. VS UOI - Delhi, Kantilal VS State of Telangana - Telangana.
References:
- PANCHSHIL INFRASTRUCTURE HOLDINGS PVT. LTD. VS UOI - Delhi
- Sonika Kumari VS Devastotra Poddar - Delhi
- Kantilal VS State of Telangana - Telangana
- United Distributors Incorporation VS Union of India - Crimes
- J. K Traders, Doturi, Kawatika, Bijni, Chirang, Assam VS Union of India - Patna
It highlighted the provisions of Section 25 of the FSSA and Section 3A of the Livestock Importation Act, emphasizing the requirements ... The petitioner complied with all applicable laws and obtained an Import Permit and NOC from FSSAI. ... and Sections: The court discussed the Livestock Importation Act, 1898 and the Food Safety and Standards Act, 2006. ... The petitioner is in violation of Section 25(1) (ii) & 25 (1) (iii) of the #....
(A) Food Safety and Standards Act, 2006 - Sections 58 and 59(1) - Chewable tobacco products - The petitioners, manufacturers of Cool ... Food Safety Act due to its nicotine content. ... Lip Filter Tabbaq, argued that their product is not a food product under the Act, but the court held that it is governed by the ... "Reference Govt. of Tamil Nadu's letter numbe 110033/2017/59/FSSAI, dated 25.05.2022 on the subject mentioned above and requesting FSSAI to issue direct....
Fact of the Case: 25. ... Sections 4 and 5 of the Food Safety and Standards Act, 2006, which deals with establishment of FSSAI and its composition are reproduced as under: "4. ... The Competent Authority to frame and notify the Rules with the approval of Central Government is the FSSAI, which is defined under Section 3(m) of the Food Safety and Standards Act, 2006. ... The statutory recruitment rules governing the service conditions in the FSSAI have been framed by the FSSAI....
Constitution of India, 1950 - Article 14, 19(1)g, 21 - Food Safety and Standard Act, 2006 - Section 42, ... Food analysis - Misbranding product - To issue a writ, order in nature of Writ of mandamus by declaring action of respondent Nos.1 ... alleging misbranding product as absolutely illegal, arbitrary, unconstitutional and violative and consequently direct Respondent No.1 ... , arbitrary, unconstitutional and violative of article 14, 19(1)g, 21 of the Constitution of India read with statutory provisio....
It also directed the FSSAI and Customs authorities to coordinate and ensure compliance with the FSS Act and regulations for imported ... It also directed the FSSAI and Customs authorities to coordinate and ensure compliance with the FSS Act and regulations for imported ... Food Safety and Standards Act - Interpretation of Provisions - Section 22 of FSS Act, FSS Regulations 2011, and FSS Packaging ... Pracha further refers to Section 25 (1) (iii)of th....
Food Safety and Standards Act , 2006. ... The representations were duly replied by FSSAI vide letters dated 24th September 2019 and 11th October 2019.
Customs Act – Section 11 r/w Section 47 of the Food Safety and Standards Act, 2006 – Agaisnt the rejection ... (Paras 1 to 7 & 9& 12) 2000 (126) E.L.T. 425); 2002 (149) E.L.T. 32 (Bom.) – Relied ... to the person from whom the samples being taken and the officers of customs not been appointed as Food safety officer under the act ... 25. ... for such testing by DGHS or FSSAI. ... Thus, FSSAI has replaced PHO with its authorized officers at abovementioned ports in term....
Keywords - Employment - FSS Act - Section 90 - The court upheld the applicability of Section 90 of the FSS Act regarding employee ... set out under Section 90 of the FSS Act. ... Fact of the Case: The petitioner, previously a Senior Inspector, was transferred to FSSAI under Section 90 of the FSS ... ), as per Ext.P3 order dated 25.11.2008, under Section 90 of the FSS Act, on the very same conditions of service. ... transfer under Section 90 of the Act. ... EXHIBIT ....
Customs Act – Section 11 r/w Section 3(2) of the Foreign Trade (Development and Regulation) Act, 1992 – ... merit – Samples of Betal Nuts in damaged condition with presence of insects being unsafe for human consumption – Petitioner no.1 ... Provided that the aforesaid period of six months may, on sufficient cause being shown, be extended by the [Substituted by Act 25 of 2014, S. 78, for “Commissioner of Customs” (w.e.f. 1-10-2014).] ... 25. ... for such testing by DG....
Food Safety Standards Act, 2006 — Section 3(1)(z) & 23 — Food Safety and Standards (Packaging and Labelling) Regulations, 2011 — ... [Para 25] ... Result: Petition allowed ... ... As coveted as these chocolates may be, the Food Safety and Standards Authority of India (hereinafter referred to as the ‘FSSAI’) has found these chocolates to be non-compliant with the Food Safety Standards Act, 2006 (hereinafter referred to as the ‘Act’) and the Regulations made there under. ... On 17.#HL....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.