Petitioner challenged summoning order under PFA Act for selling bread without expiry date. Court held Section 32(i) proviso mandates 'best before date' for bread, dismissing the petition for failure to comply.
Petition dismissed for no illegality in impugned orders regarding mandatory 'best before date' declaration for bread.
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C 482 No. 1132 of 2014
Hon’ble Alok Singh, J.
Mr. Ramji Srivastava, Advocate for the petitioner.
Mr. V.K. Gemini, Deputy Advocate General for the State of Uttarakhand.
Petitioner no. 1 is the proprietor of Reliance Food Processing Company. The said firm was producing bread. On 25.02.2010, respondent no. 2 took three packets of bread and sent to the Public Analyst. The Public Analyst reported that last consumption date or expiry date of product is not mentioned on the product, therefore, product is misbranded. Thereafter, respondent no. 2 after completing all the formalities filed a complaint in the court of Judicial Magistrate, Chamoli. Learned Judicial Magistrate, Chamoli vide order dated 17.02.2011 summoned the petitioner to face trial under Section 7/16 of the Prevention of Food Adulteration Act, 1954. Against the summoning order petitioner filed revision before the Session Court, which was dismissed. Feeling aggrieved, petitioner has approached this Court.
Mr. Ramji Srivastava, Advocate for the petitioner submits that Rule 32 (f) and (g) of the Prevention of Food Adulteration Rules, 1955 are applied only to the commodities which are required to be used within three months of the manufacturing. Rule 32 (g) provides that label of commodity must contain by mentioning ‘use by date/recommended last consumption date / expiry date’ but the same are in respect of only to the commodities like aspartame and infant milk. Therefore, bread is not a commodity which is used after three months, therefore, consumption date / expiry date is not required to be mentioned.
I do not find any force in the submission of Mr. Ramji Srivastava, Advocate for the petitioner because second proviso to Section 32 (i) of the Rules specifically provides that for commodities like
“bread” declaration of “best before ………. date/month/year” is mandatory.
In view of the view of the above, I do not find any illegality in the impugned orders. Therefore, present petition fails and is hereby dismissed.
SKS
1 issue framed by the court
Whether declaration of 'best before date' is mandatory for bread under the second proviso to Section 32(i) of the Prevention of Food Adulteration Rules, 1955.
3 provisions across 2 enactments
Proprietor of Reliance Food Processing Company
State of Uttarakhand
Alok Singh
As recorded by the court registry
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