The ban on Nirapara brand spices by Food Safety Commissioner which prohibited the manufacture, storing, selling, and distribution of chilly, turmeric and coriander powders has been revoked by High Court of Kerala.
The court was considering the writ petition filed by KKR Food Products, Kalady and manufacturer of the Nirapara brand of spices.
According to The Hindu report the court observed that under Section 30(2)(a) of the Food Safety and Standard Act, the Commissioner of Food Safety had the power to ban manufacture, storage, distribution or sale of any article of food. But the pre-requisite of exercise of this power was the satisfaction that the food article was unsafe for human consumption. In the absence of any finding on the unsafe nature of food, this power could not be exercised.
As per the report the court added that there was no finding in the order that the banned foods were unsafe for human consumption though they were substandard.
The Court has also said that one more opportunity would be given to the petitioner to meet with the standard and even after the standard is not met the commissioner have the right to take action.