1"7Proceedings of the Commissioner of Food SafetYrKerala.

Thiruvananthapuram.Present: Smt.Anupama.T.V. IAS

CFS WP(C)No. 22681 l2}l3 judgement - cleaning andre-analysis of sealed pepper -sanction accorded -compliance -

orders issued.Read:- 1. Order in WP(C)2268U 13 dtd. 28l8l2Ol4 ofthe Hon'ble High

Court of Kerala2. Various requests of NCDEX

Order No.A-3751 '12|CFS dt.24. Ll.2O14.

Hon'ble High Court of Kerala vide order read as (2) above has

issued directions to this respondent to allow the petitioner ie. NCDEX for

cleaning all the sealed stcks of pepper and forward the samples of cleaned

- pepper to any of the FSSAI notified laboratories., The modalities for- taking out the quantity and the manner in which it has to be taken for

testing was ordered to be issued by this respondent.

In compliance with the above direction of the Hon'ble High Court

of Kerala the following modalities are ordered for taking out the quantity

of adulterated sealed pepper for cleaning and forwarding the cleaned

samples for analysis.

The opening, loading and moving of tle adulterated pepper stocks

will only be done in the presence of the Assistant Commissioner of

Food SafeQr, Ernakulam and Assistant Commissioner of Food

Safety (Intelligence), Ernakulam.

NCDEX the petitioner shall submit the list of the authorized

persons in each godown, for the above mentioned action, before the

Assistant Commissioner of Food Safety, Ernakulam in advance. As

requested by NCDEX, IPL Walayar and M/S Vimta Labs LTD,

Hyderabad are hereby authorized to do the job in connection with

this order except analysis of cleaned pepper.

A11 stocks should only be loaded in container logistics with separate

lot identilication mark and. each container shall tie sealed and

t Commissioner of Food Safety,

rnakulam Commissioner of Food Safety

e.%ope *hmts'nce)' proof mechanism i.e by affixing

both the officials.

+

1.

2.

3.

red by

Stato Public Infordt$ieroff&ffiesCommfthiqnerate of Food SafetY "

Th'lrufr nanthaPuram' 1 4

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5.

4. The time for moving the load towards the processing plant

M/s.Indian Products Limited located in Waldyff, Palakkad District

shall be intimated to the Assistant Commissioner of Food Safety,

Palakkad well in advance by the Assistant Commissioner of Food

Safety, Brnakulam and the Assistant Food Safety Commissioner

(Intelligence), Ernakulam. .

Cleaning and the other associated processes shall be carried out by

Indian Products Limited, Walayar and Vimta Labs Limited,

Hyderabad as per the directions from the Assistant Commissioner

of Food Safety, Palakkad

Assistant Commissioner of Food Safety, Palakkad shall inspect and

verify the processing plant before the delivery of the adulterated

pepper for cleaning

Assistant Commissioner of Food Safety, Palakkad shall veriff the

seal and signature placed on each container, and ensure the

containers are intact before breaking the seal for unloading the

adulterated pepper and each lot should be processed. in a separate

manner and no combination or mixing of loads together is allowed.

After the completion of the cleaning process of each lot the

Assistant Commissioner of Food Safety, Palakkad shall arrange to

take sufficient quantity of samples for analysis (3 samples from

each lot) with the support of Vimta Labs Limited and allow the

employees of NCDEX for loading the cleaned pepper in container

logistics and after loading, it should be sealed and secured by

imposing the seal back in a proper way.

The samples lifted from the cleaned pepper from each lot shall be

sent to the Spices Board for analysis with a d.irection to send the

report of the sarne to the Commissioner of Food Safety, Kerala in a

sealed cover. The fee for analysis shall be borne by NCDEX in

advance to Spices Board.

Sampling by M/S Vimta Labs Limited will be overseen by one Food

Safety Officer deputed by the Assistant Commissioner of Food. Safety,

Palakkadand he,sleall prepare mazhars for each sample in a detailed

mahh&'and Sehd the copy of the sarne to the Commissioner of Food

Safety, Kerala in time,

6.

-- 7.

B.

9.

10.

