FSSAI has put Order of Seizure at my premises and has taken Video and Photo they have written “All the food products available at the premise has been taken in Video n Photo. Since the products are detained at your custody it is ordered not to interfare with the product till further orders” And directing us to keep in your safe custody. And police is appointed to be on guard of goods. What should be our course of action. What is our liability What if the orders are not passed for long so how can we expedite it as shop cannot be open Also there are police officer at pur premises so are they legally ok to be there.
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Order of seizure is passed when in opinion of FSSAI
food products appear to be adulterated /mis branded
2) wait for further orders to be passed
3) if orders are not passed for long file writ petition in HC to direct FSSAI to pass orders within period of 2 weeks or so
4) police officer has been posted to be on guard of food products
Why food officer locked the premises ?
Had he took sample for food analyses ?
have to approach High cort for unseized of premises.
You should inquire whether sample of the products seized will be sent to lab for analysis but before sending the sample for analysis, food safety officer is required to give you a notice in writing and your signature will be taken on the sample which will be sent to the lab for analysis In case there is any adulteration in your products or if they are found to be of sub standard penalty up to 5 lakhs can be imposed upon you, If any unfavorable order passed against you can appeal in the Food safety appellate tribunal against that order, also under section 39 of the THE FOOD SAFETY AND STANDARDS ACT, 2006, if any food safety officer vexatiously and without any reasonable ground seizes any article of food or adulterant commits any other act to the injury of any person without having reason to believe that such act is necessary for the execution of his duty shall be guilty of an offence under this Act and shall be liable to a penalty which may extend to one lakh rupees. According to section 38 of the same Act Food Safety officers are empowered to seize any article which they suspect to be adulterated and he may require you to keep it in safe custody for that he's even empowered to require you to sign a bond with sureties.
Dear Client,
Keep following the FSSAI's directive to refrain from tampering with the food products that have been seized. Up until further instructions are provided, do not remove or tamper with the products. The particulars of the seizure's circumstances will determine your liability. If it turns out that the food products that were seized violated food safety and standards laws, then someone could be held accountable. The applicable laws and regulations will specify the precise nature of the liability and any potential penalties.
Discuss legal options to speed up the process with your legal representative if there is a significant delay that is negatively affecting your business. Some of these options include filing a writ petition or requesting a court order for a prompt resolution. When the FSSAI orders the seizure of food products, the police will usually be present at your location to ensure that the seized items are handled securely. Legally, this presence is permissible.
As per Section 3 of Food Safety & Standards Act 2006, if a food article sold in the market contains any inferior or cheaper substances whether wholly or partly which is injurious to health then such products can be called as Unsafe.
Rule 3.3.2 Form of order/bond not to dispose of the stock– Where the Food Safety Officer keeps any article of food in the safe custody of the vendor under clause (c) of sub-section (1) of Section 38 Article 1. He shall, after sealing such article of food, make an order to the vendor in Form III and the vendor shall comply with such an order, and 2. He may require the vendor to execute a bond in Form IV.
In the given situation you may have to wait for a prescribed period for the notice to be served by the officer in this regard say at least 7 working days, if there is no response then you may call on the office and enquire about the status in person, if you don't get a proper anser you may file a petition before the adjudicating officer or the Tribunal seeking to redress your grievance.
If your concern is not addressed properly by the Tribunal you can approach the appellate tribunal with a memorandum of appeal.
If it is getting delayed inordinately then you can approach high court with a writ petition seeking direction to the concerned food safety officer to lift the embargo imposed in this regard
You need to approach court for the same and get the same vacated
