Maharashtra Challenges FSSAI's Authority in High Court
The Maharashtra government has filed a petition against the FSSAI, questioning its constitutional authority and alleging overreach.
Maharashtra accuses FSSAI of creating an illegal parallel system.
The state seeks to regain control over food safety licensing and inspections.
A Bombay High Court bench will hear the case involving significant regulatory implications.
The Maharashtra government has initiated legal proceedings against the Food Safety and Standards Authority of India (FSSAI) in the Bombay High Court, contesting the constitutional validity of its regulations. This petition, filed by the Maharashtra Food and Drug Administration (FDA) Commissioner Tukaram Mundhe, highlights the state's concerns regarding FSSAI's alleged encroachment on state powers, particularly in food safety oversight.
The contention arises from the FSSAI's establishment of a framework that the Maharashtra government deems an 'illegal parallel system.' This framework includes the appointment of 'Central Food Safety Officers,' which the state argues undermines the authority of state commissioners to enforce licensing and inspection as mandated by the Food Safety and Standards Act of 2006.
The petition specifically challenges an FSSAI directive from May 2023 that restricted state officers from inspecting companies licensed at the central level, centralizing operations through the Food Safety Compliance System (FoSCoS). This system, an upgrade from the Food Licensing and Registration System (FLRS) initiated in 2012, has been criticized for limiting state-level regulatory capabilities.
Furthermore, Maharashtra's legal action includes opposition to a notification issued in March 2023 that increased turnover thresholds for businesses without public consultation. The state is demanding the annulment of these regulations, a halt to the inspection ban, and the restoration of the licensing database to state control. The implications of this case are significant, as they could redefine the balance of power between state and central food safety authorities.
The Bombay High Court, with Chief Justice Mahesh C Tripathi and Justice Advait Sethna presiding, is set to hear the petition. The outcome could have far-reaching effects on food safety regulations in Maharashtra and potentially across India, as it raises critical questions about the authority and operational scope of the FSSAI in relation to state governments.
