The Delhi High Court has stayed the implementation of the order by FSSAI prohibiting blending of mustard oil.
In response to a petition filed by Delhi-based BR Oil Industries Pvt. Ltd, a single bench of Justice Navin Chawla has stayed the order by FSSAI (Food Safety and Standards Authority of India), which was to come into force from October 1.
The stay is given until December 18, the date of the next hearing, and the Central government has been asked to file a response on the writ petition.
Earlier on direction of the Central government, the FSSAI has issued direction prohibiting the blending of mustard oil and permitted only the sale of pure mustard oil in public health interest.
The High Court observed, “Relying upon the judgment dated 30.06.2014 of the Bombay High Court in Vital Nutraceuticals Pvt. Ltd. v. Union of India, the learned counsel for the petitioner submits that the provisions of Sections 92 and 93 of the Food Safety and Standards Act, 2006, cannot be circumvented by the respondents in this manner. He further submits that the Impugned Direction being contrary to the Regulations in force, cannot be issued by the respondents.”
The court added, “Keeping in view the submissions made, there shall be a stay on the operation of the Impugned Direction dated 23.09.2020, till the next date of hearing.”
The court has asked the Central government to respond within a period of three weeks. The next hearing will be held on December 18.
In its petition, the petitioner has said that while the consultation on the Draft Food Safety and Standards (Prohibition and Restriction on Sales) Amendment Regulations, 2020, is under progress, by the Impugned Direction dated 23.09.2020, the blending of edible vegetable oil with mustard oils as an ingredient has been prohibited