FSAT upholds order of Adjudicating Officer against Bunge India Pvt. Ltd. & Others
JAMMU MARCH 23: Food Safety Appellate Tribunal, Jammu established under Food Safety and Standards Act, 2006 has upheld the judgments pronounced by Adjudicating Officers of District Samba in the case titled Food Safety Officer Purmandal V/s Bunge India Pvt. Ltd., Bandra East, Mumbai wherein a penalty of Rs.4.7 lakh has been imposed on the accused parties.
The case was pleaded by Advocate Kanav Raina, Standing Council of the department before the Food Safety Appellate Tribunal Jammu.
On 06.06.2015, Food Safety Officer, Purmandal Samba, during a routine inspection of Food Park at SIDCO Complex Bari Brahamna also inspected the manufacturing unit of M/s Khajuria Food Industry and lifted the sample of Bakery shortening and other articles and sent the same to the food testing laboratory Jammu for analysis. As per the opinion of Food Analyst Jammu, the sample was found to be substandard and did not conform to the requirement of Regulation 2.2.6(2) of Food Safety and Standards (Food Products standards and Food Additive) Regulations 2011. Consequently, a complaint under the relevant provisions of Food Safety and Standards Act 2006 was lodged against the seller/owner and distributor.
After the detailed inquiry, the Adjudicating Officer, Samba opined that all the accused parties have contravened Section 26(2) (ii) read with Section 51, Food Safety and Standards Act 2006 for manufacturing, distributing and selling the sub-standard Bakery Shortening (Lily Vanaspati), and accordingly a penalty of Rs 2.5 lakh was imposed on the manufacturer M/s Bunge India Pvt. Ltd Mumbai, Rs 2 lakh on the distributor M/s AM Enterprises, Ware House Jammu and also Rs 10,000 each on M/s Khajuria Food Industry, Bari Brahamana (seller/owner) where from the sample was lifted. The seller/owner of the said business had deposited the penalty imposed by the AO Samba. However, the manufacturer and distributor had filed an appeal before the FSAT, Jammu against the Order of the Adjudicating Officer (Addl. District Magistrate) Samba dated 13.08.2018.