The Delhi HC has put a hold on the application of the order by FSSAI banning blending of mustard oil.
Responding to a petition filed by Delhi-based BR Oil Industries Pvt. Ltd, a single bench of Justice Navin Chawla has adjourned the order by FSSAI (Food Safety and Standards Authority of India), which was to come in effect from October 1.
The case has been adjourned till 18th December when the next hearing is going to happen, and the Central government has been urged to file a response on the writ petition.
previously on direction of the Central government, the FSSAI has declared directions banning the blending of mustard oil and allowed only the sale of pure mustard oil in the interest of public health.
The High Court stated- “Based upon the judgment dated 30.06.2014 of the Bombay High Court in Vital Nutraceuticals Pvt. Ltd. v. Union of India, the learned counsel for the petitioner submits that the provisions of Sections 92 and 93 of the Food Safety and Standards Act, 2006, cannot be avoided by the respondents in this way. He also submits that the Impugned Direction being contradictory to the Regulations in force, cannot be published by the respondents.”
The court further said- “Keeping in mind the submissions made, there shall be a hold on the function of the Impugned Direction dated 23.09.2020, till the next hearing date.”
The court has requested the Central government to respond within a period of three weeks. The next hearing will be held on December 18.
In its petition, the petitioner has said that while the consultation on the Draft Food Safety and Standards (Prohibition and Restriction on Sales) Amendment Regulations, 2020, is under progress, by the Impugned Direction dated 23.09.2020, the blending of edible vegetable oil with mustard oils as an ingredient has been prohibited.