Importer goes to court over container of condensed milk

-after Food and Drug Dep’t refused entry

The High Court has issued an interim order quashing a decision by the Food and Drug Depart-ment to deny entry into the country of a container of condensed milk and the Department and the revenue authority have to show cause why this order shouldn’t be made final.

City businessman, Rafik Ahmad earlier this month filed a court action seeking the release of the container of sweetened condensed milk imported from Malaysia last year and Justice Dawn Gregory subsequently granted a series of orders directed to the Government Analyst- Food and Drug Department and the Guyana Revenue Authority (GRA).

In the court documents seen by Stabroek News, Ahmad, owner of Superfoods Inc said that he has been importing milk into this country for several years without a problem. His court action came after months of discussions and is a last ditch attempt to gain possession of the milk which will expire in October, 2016.

An Order or Rule Nisi of Certiorari has been issued directed to the Government Analyst-Food and Drug Department/The Director of Food and Drug quashing their decision made on the 23rd day of May, 2016, to “refuse entry” to Ahmad’s 1 x 20’ container PONU0397470, currently detained by the Guyana Revenue Authority at Muneshwer’s Limited, 45-47 Water Street, Georgetown, Guyana, on the grounds that the said decision is unreasonable and influenced by irrelevant considerations among other things.

The judge also ordered that an Order or Rule Nisi of Mandamus be issued to the Commissioner General, Guyana Revenue Authority, compelling the said Commissioner General to release forthwith the Applicant’s ‘1 x 20’ container unless sufficient cause is shown why the Order or Rule Nisi of Mandamus should not be made absolute.

Following the denial of entry and seizure of the container of milk on May 23, 2016, Ahmad moved to the court seeking several orders challenging the decisions made by the two agencies.

In his affidavit in support of the Notice of Motion, Ahmad said that one of the products regularly imported is milk in various forms including powered milk and sweetened condensed milk. This has been occurring over the last five years.  He said that these imports have been “without any problems whether at the point of entry into Guyana, that is either by the Guyana Revenue Autho-rity or the Government Analyst- Food and Drug Department or any other agency’.

He said that since his commencement of the importation and distribution of the milk products here, he has had no complaints about their quality or the ingredients from the Food and Drug Department or any other agency.

The businessman explained that on October 26, 2015 he ordered from one of his regular suppliers, Mewah Dairies a 20-foot container of sweetened condensed milk containing 1325 cartoons. The container arrived in Guyana on December 30, 2015.

He said that the shipment as is the norm was accompanied by a number of required documents and on arrival here the normal procedure was followed “except that no duties and taxes were paid and a sample of the milk from the container was provided to Government Analyst- Food and Drug Department.

“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. On another occasion, my servants and/or agents were further informed that the milk constituents fell short of that which is required by the Food and Drug Regulations for evaporated milk”, he said.

According to Ahmad, his agents attempted to explain the difference between sweetened condensed milk and evaporated milk but the director of the department “appeared to be incapable of understanding the difference”.

“In a view of avoiding litigation and the looming expiry date of October, 2016, I  have been in discussions with the Director of the Government Analyst-Food and Drug Department regarding the real reason for the refusal and what, if any, steps can be taken to come to a resolution”, the businessman said.

He said that prior to the milk’s arrival he was in receipt of the Bill of Lading, the Invoice, the Certificate of Analysis, and the Health Certificate in respect of the said container and applied to the GRA for clearance of the said container on the 23rd day of May, 2016.

The businessman said that on that date he took the Tax Assessment Notice to the Food and Drug Department located at the University of Guyana and was informed that “the constituents of the milk are not in keeping with the Food and Drug Regulations for the fat content and milk content required of the sweetened condensed milk”. He said that this is the third occasion that a different explanation for the refusal has been given.

Ahmad said that the Director of the Department Marlon Cole stamped “Entry Refused’ on his customs declaration form and to date he had been unable to clear or obtain delivery of the said container.

He said that he believes that Section 13 of the Regulations applies to the milk which has been imported; that is sweetened condensed milk.

That regulation states that “Condensed milk or Sweetened condensed milk shall be milk, or milk product, from which water has been evaporated and to which sugar has been added, and shall contain no less than –

28.0 per cent of milk solids; and b. 8.0 per cent of milk fat; and may contain added vitamin D”.

Ahmad’s affidavit said that these requirements have been met as per the Certificate of Analysis from the manufacturer.

According to Ahmad he is aware that other importers of similar products are experiencing “similar problems” with the Food and Drug Department.

The documents were prepared and filed by attorney at law Anil Nandlall who is one of several lawyers representing the businessman. The matter will be called again tomorrow at 11 am.