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s

iI. The Assistant Commissioner of Food Safety, Ilrnal<uiam and the

Assistant Commissioner (Intelligence), Ernakulam is also dj.rected to

receive the cleaned cargo from the Indian Products Limited and 1-o

see that the seal and lock are in conformity with the seal and lock as

intimated by the Assistant Cornmissioner of Food Safety, Palakkad.

72. NCDtrX shall provide sufficient staff for loading and unloading,

transporting the stock from the wArehouse to container, container to

the processing plant of Indian Products Limited in Walayar and from

the processing plant to the respective warehouses at Ernakulam and

Cherthala.

13. All expenses related to loading, unloading, cleaning, reprocessi.ng,

analysis and other incidental charges during the process or before or

after have to be borne by NCDEX as and when required.

14. The Commissioner of Food Safet5r, Kerala and the officers under her

disposal will not be responsible for any type of loss or damage of the

stock during or after the course of transport, or during loading and

unloading, or processing. NCDtrX shall solely be responsible for any

damage, risk or any other unforeseen action.

15. The Assistant Commissioner of Food Safety,Ernakulam , the

Assistant Food Safety Commissioner (Intelligence),Ernakulam and

the Assistant Commissioner of Food Safet5r, Palakkad are fully

responsible for the duties assigned to them and the officers can

obtain advice from the undersigned at any time for the smooth

. disposal of the above orders.

16. Assistant Commissioner of Food Safety, Ernakulam, the Assistant

Food Safety Commissioner (Intelligence), Errtakulam and the

Assistant Commissioner of Food Safet5r,Palakkad shall not delegate

any of the aforesaid powers, functions, responsibitities or dutics,

assigned by the Commissioner, to any other officer. If any

contingency arises the same shall be reported to the Commissioner

immediately. Any form of dereliction of duty will be viewed seriously.

L7. For the last 2 years the Food Safety department had to depute one

Assistant Commissioner of Food Safety, 16 Food Safety Officers, 6

staffs, Assistantr to..ithst ,$ood Safety

mmissioner, d ts'and diffeieht' nfrl:dii'erators' iil '':::1!"17"

oIcorsaHPtAB^ --tr.State Pirblic Informdtron

. qfL: ::

3hffi.69tsil;#;n.tttt of Footi safeiY"-" T*fi;;;ananthaP uram' I 4

ing adutterated' pepper. The

department had to spare more than Rupees 1 crore 46 lakhs five

thousand eight hundred and ninety six (Rs. i ,46,O5,896) as pay and

allowances itself including DA etc of the above officers and

Rs.6,0O,O00(Six Lakhs) spared for POL and other incidental charges.

The department has been directed by the Hon'lole High Court to

spare the service of officers for subh a non statutory job. Therefore

NCDRX is hereby instructed to compensate to the government for all

the efforts and burdens they had to bear for sparing the statutory

officials from the Office of the Commissioner of Food Safety when

clearly there duties are limited to public interest rather than the

commercial interests of NCDEX. In the circumstances NCDEX is

directed to pay a sum of Rs.1,52,05,896 (One crore fifty two lakhs

five thousand eight hundred and nine$ six only) to the Government

'l'reasury in the Head of Accoun t 22LO-O6-LO2'}} (Non Planf other

receipts before the above orders fall into motion.

The order of

wP(C)No.226Bt l2oL3

To1. The Assistant2. The Assistant

Ernakulam. 3. The Assistant

the Hon'ble High Court dated 28.O8.2OL4 in

is also complied herewith.

(Commissioner of Food SafetY)

Commissioner of Food Safety, ErnakulamCommissioner of Food Safety(Intelligence),

Commissioner of Food Safet5r, Palakkad

Joint Commissioner of Food SafetY(Administration & Legal)

Copy to:1.

2.3.

4.

The Advocate General, Ernakufam

NCDEX, Ackruthi Corporate Park, LBS Road, Kanjur lTro$8,

Mumbai 400078File/Stock file

//Fortoarded//

G. GOPA iiUUENStetc Public Information OflieerConmisslonerate of Food Safety

Thlruvrneathapuram - I 4

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