CHIEF Justice (ag) Yonette Cummings-Edwards on December 13 discharged the Order or Rule Nisi of Certiorari in the matter of businessman Looknauth Durbhiji, whose container of “Best Milk” sweetened condensed milk was refused entry by the Government Analyst-Food and Drug Department.The chief justice ruled that the Food and Drug Department through its Director Marlon Cole has shown sufficient cause that his decision on February 4, 2016 to refuse entry to the Durbhiji’s container, which is currently detained by the Guyana Revenue Authority (GRA), was lawful.
Justice Cummings-Edwards said Cole’s action was in accordance with the Food and Drugs Act, Chapter 34:04 and the Food and Drugs Regulations 1977 in conjunction with Section 43 Schedule 11 of the Customs Act, Chapter 82:01.
According to the facts, Durbhiji ordered a 20-foot container of the sweetened milk in November 2015 and it arrived in Guyana in January, 2016.
The businessman delivered a sample of the product to the Government Analyst-Food and Drug Department- Director of Food and Drugs. He also produced a Certificate of Analysis of the product in accordance with Section 22 (1) of the Food and Drugs Act.
However, upon examination of the product, it was discovered that it failed to meet the requirements as set out in Part IV, Division 5 (Dairy Products) (13) of the Food and Drug Regulations.
As such, in keeping with the findings, Durbhiji’s customs entry form was stamped “entry refused,” as the product was not deemed a dairy product in accordance with the Prescribed Act, but a vegetable-based product.
Durbhiji, who hails from Number 65 Village Corentyne, Berbice, and owns Ashiana’s Supermarket, contested the decision of the Food and Drug Department and the Guyana Revenue Authority through his attorney Anil Nandlall.
He was granted temporary orders earlier this year as Justice Cummings-Edwards called on both entities to show just cause why the temporary orders granted should not be made absolute.
Attorney-at-Law, Judy Stuart, appeared on behalf of the respondent.