Appeal Before Food Safety Appellate Tribunal — Draft

BEFORE THE FOOD SAFETY APPELLATE TRIBUNAL, [STATE / DISTRICT]

APPEAL No. ________ of [Year]
(Under Section 70 of the Food Safety and Standards Act, 2006
 read with Rule 2.6 of the FSS Rules, 2011)

IN THE MATTER OF:

[Name of Appellant / FBO],
[through its Proprietor / Partner / Director [Name]],
having its establishment at [Address].
FSSAI Licence/Registration No.: [___].                    ... APPELLANT

                        VERSUS

The Designated Officer / Adjudicating Officer / Commissioner
of Food Safety, [District / State],
[Office Address].                                        ... RESPONDENT

Appeal against the Order / Penalty bearing No. [___] dated
[DD/MM/YYYY] passed by the [Adjudicating Officer / Designated
Officer / Commissioner of Food Safety].

MOST RESPECTFULLY SHOWETH:

1. That the Appellant is a Food Business Operator holding valid
   FSSAI Licence/Registration No. [___] and carries on the business
   of [nature of business] at the above premises.

2. That the Respondent passed the impugned Order dated [DD/MM/YYYY]
   [imposing a penalty of Rs. [amount] / directing [___] / holding
   the Appellant guilty of contravention of Section [___] of the FSS
   Act, 2006]. A certified copy of the impugned Order is annexed as
   ANNEXURE A-1.

3. That the said Order was received by / communicated to the
   Appellant on [DD/MM/YYYY], and the present appeal is being filed
   within the period of thirty (30) days of the said date, and is
   therefore within limitation under Section 70(2) of the Act.

4. That the Appellant is aggrieved by the impugned Order and prefers
   this appeal on, inter alia, the following:

   GROUNDS

   (a) BECAUSE the impugned Order is bad in law and contrary to the
       facts and evidence on record.

   (b) BECAUSE the analysis report of the Food Analyst dated [___]
       is [not conclusive / not shared / contested], and the
       Appellant was denied the right to have the sample re-analysed
       by the referral food laboratory under Section 46(4) of the Act.

   (c) BECAUSE the alleged sample was drawn / sealed in breach of the
       procedure prescribed under Sections 47 and 41 of the Act and
       the FSS (Laboratory and Sampling Analysis) Regulations, 2011.

   (d) BECAUSE the principles of natural justice were violated inasmuch
       as [no adequate opportunity of hearing was afforded / the reply
       was not considered].

   (e) BECAUSE the product was in fact compliant with the applicable
       standards under the FSS (Food Products Standards and Food
       Additives) Regulations, 2011, and the finding of "misbranded /
       sub-standard / unsafe" is unsustainable.

   (f) BECAUSE the penalty imposed is excessive and disproportionate to
       the alleged default.

   (g) That the Appellant craves leave to add, alter or amend the
       above grounds at the time of hearing.

5. That the Appellant has not filed any other appeal or petition
   against the impugned Order before any other forum.

6. That the requisite court-fee / appeal fee has been paid and the
   Appeal is accompanied by the documents relied upon.

PRAYER

It is, therefore, most respectfully prayed that this Hon'ble Tribunal
may be pleased to:

   (i)  set aside / quash the impugned Order dated [DD/MM/YYYY]
        passed by the Respondent;
   (ii) stay the operation and recovery of the penalty during the
        pendency of this appeal;
   (iii) pass such other or further order(s) as this Hon'ble Tribunal
        may deem fit and proper in the interest of justice.

AND FOR THIS ACT OF KINDNESS, THE APPELLANT SHALL EVER PRAY.

Place: [City]
Date : [DD/MM/YYYY]
                                        ____________________________
                                              APPELLANT
                                        Through Counsel / Authorised
                                        Representative [Name]

VERIFICATION

I, [Name], [Proprietor/Partner/Director] of the Appellant, do hereby
verify that the contents of the above appeal from para 1 to 6 are true
and correct to my knowledge and belief and nothing material has been
concealed therefrom.

Verified at [City] on this [Day] day of [Month, Year].

                                        ____________________________
                                              DEPONENT / APPELLANT

Annexures:
   A-1: Certified copy of the impugned Order dated [DD/MM/YYYY].
   A-2: Copy of FSSAI Licence/Registration.
   A-3: Food Analyst report and correspondence.
   A-4: Reply/representation filed before the Respondent.
   A-5: Proof of payment of appeal fee.