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3. Brief facts of the present case are that the petitioner company is primarily engaged in the business of import, distribution and sale of wide range of products that are used by manufacturers of food and beverages, dietary supplements and pet food. On 07.02.2014, the petitioner imported from Danisco France SAS "YO-MIX 305 LYO 50 DCU" (hereinafter referred to as the 'goods') which is a blend of strains of lactic acid bacteria, that is used for direct vat inoculation into milk for preparing yogurt and fermented milk products.

11. It is also necessary to note that Section 25(1)(iii) of the FSS Act, inter alia, prohibits import of any article of food in contravention of any other provision of the FSS Act or any rule or regulation made thereunder.

12. Before examining whether the Labelling Regulations are applicable to the goods imported by the petitioner and, if applicable, whether the same have been complied with, it would be necessary to note the nature of the goods in question. The goods are stated to be a blend of strains of lactic acid bacteria, that is used for direct vat inoculation into milk for preparing yogurt and fermented milk products. The label on package describes the goods "to be freeze-dried concentrated lactic cultures comprising of lactobacillus bulgaricus and streptococcus thermophilus along with sucrose and maltodextrin as carriers".

25. Before concluding, it would be necessary to examine whether the packing of the goods in question is otherwise deficient as contended by the learned counsel for the FSSAI. The packing of the goods in question clearly mentions that the goods are "freeze-dried concentrated lactic cultures for direct-vat inoculation into milk. Packed in protected atmosphere. Consult technical documentation for conditions of use". The 'date of manufacture' as well as 'best before date' has been boldly printed on the packing. In addition, the packing discloses the name and address of the manufacturer, the country of origin as well as the net weight. Further, each packet mentions the lot number and also bears a bar code. The product is named "YO-MIX 305 LYO 50 DCU". It is also relevant to note that FSSAI had issued a guideline dated 23.03.2012 specifying the labelling information for various kinds of packages of food consignment. In terms of the said guidelines, minimum labelling requirements for pre-packaged or pre- packed food and wholesale packages (including semi finished/intermediary food products which will be further processed to make final product & packed as pre-packaged or pre-packed food) were as under:-

Sucrose Maltodextrins.

Properties

- Freeze dried form facilitates the storage and handling of cultures.

- YO-MIXTM 305 LYO 50 DCU is a blend of selected strains for direct vat inoculation of manufacturing milk, these strains have been carefully chosen and combined to answer your specific needs in term of acidification, texture and taste.