The Maharashtra government has filed a petition against the Union health ministry and the Food Safety and Standards Authority of India, alleging encroachment on state powers.
On November 18, the Maharashtra government initiated legal action by filing a petition in the Bombay High Court against the Union health ministry and the Food Safety and Standards Authority of India (FSSAI). The petition, filed through Maharashtra Food Safety Commissioner Tukaram Mundhe, alleges that FSSAI has created a parallel enforcement system and encroached on the powers of the state’s food safety authorities.
The state's argument centers around a 2023 FSSAI order which, according to Maharashtra, restricts its officials from enforcing food safety laws at businesses holding a central licence. The government claims that the 2006 Food Safety and Standards Act intended to decentralise food safety enforcement, with state commissioners and their officials responsible for implementing the law.
Furthermore, Maharashtra alleges that FSSAI has 'usurped' the power of state authorities by appointing central licensing authorities and central food safety officers. The state also challenged changes made by FSSAI in March to the turnover limits determining whether food businesses require registration, a state licence or a central licence, claiming these changes were implemented without public consultation.
A bench led by Chief Justice Mahesh Chandra Tripathi on Friday posted the hearing of the petition for November 26.
Source:
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