Case Note & Summary
The Petitioner, M/s Pernod Ricard India P. Ltd., a company engaged in manufacturing, selling, and importing alcoholic beverages including the wine brand 'Jacob's Creek', imported consignments of wine which were withheld by the Port Authorities (Respondent No.3) because the Food Safety and Standards Authority of India (FSSAI) refused to issue a No Objection Certificate (NOC). The refusal was based on the ground that the wine samples contained 'Acidity Regulator: Tartaric Acid (INS334)' and 'Antioxidant: Iso Ascorbic Acid (INS315)', which were allegedly not permitted under Appendix A, Table No.3, Row No.14 of the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011 (FSSR, 2011). The Petitioner contended that these additives are in fact permitted under the regulations and sought a writ of mandamus directing the FSSAI to issue the NOC and the Customs to release the consignments. The court examined the relevant regulations and found that Row 14 of Table 3 only prescribes maximum limits for certain additives and does not prohibit the use of other additives that are generally permitted. Since Tartaric Acid and Ascorbic Acid are listed as permitted food additives in other provisions of the FSSR, 2011, the court held that the refusal was unjustified. The court allowed the petition, directing the FSSAI to issue the NOC and the Customs to release the consignments. The court also directed that future consignments should not be refused on this ground alone.
Headnote
A) Food Safety - Food Additives - Permissibility of Tartaric Acid and Ascorbic Acid in Wine - Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011, Appendix A, Table 3, Row 14 - The court examined whether the refusal of NOC by FSSAI on the ground that the wine contained Tartaric Acid and Ascorbic Acid which were not permitted under Row 14 of Table 3 was justified. The court held that Row 14 only lists the maximum permissible limits for certain additives and does not prohibit the use of other additives that are generally permitted under the regulations. Since Tartaric Acid and Ascorbic Acid are listed as permitted additives in other parts of the regulations, their use in wine is allowed. (Paras 1-10)
Issue of Consideration
Whether Tartaric Acid (INS334) and Ascorbic Acid (INS315) are permitted food additives in wine under the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011, and whether the refusal to issue NOC on that ground is valid.
Final Decision
The court allowed the petition, directing Respondent No.2 (FSSAI) to issue the NOC with respect to the imported consignments of wine as detailed in Exh. ‘E’ to the Petition, and directing Respondent No.3 (Commissioner of Customs) to release the said consignments. The court also directed that Respondent No.2 shall not refuse the NOC for future consignments of wine on the ground that they contain Tartaric Acid and Ascorbic Acid.
Law Points
- Interpretation of food additive regulations
- Permitted use of acidity regulators and antioxidants in wine
- Applicability of Appendix A Table 3 Row 14 of FSSR 2011
