Food Safety Appellate Tribunal Cannot Entertain Appeals Against CEO, FSSAI Orders Under Import Regulations: Delhi FSAT
The Food Safety Appellate Tribunal (FSAT), New Delhi has held that it does not have jurisdiction to entertain an appeal against an order passed by the CEO, Food Safety and Standards Authority of India (FSSAI) under the Food Safety and Standards (Import) Regulations, 2017, as such an order does not fall within the ambit of adjudication conducted under Section 68 of the Food Safety and Standards Act, 2006.
An appeal was filed by “M/s. Maggu Multiventures Pvt. Ltd. , challenging Order No. 63/2025 dated 04.02.2026” passed by the CEO, FSSAI, which refused to grant NOC to the appellant on the ground that the imported product had failed in pesticides making it 'unsafe' under the Food Safety and Standards (Contaminants, Toxins and Residues) Regulation, 2011.
The dispute arose after the appellant's imported food consignment was refused clearance by the Authorised Officer under Clause 14(5) of Chapter X of the Food Safety and Standards (Import) Regulations, 2017, following failure of the pesticide test.
Thereafter, the appellant filed a review application before the Review Officer under Chapter XI of the Regulations, which came to be rejected. The appellant subsequently approached the CEO, FSSAI under Regulation 15(3)(j). The second appeal was dismissed by order dated 04.02.2026, following which the appellant approached the FSAT.
Arguments
The appellant contended that the appeal was maintainable before the FSAT and that any order passed by authorities under the Food Safety and Standards Act could be assailed before the Tribunal. Reliance was placed on the Allahabad High Court judgment in M/s. Pepsi Co. India Holdings Pvt. Ltd. v. State of U.P. & Another decided on 07.09.2016, as well as the Delhi High Court judgment in Godrej Agrovet Ltd. v. FSSAI & Anr. decided on 07.04.2026.
On the other hand, the respondent argued that no appeal lies before the FSAT against an order passed by the CEO, FSSAI under the Import Regulations, 2017. It was submitted that the Tribunal is empowered only to hear appeals arising out of adjudications conducted under Section 68 of the Food Safety and Standards Act, 2006.
The respondent further contended that the Import Regulations, 2017 provide an aggrieved importer the remedy of filing a review application and thereafter a second appeal before the CEO, FSSAI, and that the appellant had already exhausted both remedies available under the Regulations.
Tribunal's Findings
The Tribunal examined Sections 68 and 70 of the Food Safety and Standards Act, 2006, which govern adjudication and the establishment of the FSAT respectively.
Section 68 of the Act empowers a Designated Officer, not below the rank of Additional District Magistrate, to adjudicate on contraventions of the Act and impose penalties. Section 70 establishes the FSAT specifically to hear appeals arising from decisions under Section 68.
The Tribunal noted that the impugned order of 04.02.2026 was not passed by an officer constituted under Section 68. Rather, it was passed by the CEO, FSSAI through the second appeal prescribed in the Food Safety and Standards (Import) Regulations, 2017.
Further on the precedents cited by the appellant, the Tribunal passed the following observations:
- The Pepsi Co. judgment of the Allahabad High Court held that an appeal before the FSAT was maintainable under Sections 68 and 70 of the FSS Act. However, that case involved an order passed within the framework of Section 68 adjudication. In the present matter, the impugned order was passed by the CEO, FSSAI under Chapter XI Clause 15 of the Food Safety and Standards (Import) Regulations, 2017. Therefore, the Tribunal held that the PepsiCo judgment was distinguishable and not applicable.
- Para 66 of the Godrej Agrovet judgment, relied on by the appellant, dealt with the scope of FSSAI's powers under Section 16(5) of the Act with respect to cattle and animal feed that is a question entirely unrelated to the jurisdictional issue raised in the present case.
Thus, the Tribunal comprising of the bench of Pitamber Dutt Principal District & Sessions Judge accordingly held:
"The present appeal filed by the appellant against an order passed by CEO, FSSAI as per Chapter XI of Clause 15 of Food Safety and Standards (Import) Regulations, 2017 is not maintainable, as the impugned order does not fall within the ambit of adjudication done as per Section 68 of Food Safety and Standards Act, 2006."
The appeal was dismissed as not maintainable.
Case Details
Case Title: M/s. Maggu Multiventures Pvt. Ltd. v. CEO, The Food Safety and Standards Authority of India
Counsels for Appellant: Sh. Akhil Krishan Maggu, Sh. Oshin Maggu, and Sh. Aryan Nagpal
Counsel for Respondent: Sh. Shashwat Roy (MCO Legals – Meharia & Company)