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 3 March 2015


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Thirukkural – திருக்குறள்

அதிகாரம்/Chapter/Adhigaram: அவை அறிதல்/The Knowledge of the Council Chamber/Avaiyaridhal 72
இயல்/ChapterGroup/Iyal: அமைச்சியல்/Ministers of State/Amaichiyal 6
பால்/Section/Paal: பொருட்பால்/Wealth/Porutpaal 2
குறள் 712
இடைதெரிந்து நன்குணர்ந்து சொல்லுக சொல்லின்
நடைதெரிந்த நன்மை யவர்
சாலமன் பாப்பையா உரை:
மூவகைச் சொற்களும் பொருள் தரும் போக்கை நன்கு தெரிந்து கொண்ட நல்லறிவு படைத்தவர், சொற்குற்றமும் பொருட்குற்றமும் வந்துவிடாமல், கேட்போர் விரும்பிக் கேட்கும் நிலைமையையும் மிகத் தெளிவாக அறிந்து பேசுக.
Couplet 712
Good men to whom the arts of eloquence are known,
Should seek occasion meet, and say what well they’ve made their own
Let the good who know the uses of words speak with a clear knowledge after ascertaining the time (suited to the court)
Itaidherindhu Nankunarndhu Solluka Sollin
Nataidherindha Nanmai Yavar


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Posted by on April 19, 2013 in Pest Management Training


Stale food on New Delhi-Bhopal Shatabdi, passengers create ruckus



Stale and fungus ridden food was yet again served to a passenger on board Bhopal Shatabdi Express. Thereafter, fellow passengers created a ruckus inside the train and also registered a formal complaint.

On Monday, Navin Dubey, passenger of C6 coach, seat no 35 was travelling on board 12001 New Delhi-Habibganj Shatabdi Express. He said that passengers were served food between Jhansi and Bina stations. He was served fungus ridden ‘paranthas’ as were some others.

Thereafter, he along with other passengers registered their protest against the food and also created ruckus about it.

“I often travel to New Delhi via Shatabdi and this is not the first time such an incident has happened,” said Dubey.

A railway official said, “We have received the complaint and it has been forwarded to Northern Railway as the train originated from there.”

Despite long-standing demand of base kitchens in Bhopal, Itarsi and Jhansi, railways are still using caterers who are slipping up on quality of food. This is not the first time when the food served on board Shatabdi has come under scanner.

Last year more than seven such complaints in Shatabdi were lodged where stale food or food with worms in it was served to passengers.

Currently, food is loaded from Gwalior, which is under Jhansi division. Railway officials said all complaints against catering company R K Associates are sent to Jhansi division of Northern Railways as Shatabdi originates from New Delhi.

Caterer R K Associates, which serves food on 300 trains, was fined around Rs 1 lakh in August last year by the Railways.

The official added only Northern Railways can take action against caterer since it is under them.



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Posted by on March 3, 2015 in In the News


Government for check on celebrities endorsing foods

Celebrities endorsing food supplements without adequate scientific justification will have to think twice before making tall claims and glorify “unsubstantiated” claims misleading the consumers. The government has asked the Advertisement Standards Council of India (ASCI) to undertake comprehensive monitoring of advertisements appearing with respect to food and beverages (F&B) across various sections of the media and initiate action. The FSSAI has asked for the names of celebrities endorsing fraudulent products.

In an interesting move, the Food Standards Safety of India (FSSAI) also asked the advertisement council to ask the celebrities to restrain from endorsing such products.

In a recent meeting, the FSSAI is learnt to have asked the ASCI to bring to the notice of the food safety authority regarding the F&B advertisements that violate the Food Safety and Standards Act and regulations, making unsubstantiated claims that may be misleading the consumers.

“In such cases, bring to the notice of the FSSAI action taken by the ASCI and further action required to be taken by the FSSAI,” reads a recent communication.

The FSSAI has also asked the advertisement council to examine the advertisements concerning F&B products being endorsed by the celebrities, with the view to asking the celebrities to restrain from endorsing such products.

Significantly, the ASCI has been asked to provide information to the FSSAI in a prescribed format about the media segments i.e. print media, electronic, Internet, social media etc, the name of the product, company’s name, claim and the name of the celebrity endorsing the product.



