Maharashtra Government Challenges Central Food Regulator’s Authority in Bombay High Court

The Maharashtra government has initiated legal proceedings in the Bombay High Court against the Union health ministry and the Food Safety and Standards Authority of India (FSSAI). The state alleges that the food regulator has overstepped its jurisdiction by establishing a parallel enforcement framework that infringes on the powers of local food safety authorities.

The petition, submitted by Maharashtra Food Safety Commissioner Tukaram Mundhe, contests a 2023 order from the FSSAI. This order purportedly restricts state officials from enforcing food safety regulations at establishments that operate under a central license. Maharashtra officials argue that the 2006 Food Safety and Standards Act was designed to decentralize the enforcement of food safety laws, placing the onus on state commissioners and their teams.

According to the state government, FSSAI has effectively “usurped” the authority of state bodies by appointing central licensing authorities and food safety officers, thereby undermining the established regulatory framework. Additionally, Maharashtra is contesting recent amendments made by the FSSAI in March, which altered the turnover thresholds that determine whether food businesses require state or central licensing.

The state claims these modifications were enacted without prior public consultation, raising concerns about transparency and inclusivity in regulatory changes. The legal challenge underscores the ongoing tensions between state and central authorities in managing food safety, an area of increasing importance given the vibrant and diverse food sector in India.

The bench, led by Chief Justice Mahesh Chandra Tripathi, has scheduled the hearing for November 26. This development comes at a time when the food safety landscape in India is under significant scrutiny, with stakeholders advocating for clarity and coherence in the regulatory framework governing food businesses.

Source: scroll.in