Maharashtra Challenges FSSAI Over Food Safety Enforcement Powers

Maharashtra’s Legal Challenge Against FSSAI

Maharashtra Challenges FSSAI Over Food Safety Enforcement Powers: The Maharashtra Government has approached the Bombay High Court against the Union Health Ministry and the Food Safety and Standards Authority of India (FSSAI) over the division of food-safety enforcement powers between the Centre and the states.

The petition, filed through Maharashtra’s Food Safety Commissioner Tukaram Mundhe, alleges that the central regulator has developed a parallel enforcement mechanism that weakens the statutory authority of state officials. These are the State government’s allegations; the precise legal position remains a matter for judicial determination.

The dispute centres on the Food Safety and Standards Act, 2006, which provides the legal framework for food-safety regulation in India.

Centralisation Versus Decentralisation

Maharashtra argues that the Act envisages an enforcement system in which state-level authorities play a major operational role. These include the Commissioner of Food Safety, Designated Officers, Food Safety Officers and Food Analysts, alongside relevant local bodies.

According to the petition, subsequent regulatory measures have expanded the role of central officials, particularly in establishments holding central food licences. Maharashtra contends that this arrangement could restrict state officers from independently carrying out inspections and enforcing food-safety requirements.

The central regulator, however, operates under its own statutory responsibilities, and its framework recognises both central and state structures. The key legal question is how their respective powers should be interpreted and coordinated under the Act.

Dispute Over the 2023 Order

A major point of contention is an FSSAI order dated 12 May 2023. Maharashtra alleges that the order restricted State Food Safety Commissioners and their officers from independently enforcing the Act in businesses holding Central Licences.

The State has also questioned the deployment of Central Licensing Authorities, Central Food Safety Officers and Central Food Analysts, arguing that these arrangements create overlapping enforcement structures.

Maharashtra has sought judicial intervention to clarify and protect the powers of state authorities. The allegations should not be treated as established findings unless upheld by the Court.

Licensing Thresholds and FoSCoS

Maharashtra has also challenged changes to the turnover thresholds for food-business registration and licensing under the Food Safety and Standards (Licensing and Registration of Food Businesses) Amendment Regulations, 2026, as described in the supplied report.

The revised thresholds stated in the report are:

• Registration: Annual turnover up to ₹1.5 crore.
• State Licence: Turnover above ₹1.5 crore and up to ₹50 crore.
• Central Licence: Turnover above ₹50 crore.

These thresholds reportedly became applicable to new applications from 1 April 2026, with migration arrangements for existing businesses. FSSAI maintains, according to the supplied material, that the changes did not alter the jurisdiction of licensing authorities.

The State has alleged inadequate prior public consultation and questioned the mandatory use of the Food Safety Compliance System (FoSCoS). FoSCoS is the digital platform used for food-business licensing and compliance. Maharashtra argues that centralised databases could limit state authorities’ independent access to information needed for monitoring and inspections.

Role of FSSAI

Established under the Food Safety and Standards Act, 2006, FSSAI is India’s apex statutory food-safety regulator. Its responsibilities include:

• Establishing science-based food standards.
• Regulating food manufacture, storage, distribution, sale and import.
• Administering food-business licensing and registration.
• Coordinating enforcement with State and Union Territory authorities.
• Supporting food testing, laboratory networks and risk assessment.
• Conducting surveillance and promoting food-safety awareness.

Under Section 31 of the Act, food-business operators generally must obtain the applicable registration or licence.

Static GK fact: FSSAI functions under the administrative framework of the Ministry of Health and Family Welfare, while food-safety enforcement involves coordination between central and state authorities.

Relief Sought and Federal Significance

According to the supplied report, Maharashtra has sought the quashing of specified provisions of the 2011 Licensing and Registration Regulations, the 2018 Recruitment Regulations and the 2026 Amendment Regulations. It has also sought an interim stay on the May 2023 order, restoration of state inspection powers over centrally licensed businesses and the transfer of relevant FoSCoS database records to state authorities.

The case raises questions about cooperative federalism, administrative decentralisation and regulatory accountability. Uniform national standards are important because food supply chains cross state boundaries, while effective enforcement depends heavily on local inspections and state-level administrative capacity.

The eventual judicial interpretation could help clarify how central regulatory coordination and state enforcement responsibilities should operate together.

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Maharashtra Challenges FSSAI Over Food Safety Enforcement Powers: