Maharashtra moves Bombay High Court against Centre, FSSAI over food safety rules

The Maharashtra government has approached the Bombay High Court against the Centre and the Food Safety and Standards Authority of India (FSSAI) over food safety rules and how they are being enforced. The state alleges that the central authority has set up a parallel system alongside the powers the food safety law gives to state officers, and that this has affected the state's regulatory role.

The petition has been filed through the state's Food Safety Commissioner. It challenges changes made to the regulatory framework under the Food Safety and Standards Act, 2006. The state has sought the quashing of the disputed provisions, a stay on certain directions, and the handing over of food business licence records to the concerned state officers.

The state says the 2006 law was meant to place the responsibility for enforcing food safety rules with the state Food Safety Commissioner and other officers, that is, to create a decentralised system. This includes inspecting food establishments, issuing licences and acting against violators.

The petition alleges that the Chief Executive Officer of FSSAI created a parallel administrative system through posts such as Central Licensing Authority and Central Food Safety Officer. The state argues that the parent Act provides no adequate legal basis for these posts and their powers.

The state has also said the central authority's work should be limited to setting food safety standards and regulatory responsibilities relating to imported food items. According to the state, routine inspection of food businesses operating within the country and action at the local level are the responsibility of state and local officers.

An FSSAI circular dated May 12, 2023, is also a key issue in the dispute. According to the Maharashtra government, this direction barred officers of the state Food and Drug Administration (FDA) from inspecting or taking action against business establishments holding central licences. The state says this has affected the ability of local officers to monitor and act. The petition seeks an interim stay on the circular.

The state has also questioned the Food Safety Compliance System (FoSCoS), used for online registration and licensing of food businesses. The petition alleges that the portal's arrangement brought more food businesses under the central licensing framework and limited the role of state officers. The government has asked the High Court to direct that records relating to registration and licences be transferred to the concerned state officers.

The state's petition challenges the Licensing Regulations of 2011, the Recruitment Regulations of 2018 and the amended Regulations of 2026. It also objects to the notifications of March 10 and March 13 on changing the turnover limits set for food business licences. The state alleges that the required objections and suggestions were not invited from the public before these changes were made. Questioning the validity of the provisions concerned, the government has sought the court's intervention.

The case is to be heard on November 26 by a bench of Bombay High Court Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna. The key question before the court will be how far the powers of central and state authorities extend under the food safety law, and whether the disputed rules and directions conform to the existing legal framework.