“It was decided to tighten the noose as a lot of complaints came forward regarding the tall claims that is made glorifying half truths about the products. The brands and the celebrities will not be able to get away with such advertisements of foods that they claim healthy without any substantial evidence. The practice has to end. We have decided to take action and has asked the advertisement council to keep a watchful eye on such advertisements,” a senior official said


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Posted by on March 3, 2015 in Food Labelling


உணவுகளால் அலர்ஜி ஏற்பட்டிருப்பதை வெளிப்படுத்தும் சில அறிகுறிகள்!!!

உணவுகளினால் ஏற்படும் அலர்ஜியை கண்டுபிடிப்பது சிரமாக இருக்கலாம். அதற்கு காரணம் அதனை நாம் உணவுநஞ்சேறல் என்று தவறாக நினைத்திருப்போம். இருப்பினும் உணவுநஞ்சேறலுக்கும் உணவுகளினால் ஏற்படும் அலர்ஜிக்கும் அடிப்படை வேறுபாடுகள் பல உள்ளது. உணவு நஞ்சேறல் என்பது தூய்மையற்ற உணவுகளை உட்கொள்வதினால் ஏற்படுவது


ஆனால் உணவுகளினால் ஏற்படும் அலர்ஜி என்பது சில உணவுகளின் மீது ஏற்படும் விடாப்பிடியான எதிர் விளைவு. அதனால் உங்கள் நோய் எதிர்ப்பு சக்தி அமைப்பின் மீது எதிர் விளைவை உண்டாக்கும். தங்கள் நோய் எதிர்ப்பு சக்தி அமைப்பு, ஒரு உணவை, உணவாக அறிந்து கொள்ள முடியவில்லை என்றால், அந்த உணவை உட்கொள்ளும் போது ஒருவருக்கு அலர்ஜி ஏற்படுகிறது.

இதனால் அதனை அச்சுறுத்தல் வகையில் சேர்க்கப்படுகிறது. அதனால் அந்த உணவுகள் உங்கள் உடலில் நிழைய முற்படும் போது, உங்கள் நோய் எதிர்ப்பு சக்தி செயலாற்ற தொடங்கி விடும். பொதுவாக பசும்பால், முட்டை, மீன், கடலை பருப்பு, ஷெல் மீன், சோயா மற்றும் கோதுமை போன்ற சில உணவுகளால் அலர்ஜி உண்டாகும். ஒருவருக்கு ஏதாவது ஒரு உணவு அல்லது பல உணவுகளாலும் அலர்ஜி ஏற்படலாம். சில நேரம் இது மிகவும் ஆபத்தை உண்டாக்கிவிடும்.

அதனால் அவைகளை தவிர்க்க, சில பேர் தீவிர முன்னெச்சரிக்கை நடவடிக்கைகளை கடைப்பிடிக்கின்றனர். ஏனெனில் மூக்கு ஒழுகுதல், மூக்கடைத்தல், தும்மல், இருமல், மூச்சிறைப்பு, மூச்சு விடுவதில் சிரமம் போன்ற சுவாச பிரச்சனைகளையும் கூட சில சந்திக்க வேண்டி வரும். உணவுகளினால் ஏற்படும் அலர்ஜியினால் சில ஆண்கள் இருதய சம்பந்தப்பட்ட பிரச்சனைகளையும் சந்திப்பார்கள். அதனால் இரத்த அழுத்தம், லேசான தலைவலி, மயக்கம் போன்ற அறிகுறிகளையும் சிலர் சந்திப்பார்கள். பல சூழ்நிலைகளில், எவ்வளவு கவனமாக இருந்தாலும் கூட, உடனடி மருத்துவ பராமரிப்பு தேவைப்படுகிறது.

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Posted by on March 3, 2015 in Food poisoning


Food Safety violations leading to Food poisoning – Watch How “Dosa Maavu” in packets are made?

