Food & Drug Dept. faces another lawsuit for barring milk importation

Apr 19, 2017 News

An Order Nisi of Certiorari has been directed to Director of the Government Analyst Food & Drug Department,(GAFDD) Marlon Cole quashing his decision prohibiting the importation of “Ancient County Full Cream

The Ancient County Full Cream Evaporated Milk

Evaporated Milk.”
The action filed by Attorney-at-law, Anil Nandlall, noted that the prohibition of the item is arbitrary, whimsical, capricious, and unlawful, in breach of the rules of natural justice, in breach of the applicant’s legitimate expectation, null, void and of no effect, discriminatory, unlawful and illegal.
The Applicant is a well-known businessman in Berbice.
According to the writ, filed in the High Court, Ramanand Sripal, is carrying on the business as J’s Supermarket at several locations and branches across Berbice since March 2016. The Applicant has imported various milk and other products from Gloria S.A. including, Gloria One litre Box Milk, Gloria Condensed Milk and a variety of Gloria juices.
In March 2016, the Applicant contracted Gloria S.A. to prepare and package for him evaporated and condensed milk in various sizes under the brand, “Ancient County”
From March 2016 to December 2016, the Applicant imported 14 containers of the “Ancient County”, brand milk from Gloria S.A. and sold and distributed same throughout Guyana without any problem whatsoever.
According to the businessman, the 14 containers were also inspected by the GAFDD, without any objections.
However in January 2017, the Applicant received a letter from the GAFDD informing him that after examining the label of a sample of full cream evaporated milk, under the brand, “it was found to be adulterated with Soy Lecithin (E-322) as an emulsifier. This is in contravention of the Guyana Food and Drug Regulation of 1977 Cap. 34:03 Division 5 which states; ‘a dairy product that contains a fat other than milk fat is adulterated.’ The department would therefore no longer be facilitating the importation of this milk to be released on our local market”.
But from his own experience in dealing with milk and milk products over the years, the businessman said that Soy Lecithin is not a fat, but is an additive used as an emulsifier. “This is widely done in milk products across the world.”
“Soy Lecithin is used as a food additive and it contains less than 0.1 % of the finished product; further, that its use is sanctioned as a food additive in the production of evaporated milk by Codex Alimentarius, the international regulator of food standards established by the World Health Organisation and the Pan-American Health Organisation.”
“Significantly, of what is of greater importance is that my product, that is, the Ancient County Evaporated Milk complies fully and absolutely with the specifications contained in the relevant Regulations made under Food and Drugs Act, that is, Regulation 14 of Division 5, of Part IV of the Second Schedule, which deals specifically with evaporated milk, in respect of its constituent composition, as well as, its ingredients,” the applicant stated.
“Indeed, it is significant to note that the GAFFD is not contending non-compliance with that particular regulation which ought to govern evaporated milk but faults the product under another regulation which deals with dairy products generically, more particularly, regulation I verily believe that the Respondent’s actions are at the behest of my competitors, who want to stop me from importing my product which is cheaper and in greater demand than theirs,” the businessman stated.
The businessman therefore contended that the actions of the GAFDD are wholly erroneous, capricious and arbitrary. He therefore asked that the court grant the requested orders.

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