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Sep 08 2010 (HC)

Pepsico India Holdings (Pvt) Limited and Another. Vs. State of U.P. an ...

Court : Allahabad

..... also made cognizable and non-bailable. thereafter, the parliament made further amendments to the pfa actpfa actpfa actpfa act through the act no. 34 of 1976. by this amendment graded punishment based on the degree of violation was introduced. recently, the parliament in the year 2006 passed the food safety and standards act (in short, referred to as 'fssa'). various provisions of fssa were notified from time ..... of the fssa, 2006. the notification reads as under:- "s.o.1855(e):- in exercise of the powers conferred by sub-section(3) of section 1 of the food safety and standards act, 2006 (34 of 2006), the central government hereby appoints the 29th day of july, 2010 as the date on which the provisions of section 19 to 21 (both inclusive ..... for alteration of sections, which was allowed by the competent court and the petitioners were remanded only under section 273 ipcipcipc and sections 51 and 57 of the food safety and standards act, 2006. 7. draped in brevity, the facts of the case are that the petitioner- pepsico india holdings private limited, is a company registered under the provisions of ..... to time but finally on 29th july, 2010, section 97 of fssa, which repealed all other food .....

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Apr 23 2012 (HC)

Ms.Unik Traders Vs. the Commissioner of Customs.

Court : Chennai

..... mysore, the nodal agency in terms of section 4 of the prevention of food adulteration act, 1954, as amended. the said laboratory under reports dated 13.12.2011, has now found that the samples confirm to the fact that it is indeed monosodium glutamate, a food additive falling under the food safety and standards act, 2006 and the rules of 2011. the said reports collectively are annexure-m ..... gave his opinion vide their certificates no.502p/fssa/2011; 503p/fssa/2011 & 504p/fssa/2011, all dated 13.12.2011 that samples conform as a permitted food additive (monosodium glutamate) under the food safety and standards act, 2006 and rules, 2011 thereof. in the said report, the label details were mentioned as:label (as per separate date sheet) monosodium glutamate : country of origin : ..... of analysis produced by the petitioner to the laboratory and thus the same is not reliable and acceptable.(vi) the petitioner's contention that the appropriate authority, under the food safety and standards act, 2006 and rules, 2011 has not taken any action in respect of the subject consignments is not correct. a show cause notice was issued under section 124 of customs ..... b) has not been mentioned in the packages as per rule 32(k).(viii) the requirement of mandate of affixing the details on the label, if any under the food safety and standards act, 2006 and rules, 11 would be done at the time of repacking of the subject goods cannot be sustained since the customs authorities cannot supervise the same for the .....

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Sep 15 2012 (HC)

M/S. Dhariwal Industries Limited and Others Vs. the State of Maharasht ...

Court : Mumbai

..... validity of the following provisions of two different regulations under the food safety and standards act, 2006 (the food safety act or fss act or act of 2006) as well as the statutory order dated 19 july 2012 of the commissioner of food safety, state of maharashtra under section 30(2)(a) of the food safety act. the regulations impugned in these petitions are - (i) ..... and other tobacco products and for matters connected therewith or incidental thereto. preamble to food safety and standards act, 2006: an act to consolidate the laws relating to food and to establish the food safety and standards authority of india for laying down science-based standards for articles of food and to regulate their manufacture, storage, distribution, sale and import, to ensure availability ..... copy of the food safety and standards act is present on the website www.fssal.gov.in. 10. the learned counsel for the petitioners have also placed strong reliance on the report of the expert group which was appointed to examine the draft notification dated 25 november 2005 for amendment of the prevention of food adulteration act. the expert ..... manufacture, distribution and sale of gutka and pan masala. 61. after taking into consideration the provisions of prevention of food adulteration act, 1954 and the rules thereunder, food safety and standards act, 2006, the regulations made thereunder, the cigarettes act, 2003, the judgment of the supreme court in ghodawat case and the material on record, and after considering .....

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Sep 15 2012 (HC)

M/S. Dhariwal Industries Limited and Others Vs. the State of Maharasht ...