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Posted by on March 3, 2015 in Food Safety


Gujarat HC – Unsafe milk – FBO acquitted – FSO appeal dismissed Criminal Appeal (Against … vs Satishkumar Manubhai Nayak & … on 9 December, 2014

 R/CR.A/1299/2014          ORDER


            VIRENDRA HIRABHAI RATHOD....Appellant(s)
   SATISHKUMAR MANUBHAI NAYAK & 1....Opponent(s)/Respondent(s)
M/S RJ RAWAL ASSOC., ADVOCATE for the Appellant(s) No. 1
MS SHIVYA A DESAI, ADVOCATE for the Appellant(s) No. 1
MRS QUEROBINA YAGNIK, ADVOCATE for the Opponent(s)/Respondent(s)
No. 1
MR, HARDIK SONI, APP,for the Opponent(s)/Respondent(s) No. 2


                  Date : 09/12/2014
                      ORAL ORDER

[1] The present acquittal Appeal has been filed by the appellant – original complainant i.e. Virandra S/o Hirabhai Rathod, Food Inspector under Section 378 of the Cr. P.C., against the Judgment and order dated 19.09.2013 rendered by the learned Additional Chief Metropolitan Magistrate, Court No.6, Ahmedabad, in Criminal Case No.3691 of 2012. The said case was registered against respondent No.1-original accused for the offence punishable under Section 59(1) for breach of Sections 3(i)(zz)(5) and Sections 26(1)(2)(i) of the Food Safety and Standards Act, 2006.

[2] According to the prosecution case, complainant-appellant is legally appointed Food Safety Officer and sample of cow milk was taken by him from the place of respondent No.1-accused. As per the oral evidence of the complainant at Exh.9, it was R/CR.A/1299/2014 ORDER disclosed by him that he has followed the Rules of 2.4.1to 2.4.9 of Food Safety and Standards Regulation, 2011 and notice was also given to the respondent-accused under Section 46(4). The said sample was sent to R.F.L. for re-examination and as per the report of that sample, the same was declared unsafe. The bottles which were used in taking sample were of plastic packed bottles. Oral evidence of the peon was recorded at Exh.37, who supported the case of the complainant. The sanction which was given was legal and the procedure of sealing and seizing was also carried out in presence of panchas and therefore, prayer was made by the complainant to punish the respondent-accused.

[3] On the basis of above allegations, charge was framed and read-over and explained to the accused for the offence punishable under Section punishable under Section 59(1) for breach of Sections 3(i)(zz)(5) and Sections 26(1)(2)(i) of the Food Safety and Standards Act, 2006. The respondent-accused pleaded not guilty to the charge and claimed to be tried.

[4] Thereafter, after filing closing pursis by the prosecution, further statement of accused person under Section 313 of the Code of Criminal Procedure, 1973 was recorded, wherein, it is admitted by the respondent-accused that the sample was taken by the complainant from his shop while other facts disclosed by the complainant were not admitted by the respondent-accused. It is further disclosed by the respondent- accused that report of Director, Referal Food Laboratory, Gaziabad has no importance because it has not examined in accordance with law. The milk was not adulterated and therefore, mistake crept in the report is not required to be taken into consideration. The respondent-accused has denied R/CR.A/1299/2014 ORDER the case of the prosecution and submitted that a false case is filed against him.

[5] In support of the prosecution case, prosecution has examined following oral evidences :-

Sr. Exh.            Name of Witness
1     9        Complainant-Virendra Haribhai Rathod

2     36       Panch Witness-Murarjibhai Vohra

3     37       Peon-Sukhdevbhai Mangabhai Vaghela

[6] In support of the prosecution case, the prosecution has produced several documentary evidences like complaint at Exh.1, report and letter of R.F.L. at Exh.2 and 3 etc. [7] Thereafter, arguments of both the sides were heard by the learned trial Judge at length and discussed oral and documentary evidence produced on record and passed the acquittal order in favour of the respondent-accused, wherein learned trial Judge has considered that the complainant could not prove its case beyond reasonable doubt. Being aggrieved by and dissatisfied with the said judgment and order of acquittal dated 19.09.2013 rendered by the learned Additional Chief Metropolitan Magistrate, Court No.6, Ahmedabad, in Criminal Case No.3691 of 2012, the appellant-original complainant has preferred the present appeal before this Court.

[8] Heard Ms. Shivya Desai, learned advocate for R.J.Rawal Associates, for the applicant-original complainant, Mrs.Querobina, learned advocate for respondent No.1-original accused and Mr. Hardik Soni, learned APP for respondent No.2-

         R/CR.A/1299/2014                           ORDER

State of Gujarat.

[9] Ms.Shivya Desai, learned advocate for the applicant- complainant has read the judgment and order of acquittal and evidence produced on record and contended that learned trial Judge has wrongly acquitted the respondent-accused and thereby committed a grave error. As far as the Provision of law is concerned, the case is already established and proved beyond reasonable doubt, but learned trial Judge has not considered the same and therefore, she prayed to set aside the judgment and order of the acquittal.

