Maharashtra FDA Commissioner Challenges Central Food-Safety Authority’s Powers

Maharashtra’s Food and Drug Administration (FDA) Commissioner Tukaram Mundhe has filed a writ petition in the Bombay High Court alleging that the Food Safety and Standards Authority of India (FSSAI) has created a “parallel enforcement structure” that unlawfully encroaches on the state’s authority under the Food Safety and Standards (FSS) Act, 2006. The petition contends that the central regulator’s actions “usurped” powers vested in the State Commissioner of Food Safety, preventing the state from enforcing the Act in premises holding a central licence.

The Indian ExpressExclusive: Tukaram Mundhe Reveals How His Department Tracks Unsafe Food And Identifies The Culprits

The FSS Act, 2006 assigned enforcement to state commissioners, their officers, and local bodies. The filing argues that a May 12 2023 order issued by the FSSAI CEO restricted the Maharashtra Commissioner, Food Safety Officers, Designated Officers, and Food Analysts from acting against operators with a central licence. The petition also challenges a later FSSAI order revising turnover thresholds for food-business registration, claiming the changes were made without public consultation, violating Section 23 of the General Clauses Act, 1897.

The Indian ExpressCNN-News18Exclusive: Tukaram Mundhe Reveals How His Department Tracks Unsafe Food And Identifies The Culprits

Mundhe, an IAS officer who assumed the Maharashtra FDA commissioner role in May 2026, is known for aggressive food-safety enforcement, including surprise inspections and tracing adulterated products through the supply chain.

ThePrint

• May 12 2023 – FSSAI CEO issues order restricting state enforcement powers.

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• November 26 2024 – Bombay High Court hearing of the writ petition.

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Nationally, the Food Safety and Standards Act prompted 31,407 legal cases in the 2024-25 fiscal year, reflecting the scale of enforcement activity across India. Maharashtra’s FDA under Mundhe has pursued action against unsafe food, adulteration, and substandard products, though specific state case counts are not detailed in the sources.

Exclusive: Tukaram Mundhe Reveals How His Department Tracks Unsafe Food And Identifies The Culprits

The dispute highlights a tension between state and central authorities over jurisdiction in food-safety regulation. A ruling in favor of Maharashtra could restore full enforcement authority over establishments with central licences, while a decision favoring the FSSAI would reinforce a unified national enforcement framework.

The Indian Express

• Tukaram Mundhe asserted that the FSSAI’s order “usurped” the powers of the State Commissioner of Food Safety, causing “injustice and injury” to officials and the people of Maharashtra.

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• The petition seeks to quash the contested provisions of the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulation, 2011, the 2018 Recruitment Regulations, and the 2026 Amendment Regulations, and requests an interim stay on the May 2023 order, along with the transfer of all FoSCoS database records back to state authorities.

The Indian ExpressExclusive: Tukaram Mundhe Reveals How His Department Tracks Unsafe Food And Identifies The Culprits CNN-News18

The Bombay High Court will hear the writ petition on November 26. The decision will determine whether the state’s enforcement powers are restored and whether the FoSCoS database will be returned to Maharashtra’s control. Pending judgment, the Maharashtra FDA will continue its evidence-led inspections and enforcement actions against unsafe food products.

The Indian Express