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Canola oil importers challenge rapeseed oil - low erucic acid advisory
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Monday, 01 September, 2014, 08 : 00 AM [IST]
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Ashwani Maindola, New Delhi
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fiogf49gjkf0d The canola oil import case has landed in court, with importers challenging the advisory by the Food Safety and Standards Authority of India (FSSAI) for labelling it rapeseed oil - low erucic acid.
Dalmia Continental, one of the major importers of canola oil in the country, has challenged the advisory issued by the country’s apex food regulator in the Bombay High Court.
It referred to an earlier order by the same court in the Vital Nutraceuticals case, wherein it said advisories were not the way to do regulations. In April, the importers received a letter from FSSAI regarding the guidelines for labelling canola oil.
Bombay High Court issued a notice to the regulator, asking them to reply and fixing the next hearing date (September 1). However, the latter’s counsel questioned the jurisdiction of the court, which replied that it would be considered at the next hearing.
Meanwhile, the primary argument made by the petitioners in this case has already been challenged by FSSAI in the Supreme Court and won a stay on the order in the Vital Nutraceuticals case.
According to the sources in FSSAI, the case related to the fresh challenge to the advisory regarding imported food (in this case canola oil) is being analysed, and the authority would give its reply during the next hearing.
The industry stated that initially it was verbally communicated to canola importers by FSSAI that all units of canola oil should mention rapeseed oil - low erucic acid as a part of the ingredients list.
Many importers complied with this direction, and containers of canola oil were accordingly cleared. This letter – the first official communication issued by FSSAI - was received four months after the containers were first held up.
After its issuance, Canola containers have been disallowed clearance again. The letter demanded further change in labelling, which, in their opinion, was unjustified and discriminatory.
The industry also stated that as per Codex standards for variously-named vegetable oils, the technical name of the oil were synonyms of the same. “If synonyms are allowed to be used for other oils, the same should be permitted in the case of canola oil as well,” it added.
“The insistence on following the technical term for canola oil alone, when the same principle is not applied to any of the other vegetable oils being sold in India, is discriminatory, excessively severe and unjustified,” the industry pointed out.
But FSSAI pointed out that it was mandated to develop its own standards based on product approval and harmonise them with Codex.
“The Food Safety and Standards Act, 2006, does not state that Codex standards are automatically applicable to India,” it added.
Also, since rotten and substandard imported foods are on the rise, consignments are being checked so widely. And therefore food import needs certain permissions.
“FSSAI’s own standards based on the product approval were stopped for the last seven months due to litigation and things were stuck,” an official with the apex food regulator said.
“Now with the stay by the Supreme Court, the work has resumed, and things would move from here on. The World Health Organisation (WHO) or Codex standards would be harmonised based on the product approval by the FSSAI according to Indian conditions,” he added.
The Supreme Court would hear the appeal by the FSSAI on advisories in October, and the outcome would decide the future course of action to be taken with regards to imported food and product approval.
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