Maharashtra Challenges FSSAI’s Authority in Bombay High Court
The Maharashtra government has filed a writ petition against FSSAI, claiming unconstitutional overreach into state food safety enforcement.
Maharashtra alleges FSSAI has created a parallel regulatory framework infringing on state powers.
The petition questions the validity of FSSAI's central roles established under the Food Safety and Standards Act.
A hearing is scheduled for November 26, 2026, to address the state's concerns.
The Maharashtra government has initiated legal action by filing a writ petition in the Bombay High Court against the Food Safety and Standards Authority of India (FSSAI) and the Union Health Ministry. The state claims that the central authority has overstepped its jurisdiction by establishing an unconstitutional parallel regulatory system that undermines state enforcement powers. The petition, submitted by State Food Safety Commissioner Tukaram Mundhe, challenges the central government's encroachment on state authority in food safety regulation.
Central to this legal dispute is an FSSAI directive issued on May 12, 2023, which Maharashtra argues prevents state officials from enforcing the Food Safety and Standards Act, 2006, on entities that possess central licenses. The petition raises concerns about the legitimacy of various central roles, including Central Licensing Authorities and Central Food Safety Officers, asserting that these positions lack statutory backing under the governing legislation.
Maharashtra further contends that FSSAI's digital platform, the Food Safety Compliance System (FoSCoS), misclassifies local food businesses under central jurisdiction, effectively shielding them from necessary state inspections. The state has requested the High Court to declare these regulations unconstitutional, to stay the May 2023 directive, and to mandate the transfer of all licensing databases back to state officials.
This legal confrontation emerges amidst a vigorous enforcement campaign by the Maharashtra FDA, led by Mundhe, which has recently resulted in the suspension of the license for Mumbai’s iconic Parsi Dairy Farm following inspections. However, the FDA's enforcement measures have not been without controversy, as the High Court has previously scrutinized the agency's inspection protocols, particularly concerning government-operated canteens.
Looking ahead, the case is set for a hearing on November 26, 2026, where the Bombay High Court will deliberate on the merits of Maharashtra's petition and the implications of FSSAI's regulatory framework. The outcome could significantly impact the dynamics of food safety enforcement in the state and the relationship between state and central authorities.
