Maharashtra Challenges FSSAI's Authority in Bombay HC Hearing Set for November 26
The Maharashtra government contests FSSAI's enforcement powers, claiming it undermines state authority over food safety.
Maharashtra files a writ petition against FSSAI and the Union Health Ministry.
The state argues that FSSAI's central licensing system infringes on local enforcement.
Hearing scheduled for November 26, amid ongoing enforcement actions by Maharashtra FDA.
The Maharashtra government has initiated legal proceedings against the Food Safety and Standards Authority of India (FSSAI) and the Union Health Ministry, filing a writ petition in the Bombay High Court. This action stems from concerns that the central regulator has established a parallel enforcement system that encroaches upon the powers originally granted to state authorities.
The petition, submitted by Tukaram Mundhe, the state's Food Safety Commissioner, highlights a specific FSSAI order issued on May 12, 2023. This order allegedly restricts the State Commissioner of Food Safety and other state officials from enforcing the Food Safety and Standards Act, 2006, particularly concerning food businesses operating under a central license. The Maharashtra government contends that this order undermines local regulatory authority and creates confusion regarding jurisdiction.
In addition to challenging the May order, the petition questions the legitimacy of various roles created by the FSSAI, such as Central Licensing Authorities and Central Food Safety Officers. The state argues that these positions lack sufficient legal foundation and have been utilized to usurp functions that should be managed by state authorities. Furthermore, Maharashtra has expressed concerns about the Food Safety Compliance System (FoSCoS), which centralizes licensing and effectively places numerous food businesses beyond the reach of local inspections.
The implications of this legal challenge are significant for food safety governance in Maharashtra. The state has requested that the court invalidate the contested regulations, suspend the May 2023 order during the legal proceedings, and mandate the FSSAI to revert licensing databases to state officials. This legal battle unfolds as the Maharashtra FDA, under Mundhe's leadership, has been actively enforcing food safety standards, including the recent suspension of a Mumbai-based dairy farm's FSSAI license following an inspection.
As the hearing approaches on November 26, the outcome could reshape the dynamics of food safety enforcement in Maharashtra. The Bombay High Court's decision may not only affect the relationship between state and central authorities but also influence how food businesses operate under the regulatory framework established by the FSSAI.
