Maharashtra has approached the Bombay High Court challenging several food safety regulations issued by the Centre and the Food Safety and Standards Authority of India (FSSAI), alleging that the rules have created a parallel enforcement system that encroaches on the state government's statutory powers.
The petition, filed through the State Commissioner of Food Safety, argues that the Food Safety and Standards Act, 2006, was designed to decentralise food safety enforcement, with state authorities responsible for inspections and implementation. However, subsequent amendments and regulatory changes have gradually weakened this framework, the state has contended.
According to the plea, the Centre and FSSAI have steadily dismantled the decentralised enforcement mechanism by introducing provisions that shift powers away from state officials.
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The petition also challenges the FSSAI chief executive officer's authority to create posts such as Central Food Safety Officer and Central Licensing Authority, arguing that these positions are not envisaged under the original statutory framework.
According to multiple media reports, the state has asked the high court to strike down the amendments and regulations it considers unconstitutional. It has also sought a stay on a May 2023 order that restricts state food safety officers from inspecting food businesses holding central licences.
A bench comprising Bombay High Court Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna took up the matter on Friday. The court scheduled the next hearing for November 26.
The dispute centres on who can inspect food businesses and under what conditions. Maharashtra's Food and Drug Administration (FDA) officials say they want to restore the state's authority to inspect food business operators as and when required, without having to seek prior approval from the central regulator.
Mutliple media reports citing senior FDA officials said that currently, businesses with an annual turnover of Rs 50 crore or more fall under the jurisdiction of FSSAI's Central Licensing Authority. As a result, state FDA officers must obtain written permission from FSSAI before inspecting such establishments, including large food businesses and three-star hotels.
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The arrangement has restricted the state regulator's ability to conduct inspections independently, officials said.
One senior official cited an inspection at Park Inn by Radisson in Navi Mumbai as an exception. The state FDA suspended the hotel's food licence after receiving a complaint and obtaining approval from then FDA commissioner Tukaram Mundhe, the official said.
"In other instances, we had to seek permission or have FSSAI officers accompany us," the official added.
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