Maharashtra moves HC against central food safety regulations; says these usurp state govt’s powers

Mumbai: Maharashtra govt has moved Bombay High Court against several food safety regulations, claiming the Food Safety and Standards Authority of India (FSSAI) has unconstitutionally established a parallel enforcement regime that usurps the state govt’s powers.

The petition, filed through the state commissioner of food safety, said the aim of the Food Safety and Standards Act, 2006 was to decentralise food regulation. Earlier, enforcement of the Act was through the state commissioner of food safety and designated officers, it pointed out.

As per the plea, Centre and FSSAI have since then issued various amendments to the Act that “steadily dismantle the decentralised regime”.

The FSSAI chief executive officer exercised powers unlawfully by creating posts like ‘Central Food Safety Officer’ and ‘Central Licensing Authority’, the plea said. These roles are foreign to the statutory framework of the Act, the plea contended.

The plea has sought HC to quash the unconstitutional amendments and regulations and stay a May 2023 order restricting state officers from inspecting centrally licensed units.

The petition came up for hearing before a bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna on Friday. The court said it would hear the matter on Nov 26.

Senior FDA officials pointed out that they are trying to reclaim the state’s right to inspect every food business operator as it deems fit.

At present, businesses with a turnover of Rs 50 crore or more fall under the jurisdiction of the Central Licensing Authority under FSSAI. This means that every time the state FDA wishes to inspect big food businesses or 3-star hotels, prior written permission from FSSAI is required.

An official explained that the only exception was when they inspected Park Inn by Radisson in Navi Mumbai and suspended its food licence. “At that time, we had a complaint, based on which the FDA commissioner (Tukaram Mundhe) allowed us to move forward. In other instances, we had to seek permission or have FSSAI officers accompany us,” the official said.