Jun 14, 2016 Source

The Government Analyst-Food and Drug Department, (GAFDD) has a few days to supply a satisfactory explanation to a Judge of the High Court on their reason to refuse entry of large batch of condensed milk into the local market.

According to the motion filed in the Georgetown High Court, local importer and owner of Super foods, Rafik Ahmad through his Attorneys at Nandlall and Associates Law Firm, has moved to the High Court to challenge the decision of the State entities to detain the item at a city wharf.The confiscated goods are 1,325 cartons of Mewah Dairies sweetened condensed milk which said to be sitting in a 20-foot container at Muneshwer’s Wharf on Water Street, Georgetown,Ahmad is contending that although he supplied the authorities with the relevant documents the items were withheld without a plausible reason or explanation.

“Upon its arrival, my servants and/or agents were informed by the acting Director of the Government Analyst-Food and Drug Department, that the labels on the milk appeared to her to be fake; she failed to specify the basis for this conclusion upon further queries.“The milk is a perishable product and has been on the wharf since December, 30 2015, and unless the Orders prayed for are granted the milk will expire.”In an affidavit to support his claim, the businessman outlined that his company has in excess of five years imported a number of household commodities including soap powder, food boxes, seasonings, drink mixes, spaghetti, sausages, and luncheon meat without any issues.

He said that the items and foodstuff come from several countries, including Malaysia, Canada, Indonesia, Turkey, China, and New Zealand.“One of the products which I import consistently over the years is milk in various forms, including powdered milk and sweetened condensed milk of various descriptions and types.”However, on December 30, 2015, the proprietor said the shipment of milk which arrived at Port Georgetown encountered some problems.He said that the consignment was accompanied by a Certificate of Analysis, a Free-Sale Certificate from the Ministry of Health of Malaysia, a Certificate of Freedom of State from Disease and a Veterinary Health Certificate, Department of Veterinary Services, Malaysia.

“Normally, upon the arrival of these products into Guyana, and before they are cleared by Custom Officers of the Guyana Revenue Authority, these documents are produced and copies are retained by the Custom Officers, and the goods are permitted entry into Guyana after the payment of the assessed customs duties and taxes.”Nonetheless, Ahmad said that on this occasion, the aforesaid procedure was followed except that no duties and taxes were paid, but a sample of the milk from the container was provided to the Government Analyst-Food and Drug Department.
He said that the items continue to be detained without an explanation despite several attempts by him, staff and agents to get the matter sorted out.

The Superfoods proprietor moved to the High Court to challenge the decision of the State entities to detain the milk.An Order or Rule Nisi of Certiorari has since been issued to the GAFDD and the Commissioner General of the Guyana Revenue Department (GRA). The order was handed down by Justice Dawn Gregory at the High Court. The order was granted on the grounds that the said decision is unreasonable, influenced by irrelevant considerations, in breach of the businessman’s legitimate expectation, capricious, arbitrary and ultra vires.
The Court outlined Food and Drugs Act, Cap 34:03, and regulations made there under, is unlawful, null, void and of no effect, unless sufficient cause is shown why the said Order or Rule Nisi of Certiorari should not be made absolute.
The State entities were given until June 16 to provide the court with a plausible response.