Monday, December 29, 2014

SEALING OF FOOD UNITS WARRANT SHOW CAUSE NOTICE



The Madras High Court had recently observed that the Designated Officers under the Food Safety and Standards Act (FSSA), 2006 cannot seal a business premises without issuing a show cause notice and conducting an enquiry into the alleged violation of the legal provisions. 

Hon. Justice M. Venugopal made this observation issued an interim direction to the Designated Officer in Virudhunagar district to unseal a private firm involved in the trade of coriander powder. The building was sealed recently  on a charge of violating food safety rules.
Agreeing with the petitioner’s counsel that sealing the premises all of a sudden would deprive the owner as well as the workers of their livelihood, the Judge said it was essential to follow the principles of natural justice in every matter that might lead to civil consequences.
“The aggrieved party should have been given prior notice, fair opportunity of hearing and also if need be a personal hearing… If any of them is found to be absent or wanting, then it is a clear case of arbitrariness, capriciousness and negation of principles of natural justice,” he added.
Food Safety Officers must be more careful in such circumstances. This observation is a guideline for our future activities.

1 comment:

Quality Services said...

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