In a major clash between the Centre and the state, Maharashtra’s Food and Drugs Administration (FDA) Commissioner has approached the Bombay High Court, accusing the Union government and the Food Safety and Standards Authority of India (FSSAI) of creating an illegal “parallel system” and "hijacking" the powers of state food safety inspectors.'
The writ petition, filed by the State of Maharashtra through the Commissioner of Food Safety, is likely to come up for hearing on November 26.
The petition alleges that the Centre and the FSSAI have undermined the decentralised enforcement framework established under the Food Safety and Standards Act (FSSA), 2006, by creating a parallel regulatory machinery.
The state has asked the High Court to strike down the contentious central regulations, stay an FSSAI circular issued on May 12, 2023, and direct the central regulator to transfer all Food Safety Compliance System (FoSCoS) registration records back to state officers.
At the heart of the dispute lies a conflict over the authority to monitor food businesses, conduct inspections and take enforcement action. The Maharashtra FDA argues that Parliament intended the 2006 law to decentralise food safety administration by placing the responsibility for inspecting restaurants, granting manufacturing licences and prosecuting errant food business operators directly with the State Food Safety Commissioner and local authorities.
However, the state contends that the FSSAI has gradually dismantled this arrangement by establishing a parallel enforcement structure under the central regulator.
FDA CHALLENGES FSSAI’S ENFORCEMENT POWERS
According to the petition, the FSSAI’s Chief Executive Officer (CEO) has used regulatory powers to establish a parallel administrative machinery comprising central licensing authorities, central food safety officers and central analysts. The Maharashtra FDA argues that the original Act does not provide legal backing for these posts.
The state maintains that the central CEO’s role is limited to framing food safety standards and clearing imported products at entry ports. It argues that the authority does not extend to conducting routine inspections of food businesses in local neighbourhoods, a responsibility the state says the law assigns to state and local authorities.
The petition thus challenges what Maharashtra describes as an expansion of the central regulator’s powers beyond the framework laid down by Parliament.
MAY 2023 CIRCULAR AT THE CENTRE OF THE DISPUTE
The Maharashtra FDA identifies an FSSAI circular issued on May 12, 2023, as a key point of contention. The circular explicitly barred state FDA officers from inspecting or taking enforcement action against commercial establishments holding a Central Licence, according to the petition.
The state argues that this restriction curtailed the authority of local inspectors and prevented them from exercising enforcement powers over major commercial establishments. The FDA contends that the circular weakened the state’s ability to monitor food safety compliance on the ground.
The petition seeks an immediate stay on the May 2023 circular, challenging the restrictions it places on state-level enforcement.
FOSCOS REGISTRATION SYSTEM UNDER SCRUTINY
The Maharashtra FDA has also challenged the Centre’s online licencing and registration platform, the Food Safety Compliance System (FoSCoS). The petition alleges that the platform was deliberately configured to bring as many food businesses as possible under the central licensing framework.
According to the state, this approach further expanded the FSSAI’s reach at the expense of the decentralised system envisaged under the 2006 law. The FDA has asked the High Court to direct the FSSAI to transfer all FoSCoS registration records back to state officers.
The dispute over FoSCoS forms part of the broader challenge to the central regulator’s role in licensing and enforcement.
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