[10] Mrs.Querobina, learned advocate for respondent No.1- original accused contended that when the sample was proved unsafe, then as per the law, the respondent-accused cannot be convicted.

[11] Mr.Hardik Soni, has contended that prima-facie case is not made out against the appellant-original complainant. He further contended that even State has not filed any appeal against the acquittal order passed by learned Additional Chief Metropolitan Magistrate, Court No.6, Ahmedabad. Lastly, he prayed to confirm the order of the acquittal. 

[12] I have gone through the impugned judgment and order passed by the learned trial Judge. I have read the oral evidence of witnesses. I have also considered the submissions made by learned advocates for both the parties.

[13] Looking to the observations made by the learned trial Judge at paras-2 and 3, it is rightly observed by the learned trial Judge that as per the provisions of law, the sample was unsafe. I have minutely perused the judgment and order of R/CR.A/1299/2014 ORDER learned trial Judge and also gone through the Provisions of law. It appears from the evidence that learned trial Judge has rightly acquitted the respondent-accused. In view of the above observations made by the learned Judge, I am in complete agreement that the learned Judge has rightly acquitted the respondent-accused. There in no substance in the appeal and the arguments made by Ms. Shivya Desai, learned advocate for applicant-complainant. Though learned advocate Ms. Shivya Desai, has tried to establish her case, but the Court has not found any sufficient evidence to consider and entertain this appeal.

[14] In a recent decision of the Apex Court in the case of State of Goa V. Sanjay Thakran & Anr. Reported in (2007)3 SCC 75, the Court has reiterated the powers of the High Court in such cases. In para 16 of the said decision the Court has observed as under:

“16. From the aforesaid decisions, it is apparent that while exercising the powers in appeal against the order of acquittal the Court of appeal would not ordinarily interfere with the order of acquittal unless the approach of the lower Court is vitiated by some manifest illegality and the conclusion arrived at would not be arrived at by any reasonable person and, therefore, the decision is to be characterized as perverse. Merely because two views are possible, the Court of appeal would not take the view which would upset the judgment delivered by the Court below. However, the appellate court has a power to review the evidence if it is of the view that the conclusion arrived at by the Court below is perverse and the Court has committed a manifest error of law and ignored the material evidence on record. A duty is cast upon the appellate court, in such circumstances, to re-appreciate the evidence to arrive to a just decision on the basis of material placed on record to find out whether any of the accused is connected with the commission of the crime he is charged with.”

R/CR.A/1299/2014 ORDER [15] Similar principle has been laid down by the Apex Court in the cases of State of Uttar Pradesh Vs. Ram Veer Singh & Ors, reported in 2007 AIR SCW 5553 and in Girja Prasad (Dead) by LRs Vs. state of MP, reported in 2007 AIR SCW 5589. Thus, the powers which this Court may exercise against an order of acquittal are well settled.

[16] In view of the above, the Appeal is hereby dismissed. The impugned judgment and order dated 19.09.2013 rendered by the learned Additional Chief Metropolitan Magistrate, Court No.6, Ahmedabad, in Criminal Case No.3691 of 2012, acquitting the respondent-accused is hereby confirmed. Record and proceedings, if any, be sent back to the trial Court concerned, forthwith. Bail bond shall stand cancelled.

(Z.K.SAIYED, J.) siddharth

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Posted by on March 3, 2015 in Court cases


Delhi HC – Imported chocolates seizure case – Ferrero Spa & Anr. vs Shri Maa Distribution (India) … on 29 October, 2010


                   Date of decision: 29.10.2010

    IA Nos.11549/2010, 13116/2010 & 13829/2010 in CS(OS) 1763/2010

FERRERO SPA & ANR.                                        ........ Plaintiffs

                  Through: Sh. Pravin Anand with Ms.Vaishali Mittal, Advocates.


Shri Maa Distribution (India) Pvt. Ltd. & Anr.              .......Defendants

                Though: Ms. Pratibha M. Singh with Shri Sudhir Bhandari and
                Shri Saurabh Ajay Gupta, Advocates for Defendant No.1.

