The petition, filed by the State of Maharashtra through its Commissioner of Food Safety, came up for hearing on Friday before a bench comprising Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna.
At the centre of the dispute is the question of whether the state or the Centre has the authority to inspect food safety standards at large restaurants, hotels and manufacturing units. The FDA contends that the Food Safety and Standards Act, 2006, entrusted these responsibilities to state authorities, but alleges that the FSSAI has gradually encroached upon those powers.
The state has sought three key forms of relief from the court. It has requested that the contentious central regulations be struck down, that an FSSAI circular dated May 12, 2023, be stayed, and that the authority be directed to transfer all registration records maintained on its online Food Safety Compliance System (FoSCoS) portal back to state officers.
According to the petition, Parliament intended the 2006 legislation to distribute food safety responsibilities among the states. Under this framework, the State Food Safety Commissioner and local authorities are responsible for inspecting eateries, issuing manufacturing licences and prosecuting businesses found violating the applicable requirements.
However, the FDA alleges that the FSSAI’s Chief Executive Officer used his powers to establish positions such as “Central Licensing Authority” and “Central Food Safety Officer”, which, according to the state, are not provided for under the Act.
The Maharashtra FDA argues that the CEO’s mandate is limited to framing food safety standards and clearing imported food at entry ports. It maintains that these responsibilities do not extend to conducting routine inspections of food businesses in local areas.
The circular issued on May 12, 2023, is another major point of contention. The petition alleges that the directive prevented state officers from inspecting or taking action against businesses holding a Central Licence. The FDA contends that this restriction weakened the state’s ability to monitor food safety at the ground level and has sought an immediate stay on the circular.
The dispute also extends to the FoSCoS portal, which serves as the online platform for food safety compliance. The petition alleges that the system was deliberately designed to bring as many food businesses as possible under central licensing. According to the state, this approach expanded the FSSAI’s jurisdiction at the expense of the regulatory framework envisaged under the Food Safety and Standards Act, 2006.
With the next hearing scheduled for November 26, the Bombay High Court will consider the dispute over the division of food safety inspection powers between Maharashtra’s state authorities and the central regulator.
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