Maharashtra Challenges FSSAI Regulations in Bombay High Court
Maharashtra has filed a petition against FSSAI's food safety rules, claiming they undermine state authority.
Maharashtra argues that FSSAI's regulations infringe on state powers.
The state seeks to restore its authority for food inspections without central approval.
Next hearing scheduled for November 26, 2023.
Maharashtra has initiated legal proceedings in the Bombay High Court, contesting several food safety regulations imposed by the Food Safety and Standards Authority of India (FSSAI) and the central government. The state claims that these regulations have established a parallel enforcement system that encroaches upon its statutory powers, undermining the framework intended to decentralize food safety enforcement.
The petition, submitted by the State Commissioner of Food Safety, highlights that the Food Safety and Standards Act of 2006 was designed to empower state authorities with the responsibility for food inspections and implementation. However, the state contends that subsequent amendments have progressively weakened this decentralization, shifting enforcement powers away from state officials to the central authority.
In its plea, Maharashtra challenges the authority of the FSSAI's CEO to create positions such as the Central Food Safety Officer and Central Licensing Authority, arguing that these roles were not part of the original statutory framework. The state has requested the court to annul the amendments it deems unconstitutional and has sought a stay on a May 2023 order that limits state food safety officers from inspecting food businesses with central licenses.
The Bombay High Court, led by Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna, has taken up the case and scheduled the next hearing for November 26. The core of the dispute revolves around the jurisdiction of food inspections, with Maharashtra's Food and Drug Administration (FDA) officials advocating for the restoration of state authority to conduct inspections without needing prior approval from the FSSAI.
Currently, businesses with an annual turnover exceeding Rs 50 crore fall under the FSSAI's Central Licensing Authority, requiring state FDA officers to obtain written permission from FSSAI before conducting inspections. This arrangement has significantly hampered the state regulator's ability to operate independently. Officials have noted that while there have been exceptions, such as a recent inspection at a Navi Mumbai hotel, most inspections require prior approval or the presence of FSSAI officers.
