opinion from Food Safety Department in which
it revealed that the sample is unsafe because it contains two
dead insects. It is alleged that complainant ... Food Safety
Department, which, after reviewing the samples submitted in its
report that 'sample is unsafe because it contains two dead insects'.
Thereafter
1035/2014 dated 31/10/2014 has reported that the sample is
unsafe because total dye content of the synthetic colour used
exceed the prescribed ... later on RFL, is that as per the reports, the sample was unsafe
as excessive artifical food colouring matter was found in the
sampled food
1178 dated 08.04.2013
(Annexure P/2) opined that the said sample is unsafe for consumption due to
fungus growth formation on neck and mouth ... punishment for unsafe
food.
16. Relevant provision Section 59 (i) of the Act is reproduced below: -
" Section 59 . Punishment for unsafe food. - Any person
permitted under Regulation 2 .7.2 (Appendix A). Hence sample
is unsafe under Section ... amount of colouring matter in the sample. It is stated that
considering the report of the three samples of the same batch/lot the
department
Vide report dated 3.11.2014 the Food Analyst declared
that the aforesaid sample is unsafe under Section 3(zz)(xi)(Mgco3) of
the Food Safety ... Central Laboratory. Therefore, there is no conclusive proof about
the unsafeness of the disputed sample, for which the petitioner can be
prosecuted. The shelf life
Food Analyst who vide his report dated 30.4.2015 found the sample to be Kheshari Sabut and opined that the same is kheshari dal which ... regulation 2.2.1. It is not fit for human consumption. Hence the sample is unsafe.
5. A short argument has been raised by learned counsel
said sample did not conform with
the standards laid down under regulation 2.10.8 of FSSAI
Regulations 2011 and declared the said sample was unsafe
under ... 5709/2015 CAV JUDGMENT DATED: 27/10/2023
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sample no.44/2013 was declared unsafe; that on 11.4.2014, the
Designated Officer, Food and Drugs
sample is found to be
safe, the remaining sample is required to be returned to the importer.
If the sample is found to be unsafe ... sample sent
to the Food Analyst is found to be unsafe that such second sample be
referred to the Referral Laboratory. The communication
dated
therefore unsafe as per Section
3(1)(zz)(iii)&(xii) of Food Safety and Standards Act 2006."
5. Thereafter, another sample was sent ... sample is not conforming to
the regulation 2.3.1 of FSS (Contaminants, Toxins and
Residues) Regulation, 2011 and amendments thereon.
Therefore the sample is unsafe
officers from local administration
inspected the milk dairy of petitioner and took sample of buffalo's milk. The
said milk was tested ... body's case that the
said milk sample was unsafe to be consumed. There was no toxic or foreign
substance or any adulteration found