Court : Mumbai

..... validity of the following provisions of two different regulations under the food safety and standards act, 2006 ( the food safety act or fss act or act of 2006 ) as well as the statutory order dated 19 july 2012 of the commissioner of food safety, state of maharashtra under section 30(2)(a) of the food safety act. the regulations impugned in these petitions are - (i) regulation ..... and other tobacco products and for matters connected therewith or incidental thereto. preamble to food safety and standards act, 2006: an act to consolidate the laws relating to food and to establish the food safety and standards authority of india for laying down science-based standards for articles of food and to regulate their manufacture, storage, distribution, sale and import, to ensure availability ..... copy of the food safety and standards act is present on the website www.fssal.gov.in. 10. the learned counsel for the petitioners have also placed strong reliance on the report of the expert group which was appointed to examine the draft notification dated 25 november 2005 for amendment of the prevention of food adulteration act. the expert ..... (known as gutka) and pan masala not containing tobacco. the petitioners claim to have licences and permissions under the prevention of food adulteration act, 1954 which is now replaced by the food safety and standards act, 2006 and the other legislations. according to the learned counsel for the petitioners in five petitions, the petitioners' factories are situate .....

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Jun 18 1979 (FN)

United States V. Rutherford

Court : US Supreme Court

..... terms "safe" and "effective" in 201(p)(1). a nothing in the history of the 1938 food, drug, and cosmetic act, which first established procedures for review of drug safety, or of the 1962 amendments, which added the current safety and effectiveness standards in 201(p)(1), [ footnote 8 ] suggests that congress intended protection only for persons suffering from ..... no demonstrable curative properties, the consequences can be irreversible. [ footnote 13 ] for this reason, even before the 1962 amendments incorporated an efficacy standard into new drug application procedures, the fda considered effectiveness when reviewing the safety of drugs used to treat terminal illness. see nn. 8 9 supra. the fda's practice also reflects the recognition, ..... curable diseases. to the contrary, in deliberations preceding the 1938 act, congress expressed concern that individuals with fatal illnesses, such as ..... 321 (p)(1). i section 505 of the federal food, drug, and cosmetic act, 52 stat. 1052, as amended, 21 u.s.c. 355, prohibits interstate distribution of any "new drug" unless the secretary of health, education, and welfare approves an application supported by substantial evidence of the drug's safety and effectiveness. [ footnote 1 ] as defined in .....

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1990

Dole V. United Steelworkers

Court : US Supreme Court

..... drugs subject to the labeling requirements of the federal food drug, and cosmetic act, 52 stat. 1040, as amended, 21 u.s.c. 301 et seq. (1982 ed.), and all consumer products or hazardous substances subject to a consumer product safety standard or labeling requirements of the consumer product safety act, 86 stat. 1207, as amended, 15 u.s.c. 2051 et seq. (1988), or the ..... federal hazardous substances act, 74 stat. 372, as amended, 15 u.s.c. 1261 et seq. (1988), or regulations issued under those ..... 3501 et seq. (1982 ed. and supp. v), to review such regulations. i in 1983, pursuant to the occupational safety and health act of 1970 (osh act), 84 stat. 1590, 29 u.s.c. 651 et seq. (1982 ed.), which authorizes the department of labor (dol) to set health and safety standards for workplaces, dol page 494 u. s. 29 promulgated a hazard communications ..... standard. 29 cfr 1910.1200 (1984). the standard imposed various requirements on manufacturers aimed at ensuring that their employees were informed .....

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Nov 19 2013 (HC)

Asim Chaudhary Vs. Union of India and ors.

