A bench of Justices Dipak Misra and C Nagappan agreed to hear the plea tomorrow after it was mentioned by senior advocate Harish Salve saying the food regulator Food Safety and Standards Authority of India (FSSAI) was not opposed to the company's petition.
Salve said that FSSAI and the company have both agreed to destroy the stock which has crossed its shelf life. The company said that pursuant to withdrawal announcement and ban order on June 5, 2015, Nestle India Ltd had recalled stocks of Maggi Noodles and till September 1, 2015 destroyed around 38,000 tonnes of Maggi Noodles.
The firm said it had 490 tonnes of stock pending destruction and 60 tonnes was received from the market. Hence, 550 tonnes of stock stored in 39 location across the country needed to be destroyed. "This entire stock of approximately 550 tonnes is well past its 'best before date' and its storage is giving rise to conditions that may lead to health hazard at the said locations," the plea said.
It said over 38,000 tonnes of Maggi Noodles have been destroyed till September 1, 2015 at incinerators of the notified cement plants, keeping in view environmental requirements.
The company said the destruction was done by following a procedure agreed between it and food regulator FSSAI. The agreed procedure included withdrawn or recalled stock to be transported from its locations in closed or covered vehicles for destruction at the designated locations. Some other procedures agreed included destruction in the incinerators of cement plants identified by FSSAI and its intimation to FSSAI, which if required may depute officials at these sites.
On April 5, a Mysore-based government laboratory had given its test report on Maggi noodles in a sealed cover to the apex court. On January 13, the apex court had asked the Mysore lab to clarify whether test reports relating to lead and glutamic acid in Maggi noodles were within permissible parameters under the law.