Maharashtra Challenges FSSAI Regulations in Bombay High Court

The Maharashtra government has initiated legal proceedings in the Bombay High Court to contest the constitutional legitimacy of various food safety regulations imposed by the Food Safety and Standards Authority of India (FSSAI). The state claims that these regulations create an unconstitutional parallel enforcement framework that undermines the authority of state officials, as outlined in the case titled State of Maharashtra v. Union of India & Ors.

The petition, submitted by the State Commissioner of Food Safety, emphasizes that the Food Safety and Standards Act of 2006 (FSSA) was designed to decentralize food regulation, granting licensing and enforcement responsibilities to state commissioners and their appointed officers. Maharashtra contends that the central government and FSSAI have progressively eroded this decentralized structure, particularly through the introduction of regulations that are inconsistent with the original intent of the FSSA.

Among the specific regulations being challenged are the 2011 Licensing Regulations, the 2018 Recruitment Regulations, and the 2026 Amendment Regulations. The state asserts that the FSSAI's Chief Executive Officer (CEO) has overstepped legal boundaries by establishing positions such as 'Central Food Safety Officer' and 'Central Licensing Authority,' which do not align with the statutory framework. The state further argues that the CEO's enforcement authority should be limited to imported food items rather than domestic enforcement.

Tensions between the Maharashtra government and FSSAI intensified following a directive issued on May 12, 2023, which prohibited state food safety officers from inspecting businesses that hold central licenses. The state alleges that the online Food Safety Compliance System (FoSCoS) has been used to systematically place food businesses under central oversight, undermining state authority. Additionally, the petition contests notifications from March 10 and March 13 that altered turnover thresholds for food business licensing, claiming they were enacted without adequate public consultation, violating Section 23 of the General Clauses Act.

In its petition, Maharashtra seeks several remedies from the court, including the annulment of the contested regulations, a stay on the May 2023 directive limiting state inspections, and a directive for the FSSAI to return all licensing databases to state-designated officers. The division bench, comprising Chief Justice Mahesh C Tripathi and Justice Advait Sethna, is scheduled to hear the case on November 26, marking a significant moment in the ongoing conflict over food safety governance in India.