       1. Whether the Reporters of local papers                Yes
          may be allowed to see the judgment?

       2. To be referred to Reporter or not?                   Yes.

       3. Whether the judgment should be                       Yes.
          reported in the Digest?

1. This common order will dispose of pending an ad-interim injunction application as well as IA No.13116/2010 by the first defendant seeking de-sealing and release of goods; the order will also dispose of an application being IA No.13829/2010 whereby the plaintiff seeks an order that the keys of the first defendant premises be taken back on the file of the Court and retained in the Registry.

2. By an order dated 14.09.2010 the Court on an overall consideration of the suit, the list of documents and other materials had granted an ex-parte ad-interim order restraining the first defendant from marketing the products “Cherier” and “Ginnou” as it prima facie infringed the plaintiff’s “Ferrero Rocher” and “Nutella” brands particularly the trademark in the get up as well shape of the product, packing etc. The Court had also appointed a Commissioner to inspect the IA Nos.11549, 13116, 13829/2010 in CS (OS) 1763/2010 Page 1 defendant’s premises and seize the infringing packing etc. Pursuant to the order of Court a local commissioner had visited the defendant’s premises and by report dated 05.10.2010 submitted that a large number of boxes, cartons containing the chocolates (of the “Cherier” brand) and certain other variants had been seized. The defendant moved an application for de-sealing the premises and argued that the goods seized were perishable commodities with limited shelf life and should be released but upon imposition of reasonable terms, since the festive season was round the corner.

3. Whilst granting ex parte injunction the Court had taken into consideration inter alia a notification issued by the Central Government under the Customs Act prohibiting importation of confectionary items. The Court had noted that the ban was in terms of the notification at page 117 of the list of documents. The said prohibition order by the Central Government pertaining to confectionary items containing milk and milk products/extracts and was dated 24.06.2010; it was referred to a previous notification banning importation of said milk based confectionary items including chocolates. The defendant in support of its case had filed several documents including release of goods such as chocolates imported by it, which were originally detained by the customs authorities. In the list of documents, the defendant also relied upon a report of the Central Food Laboratory, a wing of the Food Safety and Standards Food of India, Ministry of Health and Family Welfare, Government of India. The said report had stated that the sample of chocolate conformed to the standard prescribed under the Prevention of Food Adulteration Rules, 1955. However, the report indicated that as regard one aspect i.e. disclosure of importer’s address as required under Rule 32 of the PFA Rules the packaging of the products were non- conforming.

4. The hearing on the applications was deferred and the Court by order dated 08.10.2010 was of the opinion that the sample products should be sent for testing by an accredited Central Government approved institution or laboratory or the Central Food Laboratory. The Registry was directed to hand over the keys to the parties to enable the shifting of the goods conveniently from one room of the defendant’s premises. Earlier the Court after hearing the counsel for the parties on the defendant’s application required the previously appointed commissioner to visit the premises for a second time and categorize the products, open ten sample cartons, describe their contents and list out other details. The Commissioner, pursuant to the second order had IA Nos.11549, 13116, 13829/2010 in CS (OS) 1763/2010 Page 2 visited the premises second time.

5. The defendant’s rely on a report of FICCI Research and Analysis Centre dated 15.10.2010 in respect of “Cherier” chocolates. This report indicates that the sample conformed to PFA specifications and could be considered fit for human consumption; two parameters i.e. the total fat and ash contents were observed to be within the acceptable limits. The defendant placed reliance on two further reports from one M/s Arbro Pharmaceuticals Ltd. which claims to be ISO 9001:2000 certified and a government approved test house or laboratory. Both the reports are dated 20.10.2010; they indicate that the samples were received on 18.10.2010. The expiry date of the sample analysis is 08.02.2012. These two reports indicate that melamine and milk are absent in the product. The defendant relies upon a list published by the National Accreditation Board for Testing and Calibration Laboratories in respect of food and agricultural products to submit that Arbro Pharmaceuticals Ltd. is a recognized and approved laboratory particularly authorized to analysis and submit reports in relation to bakery and confectionary items as well as milk and dairy products.

