No Action Can Be Taken against Tobacco Manufactures under FSSAI Act as it’s not a food product

The only submission made by the learned counsel for the petitioners is that the sale of tobacco would not attract the provisions of the enactment. He further submits that as per Rule 2.3.4 of the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations Act, 2011, tobacco shall not be used as ingredients in any food products. As the tobacco does not come within the purview of the food product, the provisions will not apply.

ORDER

The petitioner has filed the above writ petition to issue a Writ of Certiorari to call for the records relating to the issuance of the order dated 24.11.2016 of the respondent and to quash the same.

2. According to the petitioner, it is a partnership firm and has been manufacturing tobacco products since the year 1972. On 05.10.2016, samples of tobacco products manufactured by the petitioner was collected by the Food Safety Officer, Vikkiravaandi, from the shop named “Kalima Stores” located at 116-4/324, Main Road, Vikkiravaandi. On 03.11.2016, a representation was sent to the respondent along with other similar tobacco products manufactured by the petitioner stating that the tobacco does not fall under the food category and the order of the Madurai Bench of Madras High Court passed in Crl.O.P.(MD) No.5505 of 2015, dated 27.04.2015 was also annexed along with the representation. The respondent passed the impugned order dated 24.11.2016 under the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations Act, 2011 implicating the petitioner for the alleged offences under section 3(1) (zz) (i) (iii) (v) of FSS Act, 2006 and Rules 2.3.4 of the Food Safety and Standards Regulations Act, 2011. According to the petitioner, tobacco is not a food product, therefore, the provisions of Food Safety and Standards Regulations Act, 2011 and FSS Act, 2006, does not apply.

3. Mr.S.Prabhakaran, learned Senior Counsel, appearing for the petitioner submitted that since the tobacco is not a food product, the provisions of FSS Act, 2006 and Food Safety and Standards Regulations Act, 2011 have no application. Further, the learned Senior Counsel, in support of his contention, relied upon the following judgments:-

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