FSS Act | Date of Offence Would Be When Food Analyst Report Is Received, Not When Sample Was Collected: Allahabad HC

The Allahabad High Court ruled that under the Food Safety and Standards (FSS) Act, 2006, the date of an offence is considered as the day the food analyst's report is received, not when the sample is collected. The decision arose from a case where discrepancies were noted in the timing of filing complaints based on food sample analyses. The court emphasized the importance of adhering to the statutory provisions for clarity in determining timelines of offences and actions. This judgment seeks to address ambiguities, ensuring procedural fairness while evaluating allegations under food safety laws. The court underscored that the primary intent of the Act is consumer welfare and public health and that timelines play a crucial role in its effective enforcement. The ruling establishes that procedural compliance is paramount to uphold justice within the regulatory framework of the FSS Act.