Maharashtra challenges FSSAI's food safety rules in HC
What's the story
The Maharashtra government has challenged the constitutional validity of certain rules of the Food Safety and Standards Authority of India (FSSAI) in the Bombay High Court. The petition was filed by Maharashtra Food and Drug Administration (FDA) Commissioner Tukaram Mundhe, who is known for his strict actions against unsafe food practices by major brands. The state accuses FSSAI of creating an "illegal parallel system" by appointing "Central Food Safety Officers."
Legal challenge
Challenge over FSSAI's centralized system
The state has challenged an FSSAI order from May 2023, which prevented state officers from inspecting centrally licensed companies.
This order centralized all businesses through the Food Safety Compliance System (FoSCoS) website.
FoSCoS is a revamped version of the Food Licensing and Registration System (FLRS) that was launched in 2012 for issuing FSSAI licenses across India.
Petition demands
State seeks to quash 'unconstitutional rules'
Maharashtra has also challenged a March notification that raised turnover limits without public consultation.
The state seeks to quash what it calls "unconstitutional rules," stay the inspection ban, and return the licensing database to its control.
The petition will be heard by a bench comprising Chief Justice Mahesh C Tripathi and Justice Advait Sethna on November 26.
Regulatory dispute
What is the FSSAI?
The FSSAI was established under the Food Safety and Standards Act, 2006, which consolidated various laws related to food safety.
The authority frames regulations to enforce food safety standards and guidelines.
However, Maharashtra argues that the central body has usurped state powers by creating a parallel regulatory structure.
The state contends this undermines the decentralized enforcement framework intended by Parliament when enacting the 2006 law.
Licensing dispute
Who should conduct inspections?
The petition also questions the legal status of central licensing authorities, central food safety officers, and central analysts created by the FSSAI's CEO.
It contends that these roles exceed the authority granted under the original Act.
The state argues that routine inspections of food businesses should be conducted by state and local authorities, not central regulators.