Daijiworld Media Network – Kolkata
Kolkata, Aug 7: The Calcutta High Court has granted interim relief to Kolkata-based Switz Foods by staying the Food Safety and Standards Authority of India's (FSSAI) decision to suspend the company's food business licence, observing that the regulator acted without giving the firm an adequate opportunity to be heard.
The court stayed the suspension until August 26, holding that Switz Foods had established a prima facie case and that the balance of convenience was in its favour.
FSSAI had announced the suspension on August 1, stating that inspections at the company's manufacturing facility revealed several violations that posed a serious risk to food safety. The regulator alleged that food was being manufactured, packed and stored in unhygienic conditions, increasing the risk of contamination.
However, the High Court noted that the inspection was carried out between July 14 and July 28, and that the company had been granted 15 days to rectify the deficiencies, a period that would end only on August 12. The court observed that FSSAI issued the suspension order before the rectification period had expired and without providing the company a proper opportunity for a hearing.
According to FSSAI, the inspection uncovered multiple hygiene and operational lapses, including poor sanitation, inadequate cleaning of equipment, pest infestation, rusted food-contact surfaces, water leakage over storage areas, insufficient lighting and ventilation, and improper storage of raw materials and finished products.
The regulator also cited improper segregation of vegetarian and non-vegetarian food items, lack of traceability for food products, inadequate temperature control, and unsafe food handling practices, including thawing chicken at room temperature.
FSSAI maintained that the deficiencies posed a significant threat to food safety and public health, prompting the decision to suspend the company's licence.
With the High Court's interim order, the suspension will remain on hold until the next hearing on August 26, while the matter continues before the court.
Note: An earlier version of the story omitted the fact that the Calcutta High Court had already granted an interim stay on the FSSAI action; this has been corrected.