6. The plaintiff points out that the defendant’s request for release of the goods is not warranted. It is argued that the reports relied upon as well as the documentary material clearly indicate that all the seized samples, can be consumed till February 2012 and in the circumstances, the contention about their being perishable commodities is misconceived. The plaintiff points out that the samples furnished to Arbro Pharmaceuticals Limited and are not part of the seized samples since the expiry date is indicated as 08.02.2010 whereas the samples from the seized goods indicate that the expiry is 01.02.2010. The plaintiff further states that till date neither the Chinese manufacturer nor the importer of the goods has placed any affidavit on the record indicating that the milk is absent in the chocolate and that the same are in fact fit for human consumption.

7. During the course of submissions, the defendant’s counsel had stated that the value of the consignment is about `10 to 12 lakhs and that the if the same are permitted to be sold during the festive season, the same price would be in the range of ` 20 lakhs in aggregate. It was also argued that the defendant has been importing such chocolates over the past seven years without any objection from any quarter.

IA Nos.11549, 13116, 13829/2010 in CS (OS) 1763/2010 Page 3

8. This Court has carefully considered the submissions. An important consideration which persuaded the Court to grant ad-interim relief was the prima facie satisfaction that the defendant’s products were visually similar to the plaintiff’s products and its label and get up were similar to that of the plaintiff’s products. The other important consideration which weighed with the Court was a public interest element i.e. the plaintiff’s argument that milk confectionary items such as chocolates were prohibited from importation, if the goods were of Chinese origin. The defendant does not deny that the goods were imported from China. However, its principal contention is that chocolates being fast moving edible items with the festive season round the corner, the Court should take into consideration these facts and also take note of various reports placed on the file.

9. The previous discussion would reveal that the CFL Laboratory reports of June and July 2010 had indicated an irregularity in the defendant’s packaging in regard to non-disclosure of importer’s address. However, as to the public safety element the reports indicated that the samples were fit for human consumption. Similarly the report of FICCI Research and Analysis Centre of 15.10.2010 indicated that samples were fit for human consumption. As regard two reports of Arbro Pharmaceuticals Limited, there is no doubt that the defendant submitted samples which were not drawn from the seized lot. To that extent the plaintiff’s contention is justified. However, as regard the plaintiff’s report what is discernible is that the laboratory i.e. Delhi Test House was furnished with the sample on 13.10.2010; there is no description as to what is date of expiry of the sample. This report too establishes that melamine was not detected; however it indicates presence of 0.39% of milk fat on dry basis. The standard applied was IS:1163:1192. As regards this aspect the defendant had relied upon the relevant standards of the Bureau of Indian Standard, the same according to the material furnished (drawn from http// states that the standard application for chocolates (second revision) is IS 1163:1992.

10. It is apparent from the above discussion that at the stage of seizure, or detention of the goods, and their eventual release, the Central Government had got them chemically examined; the Central Government laboratory in its opinion stated that the products confirmed to the prescribed specifications in the Prevention of Food Adulteration Rules, even though the irregularity in regard to absence of the importer’s name, was disclosed. The controversy as to IA Nos.11549, 13116, 13829/2010 in CS (OS) 1763/2010 Page 4 whether the products contain milk, in this context, does not assume such a predominant consideration. The Government laboratory’s opinion was later endorsed by the FICCI laboratory’s view, of mid October, 2010. Though the plaintiff’s report has been furnished, in this court’s opinion, that cannot outweigh the initial opinion and report of the Central Government food laboratory. Since the suit is at an interim stage, and pertains to adjudication of trademark claims, appropriate orders for their release can be made, after imposing suitable conditions.

11. Rule 32 of the Prevention of Food Adulteration Rules, inter alia, reads as follows:

“32. Every Prepackaged food to carry a label. -

(a) General (1) Prepackaged food shall not be described or presented on any label or in any labelling manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding its character in any respect. (2) Label in prepackaged foods shall be applied in such a manner that they will not become separated from the container.

(3) Contents on the label shall be clear, prominent, indelible and readily legible by the consumer under normal condition of purchase and use. (4) Where the container is covered by a wrapper, the wrapper shall carry the necessary information or the label on the container shall be readily legible through the outer wrapper or not obscured by it.

(b) Labelling of Prepackaged Foods Every package of food shall carry the following information on the label. (1) The Name of the Food The name of the food shall include trade name or description of food contained in the package.

