Maharashtra Challenges Central Food Safety Authority in Court

The Maharashtra government has initiated legal proceedings in the Bombay High Court, contesting various food safety regulations enforced by the Food Safety and Standards Authority of India (FSSAI). This action is based on claims that these regulations unlawfully undermine the authority of the state government.

Allegations of Unconstitutional Changes

In its petition, presented by the state commissioner of food safety, the Maharashtra government argues that the Food Safety and Standards Act of 2006 was meant to decentralize food regulation, allowing state authorities to manage enforcement directly. The petition points to several amendments made by the FSSAI that have systematically eroded this decentralized framework.

Critique of FSSAI's Implementation

The state contends that the FSSAI has overstepped its authority by establishing positions like 'Central Food Safety Officer' and 'Central Licensing Authority.' According to the petition, these roles do not align with the established statutory framework of the Food Safety and Standards Act.

Maharashtra is seeking a judicial review to annul these constitutional amendments and additionally requests a stay on a May 2023 order that limits state officers from inspecting businesses that hold central licenses.

Pending Court Review and Implications

The petition was recently heard by a bench led by Chief Justice Mahesh Chandra Tripathi, which scheduled the next hearing for November 26. Senior officials from the state’s Food and Drug Administration (FDA) have expressed that this legal move is crucial for restoring the state’s rightful ability to examine all food business operators without undue restrictions.

Under the current framework, food businesses with an annual revenue of ₹50 crore or more fall under the jurisdiction of the Central Licensing Authority as governed by the FSSAI. As a result, state FDA officials are mandated to obtain prior written consent from the FSSAI before carrying out inspections on larger businesses, including well-known hotels.

An FDA official highlighted an exception where they were allowed to conduct an inspection at the Park Inn by Radisson in Navi Mumbai due to a specific complaint. In this case, the FDA commissioner, Tukaram Mundhe, permitted the action based on reported issues. In most situations, however, the state must secure approval or have FSSAI representatives accompany them on visits.

This ongoing legal dispute sheds light on broader concerns regarding food safety enforcement in India and emphasizes the importance of maintaining a balanced regulatory framework that allows for effective oversight while respecting state rights.