Maharashtra Challenges Central Food Regulator in Bombay HC
The Maharashtra government has filed a petition against the Food Safety Authority, claiming it overstepped its jurisdiction.
Maharashtra's petition contests a 2023 order limiting state enforcement of food safety laws.
The state argues that the central authority has encroached on its powers under the 2006 Food Safety Act.
A hearing for the case is scheduled for November 26.
The Maharashtra government has taken legal action by filing a petition in the Bombay High Court against the Union health ministry and the Food Safety and Standards Authority of India (FSSAI). This move, reported on Saturday, alleges that the FSSAI has established a parallel enforcement system that infringes upon the authority of the state's food safety officials. The petition was submitted through Tukaram Mundhe, the state's Food Safety Commissioner, and specifically contests a 2023 order from the FSSAI that purportedly restricts state officials from enforcing food safety regulations at businesses that hold a central license.
The crux of Maharashtra's argument lies in the interpretation of the 2006 Food Safety and Standards Act, which was designed to decentralize food safety enforcement. The state maintains that the Act empowers state commissioners and their staff to oversee the enforcement of food safety laws. However, the state claims that the FSSAI has overstepped its bounds by appointing central licensing authorities and central food safety officers, thereby usurping the powers that should rightfully belong to state authorities.
In addition to challenging the enforcement order, Maharashtra's petition also contests recent amendments made by the FSSAI in March regarding turnover limits that determine whether food businesses need state or central licenses. The state alleges that these changes were implemented without adequate public consultation, further asserting that the FSSAI's actions undermine the state's regulatory framework.
The legal challenge comes during a period when the Maharashtra government is actively conducting inspections of eateries and other food establishments to ensure compliance with food safety regulations. This statewide initiative aims to address violations and improve food safety standards across the state.
The Bombay High Court, led by Chief Justice Mahesh Chandra Tripathi, has scheduled the hearing for this significant case on November 26. The outcome of this petition could have far-reaching implications for the relationship between state and central food safety authorities, as well as for the enforcement of food safety laws in Maharashtra.