(2) List of Ingredients. -

A list of ingredients shall be declared on the label and shall be in the following manner:-

(i) the list of ingredients shall contain an appropriate title, such as the term “ingredients”;

(ii) the names of ingredients used in the product shall be mentioned in descending order in respect of their composition, by weight or volume, as the case may be;

IA Nos.11549, 13116, 13829/2010 in CS (OS) 1763/2010 Page 5

(iii) every package of food sold as a mixture or combination shall disclose the ingoing percentage, by weight or volume as may be appropriate, of any ingredient at the time of the manufacture of the food (including compound ingredients or categories of ingredients) and if such ingredient,-

(A) is emphasized as present on the label through words or pictures or graphics; or (B) is essential to characterize the food in order to distinguish the food from other categories of food with which it may be confused; or (C) is emphasized as ingredients in the name of the food; or (D) the disclosure of which is deemed to be necessary to enhance the health of consumers or to prevent consumers from being deceived, or (E) is the subject of an express claim about the presence of any fruits, vegetables, whole grains or added sugars:

……… ………….

“(c)(i) the name and complete address of the manufacture and the manufacturing unit, if these are located at different places and in case the manufacturer is not the packer or bottler, the name and complete address of the packing or bottling unit as the case may be;

(ii) where an article of food is manufactured or packed or bottled by a person or a company under the written authority of some other manufacturer or company, under his or its brand name, the label shall carry the name and complete address of the manufacturing or packing or bottling unit as the case may be, and also the name and complete address of the manufacturer or the company, for and on whose behalf it is manufactured or packed or bottled;

(iii) where an article of food is imported into India, the package of food shall also carry the name and complete address of the importer in India: Provided that where any food article manufactured outside India is packed or bottled in India, the package containing the such food article shall also bear on the label, the name of the country of origin of the food article and the name and complete address . of the importer and the premises of the packing or bottling in India.”

The above provision is an important piece of public interest norm, to ensure accountability towards public health standards, in regard to edible articles offered for sale. In this case, the dispute hinges on rival contentions regarding trademark ownership and usage. Yet, there is a subsidiary issue, since importation, and sale of chocolates with any milk content, of Chinese origin are prohibited. Prima facie, the court is of the opinion that the defendants chocolates do not contain milk, and can be offered in the market. Yet, the labeling in these packets, does not IA Nos.11549, 13116, 13829/2010 in CS (OS) 1763/2010 Page 6 contain the prescribed and listed out details, pertaining to ingredients, and importantly, the name of manufacturer and name and address of the importer. Now, these are extremely vital pieces of information which a potential buyer should be informed about, since in the event of any health condition or concern, arising after consumption, it would be well nigh impossible for the importer, who is responsible for the placing of the product in the market, to be brought to book. Now, any infraction of provisions of the PFA and Rules amounts to an offence. This court, of course, is not called upon to decide that issue. Nevertheless, the court cannot be blind to the question.

12. Diwali is a celebration of light; it is also a time for renewal of familial ties and reaffirmation of friendship. Traditionally, celebration of Diwali begins with the exchange of gifts. Elders in the family present clothes to the younger members; the latter gift sweets for members in the family and so on. Gifts are an occasion for elders in the family to show their love and affection for other members of the family. Social mores have undergone radical changes in the manner of celebration of Diwali and particularly in exchange of gifts. Traditionally when families were big and people did not live far from one another personal visits of relatives and exchange gifts and home-made sweets was the accepted norm. Urban compulsions and a burgeoning middle class has completely transformed these practices; it is passé to exchange home-made sweets perhaps for the simple reason that very few people have the time or inclination to cook them. Therefore, sweets, chocolates, packaged bakery and confectionary items are bought and gifted commonly. Apart from gifts amongst family members, the festival has seen change in values; sweets and such like gifts are routinely given to office colleagues, employees, business associates, and “those who matter”. Time only will tell whether these changes have merit, or are necessary; the point however, is that Diwali time spawns a huge industry which caters to these gifts. Sale of sweets, confectionaries, chocolates, and the like goes up by leaps and bounds. In this background, public health considerations become even more crucial. Often, as in this case, these sweets or chocolates are imported and sold as Diwali packages. The quality and standards for manufacture of these products, however, has to conform to the existing laws. In such instances, it becomes essential that the labels fixed on the packages containing such products should indicate the ingredients, in a clear manner, and also disclose the manufacturer, and importer, with his address, simply to fix responsibility, in the event of a IA Nos.11549, 13116, 13829/2010 in CS (OS) 1763/2010 Page 7 mishap or illness.

