Maharashtra Appeals to Bombay HC Over FSSAI Inspection Authority

Maharashtra has approached the Bombay High Court, requesting that its officers be allowed to inspect food businesses that hold central licenses. This legal move comes in response to a 2023 order from the Food Safety and Standards Authority of India (FSSAI), which the state claims restricts its ability to conduct inspections. The petition was filed by Tukaram Mundhe, the state's food safety commissioner, against FSSAI and the Union health ministry. The case is set to be heard by a bench led by Chief Justice Mahesh Chandra Tripathi on November 26, 2023.

The conflict arises from the regulatory framework governing food safety in India, as outlined in the Food Safety and Standards Act of 2006. This legislation delineates responsibilities between the central and state authorities. While FSSAI serves as the national regulator, each state appoints its own food safety commissioner to oversee local compliance. In Maharashtra, this role is fulfilled by the Food and Drug Administration (FDA), which is responsible for inspecting food businesses within the state.

Maharashtra's petition highlights concerns over FSSAI's May 2023 order, which allegedly prohibits state food safety officers from inspecting businesses with central licenses. The state is urging the court to suspend this order during the legal proceedings. Additionally, Maharashtra contends that FSSAI has established an enforcement framework not authorized by the 2006 Act, including the creation of central licensing authorities and food safety officers without state consultation.

The implications of this legal battle extend beyond regulatory authority. The 2023 order restricts state inspections of dark stores operated by quick-commerce platforms like Blinkit and Zepto. Maharashtra's FDA has previously taken action against these businesses for food safety violations, including suspending licenses for unsanitary conditions. The outcome of this case could significantly impact how food safety is managed in the state, particularly for rapidly growing sectors like quick commerce.

Looking ahead, the Bombay High Court's ruling on November 26 will be pivotal in determining the balance of power between state and central food safety authorities. As the case unfolds, it may prompt further discussions on regulatory practices and the oversight of food safety in Maharashtra and across India.