"UP High Court Upholds Food Safety Standards: Sugandhit Supari Classified as Food Product Under FSSA, 2006"
The court held that "sugandhit supari" is classified as a food item under the Food Safety Standards Act, 2006, and not merely a tobacco product under the Cigarettes and Other Tobacco Products Act, 2003. The summoning order passed by Additional Session Judge Jhasi and the non-bailable warrant issued by Additional District Judge Jhasi were upheld. The application under Section 482 Cr.P.C. for quashing these orders was dismissed.
Jagdish Prasad & Another v. State of UP & Another
Crl. Misc. Case No.11772/2024
Before the High Court of Allahabad
Heard by Hon’ble Mr. Justice Arun Kumar Singh Deshwal J
The applicants firm M/s Balaji Traders Orai was involved in the manufacturing and sale of a product named "sugandhit supari".
An inspection was conducted by the Food Security Officer on 20.02.2020 at the manufacturing unit of the firm.
During the inspection, 370 packets of "sugandhit supari" were found, four of which were purchased and sent for analysis.
The food analyst's report indicated that the product contained tobacco, was of substandard quality, and did not meet labeling requirements.
A complaint was filed, leading to the summoning of the applicants and the issuance of a non-bailable warrant.
Whether "sugandhit supari" is classified as a tobacco product or a food item under the relevant laws.
Whether the proceedings under the Food Safety and Standards Act, 2006 (FSSA, 2006) are valid if "sugandhit supari" is a tobacco product.
"Sugandhit supari" is a tobacco product, and thus proceedings under the FSSA, 2006 are erroneous.
The product should be regulated under the Cigarettes and Other Tobacco Products Act, 2003 (COTPA, 2003).
Even if considered a food item, the applicants hold a valid license, making the invocation of the FSSA, 2006 incorrect.
Opposite Party's Argument
"Sugandhit supari" is a food item and thus falls under the purview of the FSSA, 2006.The applicants failed to present a valid license at the time of inspection.
The FSSA, 2006 regulates food items to ensure safety for human consumption, while the COTPA, 2003 focuses on regulating and controlling tobacco product.
It considered the inclusion of betel nut (supari) under the definition of food and primary food in the FSSA, 2006 and its standards under the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011.
Food Safety and Standards Act, 2006: Defines "food" as any substance intended for human consumption and includes primary food (Section 3(1)(j)). Betel nut falls under this category as it is a primary food product derived from agriculture.
COTPA, 2003: Regulates tobacco products listed in its schedule. Betel nut (supari) is not listed as a tobacco product under COTPA, 2003 unless it contains tobacco as an ingredient.
