Mumbai: 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 their implementation.
The state government alleges that the central authority has created a parallel system alongside the powers granted to state officials under food safety law, affecting the state’s regulatory role.
The petition, filed through the state Food Safety Commissioner, challenges changes to the regulatory framework established under the Food Safety and Standards Act, 2006. The Maharashtra government has sought the quashing of the disputed provisions, a stay on certain directions, and the transfer of records relating to food business licences to the relevant state authorities.
Questions over powers of central officials
The Maharashtra government has said the objective of the 2006 law was to assign responsibility for enforcing food safety regulations to the state Food Safety Commissioner and other officials through a decentralised system. This includes inspecting food establishments, issuing licences and taking action against violators.
The petition alleges that the FSSAI chief executive officer developed a parallel administrative system through positions such as the Central Licensing Authority and Central Food Safety Officers. The state government argues that the original law does not provide an adequate statutory basis for these positions and their powers.
The state has also argued that the central authority’s role should be limited to setting food safety standards and regulatory responsibilities related to imported food products. According to the state, regular inspections of domestic food businesses and enforcement at the local level are the responsibility of state and local authorities.
Objection to 2023 circular
A May 12, 2023, FSSAI circular is also a key issue in the dispute. According to the Maharashtra government, the directive restricted state Food and Drug Administration (FDA) officials from inspecting and taking enforcement action against commercial establishments holding central licences.
The state government says this affected the ability of local officials to conduct oversight and take action. The petition seeks an interim stay on the circular.
FoSCoS portal and licensing records
The Maharashtra government has also questioned the Food Safety Compliance System (FoSCoS), which is used for the online registration and licensing of food businesses.
The petition alleges that the portal’s system brought more food businesses under the central licensing framework, limiting the role of state officials.
The government has asked the High Court to direct that records related to the registration and licensing of food businesses be transferred to the relevant state authorities.
Rules challenged by the state
The state government’s petition challenges the 2011 licensing regulations, the 2018 recruitment regulations and the amended regulations of 2026. It has also raised objections to notifications dated March 10 and March 13 concerning changes to the turnover thresholds prescribed for food business licences.
The state alleges that the necessary public objections and suggestions were not invited before these changes were made. The government has questioned the legality of the relevant provisions and sought judicial intervention.
Next hearing on November 26
The case is scheduled to be heard on November 26 by a bench of Bombay High Court Chief Justice Mahesh Chandra Tripathi and Justice Adwait Sethna.
The key question before the court will be the extent of the powers of central and state authorities under food safety law, and whether the disputed rules and directions conform to the existing legal framework.
