By TIOL News Service

ERNAKULAM, MAY 10, 2016: THE petitioner imported betel nuts through Cochin Port. On 24.04.2015, the 2nd respondent, an Authorised Officer under the Food Safety and Standard Authority of India refused to issue NOC on the ground that the betel nuts did not satisfy the standards for dry fruits and nuts. The Petitioner filed a Writ Petition which was disposed of with a direction to release the same if it complies with the standards fixed for aflatoxin in the Contaminants Regulations, 2011. However, the consignments were rejected on the ground that the total Aflatoxin presence in the case of one consignment was 16 µg /kg and in the case of another, it was 17 µg /kg as against the revised standard of 15 µg /kg.

It is the contention of the petitioner that at the time of import, the prescribed standard for betel nuts on aflatoxin is 30 µg /kg and subsequent change in the standard brought as per notification dated 04.11.2015 cannot govern the import of consignments. By subsequent notification, Union of Government fixed the limit of aflautoxin at 15 µg /kg. The petitioner's consignments are having limit of 16 µg /kg and 17 µg /kg. Therefore, the petitioner is entitled for release.

After hearing both sides, the High Court held:

+ The petitioner's right to import is always subject to the policy of India. The importers have no right to import any food articles which is hazardous or injurious to the public health. The regulatory mechanism and the standards under the FSS Act are to ensure and protect the public from possible health hazards and risks and not intended to confer any right on the importer or the distributor or the manufacturer of the product. Therefore, the standards under the Food Safety Act will have to be looked into from the stand point of view of the general public.

+ The legitimate expectation of the importer would always subject to the policy change of the State. If the law is changed as on the date of release, the importer is bound by the law on the date of release as already adverted above. The standards are prescribed for protecting the public. Therefore, the date of release is relevant not the date of import for the purpose of reckoning standards.

(See 2016-TIOL-901-HC-KERALA-CUS)