The Food Safety Appellate Tribunal has quashed a ₹1 lakh penalty imposed on a Kollam-based packaged drinking water unit, ruling that the food safety department relied on standards that had not been formally notified as regulations when officials collected the samples. The tribunal also identified multiple procedural lapses during the investigation, including delays in laboratory reporting and non-compliance with mandatory sampling procedures.

Inspection and Laboratory Findings

On January 22, 2024, a Food Safety Officer from the Chavara Circle purchased 16 bottles of packaged drinking water from the unit for analysis. The Government Analyst Laboratory in Thiruvananthapuram tested the samples and reported that they contained:

• Calcium: 4 mg/L (prescribed range: 10–75 mg/L)
• Magnesium: 3.41 mg/L (prescribed range: 5–30 mg/L)
• Total Dissolved Solids (TDS): 37 mg/L (prescribed range: 75–500 mg/L)

Based on these findings, the adjudicating officer in Kollam imposed a collective penalty of ₹1 lakh on the food business operator and the manufacturer.

Tribunal’s Decision

After hearing the joint appeal filed by the business operator and the manufacturer, the tribunal ruled that the minimum standards for calcium, magnesium, and total dissolved solids were introduced by a direction issued under Section 16(5) of the Food Safety and Standards Act, 2006, rather than by a formally notified regulation. The tribunal noted that FSSAI issued the direction on March 12, 2024, nearly two months after officials collected the samples. Since the standards were not legally in force at the time of sampling, the department could not rely on them to impose a penalty.

Procedural Lapses Identified

The tribunal also found several procedural violations during the investigation. It observed that the Food Safety Officer did not provide a sample to the manufacturer for independent analysis and failed to include a specimen seal impression in the sampling documents. It further noted that the food analyst did not issue the laboratory report within the mandatory 14-day period prescribed under the law.

Penalty Exceeded Legal Limit

The tribunal observed that the manufacturer was a small-scale enterprise registered under the Udyam scheme and therefore qualified for the benefit of the proviso to Section 50 of the Food Safety and Standards Act, which limits penalties for eligible small businesses to ₹25,000. It concluded that the ₹1 lakh penalty was excessive and legally unsustainable and accordingly set it aside. Tribunal member Jose N. Cyril delivered the order.

Charges Raised

The food safety department initiated action after laboratory analysis indicated that the packaged drinking water contained calcium, magnesium and total dissolved solids below the prescribed limits. The department alleged that the product failed to comply with the applicable quality standards for packaged drinking water.

Source: The New Indian Express