Bombay HC To Hear Maharashtra's Challenge To FSSAI's Food Safety Enforcement Powers On November 26

Bombay HC To Hear Maharashtra's Challenge To FSSAI's Food Safety Enforcement Powers On November 26

The Maharashtra government has approached the Bombay High Court challenging several food safety regulations, alleging that the Food Safety and Standards Authority of India (FSSAI) has unlawfully created a parallel enforcement mechanism that encroaches upon the State's powers.

The petition, filed through the State Commissioner of Food Safety, contends that the Food Safety and Standards Act, 2006 (FSSA) was intended to decentralise food regulation, with its enforcement entrusted to State Commissioners of Food Safety and designated officers.

However, the plea alleges that the Centre and the FSSAI subsequently introduced amendments and regulations that have gradually dismantled this decentralised framework.

The State has challenged the creation of posts such as 'Central Food Safety Officer' and 'Central Licensing Authority', alleging that the FSSAI Chief Executive Officer (CEO) unlawfully exercised powers to establish positions that are not envisaged under the statutory framework of the FSSA.

The petition has sought the quashing of the allegedly unconstitutional amendments and regulations. It has also challenged a May 2023 order restricting State food safety officers from inspecting centrally licensed food business establishments and sought a stay on its operation.

The matter came up for hearing before a bench comprising Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna on Friday.

The Court has scheduled the next hearing for November 26.

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