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Delhi HC Stays FSSAI’s Order Banning Blending In Mustard Oil

30 Sep 2020 8:47 pm
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NEW DELHI (Commodities control) Delhi High Court has stayed an order of Food Safety and Standards Authority (FSSAI) banning blending of other edible oil in mustard oil. The High Court said that there shall be stay on the operation of the order of FSSAI dated 23 September, 2020 till the next date of hearing.

B. R. Oil Industries Pvt. Ltd. Filed a petition through it’s advocate Mr. R. K. Sanghi, Satyadendra Kumar and Ishan Sanghi against central government and others including FSSAI. High Court’s Judge Navin Chawla held hearing by video conferencing. Although, on one was appeared in the court for the case. But the court issued notice Ms. Shive Lakshmi who was appeared in the court on behalf of the government in connection with another case.

The petitioner said in his favour that while the consultation on the draft Food Safety and Standards (Prohibition and Restriction on Sales) Amendment Regulations, 2020 was under progress. In the meanwhile, impugned direction dated 23 September, 2020 was issued. The direction prohibited blending of edible vegetable oils in mustard oil.

The petition challenged the order on the basis of judgement dated 30 June, 2014 of Bombay High Court. In the case between Vital Nutraceuticals Pvt. Ltd verses Central government, advocate of the petitioner submitted that the provision of section 92 and 93 of Food Safety and Standards Act, 2006, cannot be circumvented in this manner. Being contrary to the Regulations in force, such direction cannot be issued by the respondents.

It is to be noted that FSSAI issued order on last 23 September and prohibited blending other vegetable oil in mustard. As per government’s order, blending of 20 percent other vegetable oils in mustard oil was permissible. The industry sharply reacted on the latest prohibition order of FSSAI. However, there was mixed reaction from smaller mustard oil extractors. Many extractors felt such prohibition will be beneficial for smaller players and mustard producing farmers.

(By Commoditiescontrol Bureau: +91-22-40015505)

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