Maharashtra FDA Challenges FSSAI in Bombay High Court Over Food Safety Control
The Maharashtra FDA has filed a petition against FSSAI, claiming it has created an illegal regulatory framework undermining state authority.
Maharashtra FDA accuses FSSAI of establishing a parallel regulatory system.
The petition seeks to invalidate a May 2023 circular restricting state inspections.
Hearing for the case is scheduled for November 26.
In a significant legal confrontation, the Maharashtra Food and Drugs Administration (FDA) has approached the Bombay High Court, alleging that the Food Safety and Standards Authority of India (FSSAI) has unlawfully usurped state powers related to food safety inspections and licensing. The writ petition, filed by the FDA Commissioner, challenges the central authority's actions, claiming they violate the decentralised framework established by the Food Safety and Standards Act of 2006.
The crux of the dispute revolves around the authority to oversee food businesses and enforce safety regulations. Maharashtra's FDA argues that the 2006 legislation was designed to decentralise food safety oversight, placing the responsibility for inspections and licensing directly in the hands of state authorities. However, the state contends that FSSAI has gradually eroded this framework by implementing a centralised enforcement system that undermines local governance.
The petition specifically targets a circular issued by FSSAI on May 12, 2023, which prohibits state FDA officials from inspecting establishments that hold a Central Licence. This restriction, according to the state, significantly limits the enforcement capabilities of local inspectors and hampers their ability to ensure food safety compliance. Maharashtra's FDA is seeking an immediate stay on this circular, arguing it disrupts the state's regulatory authority.
Additionally, the Maharashtra FDA has raised concerns regarding the Food Safety Compliance System (FoSCoS), an online licensing platform developed by the Centre. The state claims that FoSCoS was intentionally designed to bring more food businesses under central control, further extending FSSAI's reach at the expense of the decentralised system intended by the 2006 Act. The FDA has requested the High Court to mandate the transfer of all FoSCoS registration records back to state officials.
As the legal proceedings unfold, the implications of this case could have far-reaching effects on food safety governance in Maharashtra and potentially across India. The upcoming hearing on November 26 will be crucial in determining the balance of power between state and central food safety authorities and could set a precedent for future regulatory frameworks in the country.
