Case Note & Summary
The petitioner, a company manufacturing food products, operated a factory under a license issued under the Maharashtra Prevention of Food Adulteration Rules, 1962. Following a complaint of larvae in a product, the Food Inspector inspected the factory on 8 October 2008 and 12 May 2009. A show cause notice was issued on 15 May 2009 detailing various alleged violations: (A) Use of raw materials (spinach powder, besan, flavors) beyond their 'best before' date, in violation of Rule 32(i) of the Prevention of Food Adulteration Rules, 1955; (B) Absence of manufacturer details on certain raw material packaging, violating Rule 32(i) or 32(c); (C) 'Best before' date not mentioned on salt raw material; (D) Non-availability of food grade certificate for GMS used as lubricant, alleged violation of Section 2(1a)(a), 2(ia)(m) of the PFA Act and Rule 81; (E) Broken tiles and food accumulation in manufacturing area, contrary to Rule 5(3) of Maharashtra Rules and license condition 4B; (F) No medical examination of contract workers handling food, violating Rule 50(9); (G) Packaging area not clean, with wrappers and food particles on floor; (H) Food grade certificate for plastic packaging not produced, violating Rule 49(5). The petitioner provided explanations: internal R&D had validated extended shelf life; importer would rectify labeling; 'best before' was present on salt for inspection; GMS was used only as lubricant; broken tiles were being repaired; contract workers' medical examinations were ongoing; cleaning was in progress during inspection; and food grade certificates were being obtained. The Licensing Officer rejected the explanations and suspended the license for two days on 11 June 2009. The appeal to the Commissioner was dismissed on 17 April 2010, leading to the writ petition under Article 226 of the Constitution. The court admitted the petition and stayed the order. The matter was heard and reserved for judgment on 1 October 2010, and judgment was pronounced on 23 December 2010. The provided text does not include the court's analysis or final decision.
Issue of Consideration
WRIT PETITION NO.3998 OF 2010
Case Details
2010 LawText (BOM) (12) 43
Writ Petition No.3998 of 2010
Mohit S. Shah, C.J. and Dr. D.Y. Chandrachud, J.
Mr. Janak Dwarkadas, Senior Advocate with Mr. Rajeev V. Talasikar for the petitioner; Mr. S.N. Patil, Assistant Government Pleader for respondents
PepsiCo India Holdings Limited
State of Maharashtra, through the Secretary, Food and Drug Administration, Consumer Protection Department, Mantralaya, Mumbai - 400 032 and The Commissioner, Food and Drug Administration, Maharashtra, having his Office at Bandra-Kurla Complex, Bandra (E), Mumbai - 400 051
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India challenging the order confirming suspension of food manufacturing license.
Remedy Sought
Petitioner sought quashing of the order dated 17 April 2010 and the order dated 11 June 2009 suspending its license.
Filing Reason
The Licensing Officer suspended the license for two days based on inspection findings, and the appeal against the suspension was dismissed, leading to the filing of the writ petition.
Previous Decisions
The Licensing Officer suspended the license on 11 June 2009. The Food (Health) Officer & Commissioner dismissed the appeal on 17 April 2010.
Judgment Excerpts
What is challenged in this petition under Article 226 of the Constitution of India is the order dated 17 April 2010 ... suspending the license of the petitioner-factory for a period of two days.
Use of raw materials beyond 'Best Before' date: Spinach powder ... Best buy –Feb.2009, stock 52 nos. The said food product is stored for production even after expiry of Best buy date.
It has been observed that best before date has not been mentioned on raw material Centurian refined iodized salt, product date 06.08 of 60 kg and 120 kg bags. This is the violation of Rule 32(i).
Procedural History
On 7 October 2008, a complaint was received regarding infection of larves in a product. The Food Inspector inspected the factory on 8 October 2008 and 12 May 2009. On 15 May 2009, a show cause notice was issued to the petitioner, detailing alleged violations. The petitioner submitted its explanation on 1 June 2009. By order dated 11 June 2009, the Licensing Officer suspended the petitioner's license for two days. The petitioner appealed to the Commissioner, Food and Drug Administration, which was dismissed on 17 April 2010. The petitioner then filed Writ Petition No.3998 of 2010 under Article 226 of the Constitution. During pendency, the court stayed the impugned orders. The petition was taken up for final disposal, heard on 1 October 2010, and judgment was pronounced on 23 December 2010.
Acts & Sections
- Prevention of Food Adulteration Act, 1954: 2(1a)(a), 2(ia)(m)
- Prevention of Food Adulteration Rules, 1955: 32(i), 32(c), 49(v), 49(5), 50(9), 81
- Maharashtra Prevention of Food Adulteration Rules, 1962: 5(3), License Condition No.4 B, License Condition No.4 C
- Constitution of India: Article 226
