BackCourt may direct fresh tests on Maggi noodles
Bombay high court has asked food regulators if they are fine with conducting fresh tests
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Mumbai: The Bombay high court has asked food regulators if they are fine with conducting fresh tests on samples of Maggi noodles that are available with Nestle India Ltd.
Nestle India had appealed to the court on 11 June against a ban on Maggi noodles imposed by apex food regulator Food Safety and Standards Authority of India (FSSAI) on 5 June and by the Maharashtra Food and Drug Administration (FDA) on 6 June.
In its arguments, the Indian arm of Swiss multinational Nestle SA had discredited the test reports presented by the food regulators as the laboratories lacked accreditation from the National Accreditation Board for Laboratories or a similar authority recognized by FSSAI.
According to the FSSAI Act 2006, the regulator is required to keep four samples of a product for analysis.
If after the analysis of the first sample, the company is not satisfied with the results, it can request the regulator to get the test done at an accredited food laboratory for which a second sample is to be used.
In case there is a variance between the two tests, the third sample will then be sent to the apex or referral food laboratory whose test results will be final.
The food regulator said Nestle had not asked for the tests to be done at an accredited food laboratory and should do so now.
On Thursday, the company urged the two-judge bench comprising justices V.M. Kanade and B.P. Colabawalla to authorize fresh tests. However, it said these tests ought to be conducted on the samples in its possession and at five different laboratories to satisfy the food regulators.
The Maharashtra FDA objected and said the samples in its possession should be tested as per the protocols of the FSSAI Act.
A way out of the stalemate is expected on Friday, once the company and food regulators come to an agreement on the tests.
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