A dispute over who can inspect and regulate food businesses has reached Bombay High Court, with the Maharashtra government challenging FSSAI regulations that it says unlawfully curtail the state’s enforcement powers.
The petition, filed through the State Commissioner of Food Safety, said the aim of the Food Safety and Standards Act, 2006 (FSSA) 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, the Centre and the FSSAI have since then issued various amendments to the Act that "steadily dismantle the decentralised regime".
The FSSAI Chief Executive Officer (CEO) 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 20203 order restricting state officers from inspecting centrally licensed units.
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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 November 26.