Court directs that food import samples must be drawn by FSSAI-authorized officers, not customs, to ensure compliance with regulations.
In a significant ruling, the Bombay High Court has addressed a recurring issue in the import of food items by mandating that samples for testing must be drawn by authorized officers of the Food Safety and Standards Authority of India (FSSAI) and sent to approved laboratories. The court's decision came in response to a writ petition filed by Indu Shekhar against the Union of India, highlighting the unauthorized practice of Customs Officers drawing samples and sending them to their laboratory, the Central Revenues Control Laboratory (CRCL), thereby causing disputes and delays.
The petition, numbered 8289 of 2026, was adjudicated by a Division Bench comprising Justices B.P. Colabawalla and Firdosh P. Pooniwalla. The petitioner sought relief against the detention of imported food consignments, specifically roasted areca nuts, which were held due to the testing of samples by CRCL.
Senior Advocate Mr. D.B. Shroff, representing the petitioner, argued that the practice of Customs Officers drawing samples prior to FSSAI's involvement often led to incorrect reports, resulting in unnecessary legal challenges. The court acknowledged the issue as recurring and recognized the importance of a definitive ruling to prevent future disputes.
In its order dated August 6, 2026, the court ruled that the samples for testing food imports should be drawn exclusively by FSSAI-authorized officers to ensure compliance with the Food Safety and Standards (Import) Regulations, 2017. The court issued a Rule on the writ petition concerning the critical prayer clause (c), while noting that other reliefs sought by the petitioner had become redundant.
The court has directed the Revenue to file an affidavit detailing its stance on the matter by September 3, 2026, with the petitioner permitted to file a rejoinder by September 10, 2026. The case has been scheduled for final hearing and disposal on September 17, 2026.
This decision is poised to streamline the import process for food items, ensuring that the FSSAI's guidelines are adhered to and minimizing unnecessary legal entanglements due to conflicting test reports.
Bottom line:-
Food Safety - In cases of import of food items, samples for testing must be drawn by authorized officers appointed by FSSAI and sent to FSSAI-approved laboratories, and not by Customs Officers to their laboratories, to prevent recurring disputes.
Statutory provision(s): Article 226 of the Constitution of India, Food Safety and Standards (Import) Regulations, 2017
Indu Shekhar v. Union of India, (Bombay)(DB) : Law Finder Doc id # 2960847
