‘Seafood exporters can’t challenge government order’


Panaji, Nov 23 (TOI): The department of food and drugs administration (FDA) on Thursday told the high court of Bombay at Goa that the Seafood Exporters’ Association of India had no locus standi to challenge the state’s corrigendum to the October 24 circular, which requires vehicles transporting fish to hold transporters’ licences.

In its submission to the court, the FDA said members of the association were merely exporters of fish and were not involved in transporting fish to units within the state.

The corrigendum, issued on October 29, had mandated that vehicles transporting fish meant for export and processing, should not only comply with FDA regulations but should also hold transporters’ licences as per Food Safety and Standards Authority of India (FSSAI) rules.

In an affidavit filed through additional government advocate Deep Shirodkar, FDA director Jyoti Sardesai conveyed to the court that seafood exporters could enter into an arrangement with transporters holding the necessary permits, instead of choosing to bring in fish through vehicles that were not licensed. Countering the exporters’ plea that the transporting vehicles, which are usually rented, keep changing, the FDA told the court that this made it all the more necessary for transporters to be registered, particularly because they were moving fish for export or processing.

The food safety authority also said that citing business difficulty as an excuse for the non-procurement of licences was unreasonable. It pointed out that exporters have not been able to justify why entities transporting fish to them were not applying for licences as mandated under Section 31 of the Food Safety and Standards Act.

Regarding pleas that the government order be quashed, the FDA told the court that doing so would be in direct contravention to the provisions of the Act.

“The result of quashing the corrigendum will be that the vehicles will not be checked and will transport food items without even obtaining a licence for transportation as required under the said Act,” it stated.

  

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