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Maharashtra FDA Takes FSSAI to Bombay High Court Over Food-Safety Enforcement Powers
By Drooid · · How we work
State Petition Against Central Regulations
The Maharashtra Food and Drugs Administration (FDA) Commissioner has filed a writ petition in the Bombay High Court, alleging that the Union government and the Food Safety and Standards Authority of India (FSSAI) have created an illegal “parallel system” that hijacks the authority of state food-safety inspectors. The petition seeks to strike down a central regulation, stay an FSSAI circular issued on May 12, 2023, and order the transfer of all Food Safety Compliance System (FoSCoS) registration records back to state officers.
Legal Framework and Decentralisation Intent
According to the petition, the Food Safety and Standards Act (FSSA) of 2006 was intended by Parliament to decentralise food-safety administration, assigning inspection, licensing and prosecution responsibilities to the State Food Safety Commissioner and local authorities. The Maharashtra FDA argues that this statutory design limits the FSSAI chief executive officer (Chief Executive Officer (CEO)) to setting standards and clearing imported products, not to conducting routine inspections of locally operating food businesses.
Points of Contention: May 2023 Circular and FoSCoS Platform
The petition identifies the May 12, 2023 circular as a key grievance, stating that it bars state FDA officers from inspecting or enforcing action against commercial establishments holding a central licence. The Maharashtra FDA contends that this restriction curtails local inspectors’ ability to monitor food-safety compliance. In addition, the state challenges the FoSCoS online licensing and registration platform, alleging that it was deliberately configured to bring a maximum number of food businesses under the central licensing framework, thereby expanding the FSSAI’s reach at the expense of the decentralised system.
Court Proceedings and Schedule
The writ petition was presented before a bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna. The Bombay High Court has scheduled a hearing for November 26. The court’s decision will determine whether the contested central regulations and the May 2023 circular are upheld or struck down.
Potential Impact on State-Centre Food-Safety Governance
If the High Court orders the reversal of the circular and the return of FoSCoS records to state officers, the ruling could reaffirm the decentralised enforcement model envisioned by the 2006 Act, limiting the FSSAI’s direct involvement in routine inspections. Conversely, a decision upholding the central regulations would solidify a more unified, centrally administered food-safety regime, reshaping the balance of power between state and Union authorities in India’s food-safety landscape.