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10. Rule 29 of PFA Rules 1955 reads thus:

       (a)    --------
       (b)    ---------
       (c)    Peas, strawberries and cherries in hermaticlly sealed container, preserved or

processed oapaya, canned tomato juice, fruit syrup, fruit squash, fruit cordial, jellies, jam, marmalade, candied crystallised or glazed fruits;

(d) Non-alcoholic carbonated and non- carbonated ready-to- serve synthetic beverages including synthetic syrups, sherbets, fruit bar, fruit beverages, fruit drinks, synthetic soft drink concentrates;

       (e)    ----------
       (f)    ----------

11. On reading of the aforesaid provision, it is clear that user of yellow tartrazine is permissible in fruits syrup, fruit squash and fruit cordial etc. Indisputably fruits squash and fruits syrups are the product prepared from fruit juice/puree or concentrate clear or cloudy obtained from any fruit or several fruits by blending it with nutritive sweeteners, water and with or without salt. Fruit crush is also a product made from the fruit or fruit juice/puree or concentrate of fruit juice only difference is that it contains mere pulp. Thus, there can be no distinction between the fruit squash, fruit syrup or fruit crush so far as applicability of the PFA Act and the Rules prescribed thereunder is concerned. My aforesaid view finds support from the definition of squashes, crush, fruit syrups/fruit sarbats and barley water given in A.16.21 of Appendix B incorporated in the Appendix B subsequently by an amendment in the year 2005, which reads thus:

"A.16.21- SQUASHES, CRUSHES, FRUIT SYRUPS/FRUIT SHARBATS AND BARELY WATER means the product prepared from unfermented but fermentable fruit juice/puree or concentrate clear or cloudy, obtained from any suitable fruit or several fruits by blending it with nutritive sweeteners, water and with or without salt, aromatic herbs, peel oil and any other ingredients suitable to the products."

12. Taking into account that fruits squash/fruit syrup as also the fruit crush are derived from the ripe fruit, the standard applicable to all these products ought to be similar. Admittedly, at the relevant time, when the sample was taken, there was no standard prescribed for fruit crush. Therefore, under the circumstances it has to be treated at par with fruit products detailed in Rule 29(c) of PFA Rules and the standards applicable fruit squash/syrup/cordially ought to have been applied in the instant case. Otherwise also, it falls within the category of non-alcoholic fruit drink and is covered under Rule 29 of PFA Rules. Indisputably, as per Rule 29 (c) and (d) of PFA Rules, user of tartrazine, sunset yellow in manufacture of fruit squash, fruit syrup etc. and non- alcoholic fruit drink etc. is permissible. Therefore, by no stretch of imagination, it can be said that the petitioner or his company has violated the provisions of PFA Act or the PFA Rules framed thereunder.