Court : Delhi

..... referred to as `ongc ) holding a permanent lien to a post with this organisation. at the relevant time, the borrowing organisation, the food safety & standards authority of india (hereinafter referred to as 'fssai'), a statutory body set up under the food safety & standards act, 2006 was in the nascent stages of its organisation. it issued an advertisement in august, 2010 inviting applications for filling up a single ..... by him. (d) direct the central government that the post of ceo should .-. filled at the earliest as he is the legal representation and administrative and financial head under the food safety and standards act, 2006. (e) direct that cost should be awarded to the applicant for this litigation, which has really been thrust upon him by the arbitrary action of the chairperson and ..... issue a writ of mandamus directing resp no 1 to allow the applicant to complete his deputation in the food safety and standards authority of india as per the dopt rules om no.2/99/91-estt. (p-ii) dated 5.1.1994, as amended from time to time, and dopt om no.6/8/2009 dated 17.6.2010, as per the original ..... acting ceo of fssai. (f) award compensation to the applicant for the unwarranted hassle and mental agony caused to him by this litigation. 2. the challenge by the petitioner raises primarily .....

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Jan 23 2012 (FN)

National Meat Assn. V. Harris

Court : US Supreme Court

..... . s. c. 1901 et seq., which originally applied only to slaughterhouses selling meat to the federal government. the department of agriculture s food safety ..... 224. argued november 9, 2011 decided january 23, 2012 the federal meat inspection act (fmia), 21 u. s. c. 601 et seq., regulates a broad range of activities at slaughterhouses to ensure the safety of meat and the humane handling of animals. the department of agriculture s food safety and inspection service (fsis), which administers the fmia, has issued extensive regulations to ..... and slaughter of animals set out in the humane methods of slaughter act of 1958, (hmsa), 72stat. 862, 7 u ..... industry, the act establishes an elaborate system of inspecti[ng] live animals and carcasses in order to prevent the shipment of impure, unwholesome, and unfit meat and meat-food products. pittsburgh melting co. v. totten, 248 u. s. 1 5 (1918). and since amended in 1978, see 92stat. 1069, the fmia requires all slaughterhouses to comply with the standards for humane handling .....

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Nov 09 2012 (HC)

Lochamesh B. Hugar and Others Vs. Union of India Represented by Its Se ...

Court : Karnataka

..... down science based standards for articles of food and to regulate their ..... in order to converge all food laws and to have a single regulatory body the food safety and standard act was enacted by the parliament by act, 34 of 2006 published in the official gazette on 23.08.2006. the statement of objects and reasons of the said enactment was to consolidate the law relating to food and to establish the food safety standards authority of indian for laying ..... 123 at page 152 can be looked up. 28. thus, keeping in mind the above principles the provisions of the food safety and standards act, 2006 as well as the bureau of indian standards act, 1986 are perused by us. 29. section 3(j) of fss act, food has been defined to include packaged drinking water; section 3(zc) defines manufacture to mean a process or adoption ..... act, 1954 (pfa) as well as food safety and standards act, 2006 or whether one remedy would exclude the other came up for consideration before the high court of delhi in the case of bottled water processors association vs union of india and other in w.p.(c) no.11672/2009 disposed of on 20.05.2010 whereunder it was held as follows: 16. the amendment .....

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Oct 22 2013 (SC)

Centre for Public Interest Litigation Vs. Union of India and ors.

Court : Supreme Court of India

..... level of protection of human life and health and protection of consumers interest, including fair practices in all counts of food trade with reference to food safety standards and practices.16. the manufacture and sale of carbonated soft drinks is regulated by the prevention of food adulteration act, 1954 (pfa actpfa actpfa actpfa act), the pfa rules and the fruit products order, 1955 issued under the essential commodities ..... representative bodies including all levels of panchayats, during the preparation, evaluation and revision of regulations, except where it is of opinion that there is an urgency concerning food safety or public health to make or amend the regulations in which case such consultation may be dispensed with: provided that such regulations shall be in force for not more than six months; (e) ..... gsr (e) dated 19.9.2008, declaration of all the ingredients of the food products and in particular soft drinks, is required to be made in the descending order and nutritional information is also required to ..... of the act to take steps under part vii of the pfa rules to prohibit and regulate the sale of certain foods.18. adequate provisions have already been made and rules and regulations are in force for prescribing labelling requirements as per rule 32 to rule 44 of pfa rules, 1955. as per rule 32 of pfa rules, as amended vide notification .....

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