FSSA Archives | SCC Times

Section 59 of Food Safety and Standards Act overrides Sections 272 and 273 of Penal Code: Supreme Court

Supreme Court in the instant matter explained that when offence under Sections 272 and 273 was made out, offence under Section 59 of FSSA would be attracted.

Case Briefs Supreme Court

Explained| SC verdict on inconsistency between penal provisions under Food Adulteration Act and Food Safety & Standards Act

“The punishment under PFA and the penalty under the FSSA cannot be imposed on the violator for the same misbranding because it will amount to double jeopardy, which is prohibited under Article 20(2) of the Constitution of India.”

Case Briefs High Courts

Delhi High Court upholds ban on flavoured/ scented Tobacco, Gutka, Pan Masala; holds ‘Ban’ is a policy decision not subject to judicial review

The Delhi High Court held that Pan masala, gutka or any other form of chewing tobacco is meant for human consumption will fall under the ambit of Section 3(1)(j) of Food Safety and Standards Act, 2006.

Case Briefs High Courts

Madras High Court| Notification permanently banning sale of tobacco and its products is beyond the scope of powers of Food safety Commissioner

The Commissioner, Food Safety, by issuing successive notifications under Section 30(2)(a) cannot impose an almost permanent ban on a food product, as it is not contemplated by law and if allowed, will amount to doing violence to the provisions.