13. In view of the above discussion, this court deems it appropriate that the concerned authorities of the Departments of Health and Consumer Affairs, Govt. of NCT of Delhi, as well as the Central Government, Ministry of Consumer Affairs, should take appropriate steps to publish in the media, newspapers and periodicals, as well as the public domain, explaining the existence of these standards, to members of the public, to spread awareness, and exhibit caution while purchasing such goods, in order to prevent any harm to the health and well being of the general public.

14. In view of the above discussion, the court is of the opinion that the defendant should be permitted to de-seal the premises, and market its existing stock of Cherier chocolates, subject to-

a) Furnishing a bank guarantee for Rs. 6 lakhs, in favour of the Registrar of this court, within a week;

b) Furnishing accounts in respect of sale of the seized products, within two months;

c) Filing an undertaking not to further import the Cherier chocolates or offer them for sale, henceforth, till pendency of this suit.

Certified copies of this order shall be furnished directly, by the Registry of this court, to the Consumer Affairs, and Health Departments, of the GNCT of Delhi, and the Ministry of Consumer Affairs, Central Government, for appropriate action, in the lines mentioned in Para 13 of this order. All the applications are disposed of in terms of the above directions. Order Dasti, under signatures of the Court Master, to the parties.

29th October, 2010                                           (S.RAVINDRA BHAT)


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Posted by on March 2, 2015 in Court cases


தரமற்ற மதிய உணவு : 40 மாணவர்கள் பாதிப்பு 40 students ill after eating mid-day meal

ஒடிஸா மாநிலம்,

கேந்திரபாரா மாவட்டத்தில் ஆரம்பப் பள்ளியில் தரமற்ற மதிய உணவு சாப்பிட்ட 40 மாணவர்களுக்கு வாந்தி, வயிற்றுப்போக்கு ஏற்பட்டதால் பரபரப்பு நிலவியது.

இதுகுறித்து அரசு அதிகாரிகள் கூறியதாவது:

கேந்திரபாரா மாவட்டத்தின் பாகபன்பூர் கிராமத்தில் அரசு ஆரம்பப் பள்ளியில் புதன்கிழமை மதியம் மாணவர்களுக்கு முட்டைகளுடன் மதிய உணவு வழங்கப்பட்டது. அந்த உணவை சாப்பிட்ட மாணவர்கள் சிலர் வாந்தி எடுத்தனர். அதைத் தொடர்ந்து அவர்களுக்கு வயிற்றுப்போக்கு ஏற்பட்டது. அவர்கள் உடனடியாக அருகில் உள்ள மருத்துவமனையில் சேர்க்கப்பட்டு, சிகிச்சைக்குப் பிறகு வீட்டிற்கு அனுப்பி வைக்கப்பட்டனர்.

தரமற்ற உணவைச் சாப்பிட்டதால் உடல்நல பாதிப்பு ஏற்பட்டதாக மருத்துவர்கள் கூறினர் என்று அதிகாரிகள் தெரிவித்தனர்.

இதுகுறித்து மாவட்ட கல்வி அதிகாரி கூறுகையில், “தரமற்ற உணவை வழங்கியவர்கள் மீது நடவடிக்கை எடுக்கப்படும். இதுதொடர்பாக விசாரணை நடைபெற்று வருகிறது’ என்று தெரிவித்தார்.


At least 40 students ill after eating mid-day meal in Odisha school


At least 40 students of government-run Udayabata Upper Primary school at a village fell ill after allegedly eating a mid-day meal here, officials said Thursday.

The students developed vomiting and loose motion yesterday after eating the mid-day meal that included eggs at the school in Bhagabanpur village. Some of them showed symptoms of nausea, the officials said.

While 20 of the affected students were rushed to nearby Marshaghai Community Health Center, the rest of the sick students recovered after medical aid, they said.

The students who were hospitalized have recovered and have been discharged from hospital, the sources said.

The sickness was due to food poisoning. The food served to the students were either stale or unfit for human consumption, they said.

“Allegations were leveled by the parents that their wards were forced to eat substandard food during mid-day meal. Some of them charged that rotten eggs were served to the students,” said the district education officer (DEO), Markat Keshari Ray.

Officials are making an on-the-spot investigation of the incident. Those found responsible for serving substandard food would be taken to task, he said.


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Posted by on March 2, 2015 in Food poisoning


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