14 December 2023 Criminal Appeals & Suspension of Sentence >> Criminal Law   |   Food & Drugs >> Miscellaneous  

A recent Indian Supreme Court case clarified the legal landscape for food labelling offenses in the country. The case centred on a conflict between two food safety laws: the Prevention of Food Adulteration Act (PFA) and the Food Safety and Standards Act (FSSA).

The Case:

The appellant, a director at a retail company, faced accusations of misbranding biscuits in November 2010. At the time, both PFA and FSSA were operational. However, crucial sections of the FSSA, including those outlining penalties, were not yet fully implemented. The key difference between the two laws lied in their approach to punishment for misbranding. The PFA prescribed imprisonment, while the FSSA imposed a financial penalty. The critical question before the court was determining which law applied to the misbranding offense committed before the FSSA's complete implementation.

The Court's Ruling: FSSA Takes Precedence

The Supreme Court, siding with the appellant, ruled in favor of the FSSA. The court highlighted Section 89 of the FSSA, which grants it "overriding effect" in situations where inconsistencies arise with other food safety laws. Since the FSSA's penalty provisions for misbranding were already in effect at the time of the offense, they superseded the PFA's imprisonment clause. The court emphasized that the appellant could not be punished under both laws due to the conflict and FSSA's overriding authority.

Key Takeaways:

This case clarifies that the date of the offense and the implementation timeline of each law are crucial factors in determining which legislation applies. Additionally, Section 89 of the FSSA establishes its dominance over other food safety laws in case of inconsistencies. The court's decision protects the appellant from imprisonment under the PFA and subjects them to a penalty under the FSSA. It also clarifies a previous case (Hindustan Unilever Limited) where the conflict between PFA and FSSA wasn't relevant due to the timing of the offense.

Food Safety in Flux: Authorities Can Still Pursue Action

While the court overturned the PFA conviction, it left the door open for the authorities to pursue action against the appellant under the FSSA's relevant provisions for misbranding. This case highlights the ongoing evolution of food safety regulations in India and the importance of staying up-to-date on the applicable laws.

  Food Safety and Standards Act, 2006