Maharashtra v. Union of India FSSAI: State Challenges Central Powers

• The State of Maharashtra has filed a petition in the Bombay High Court challenging FSSAI's enforcement powers.
• Maharashtra alleges FSSAI has unconstitutionally created a parallel enforcement regime, usurping state authority.
• The petition specifically challenges the 2011 Licensing Regulations, 2018 Recruitment Regulations, and 2026 Amendment Regulations.
• Maharashtra argues the Food Safety and Standards Act, 2006, mandates decentralised food regulation, with powers vested in State Commissioners.
• A May 12, 2023 FSSAI directive, barring state officers from inspecting centrally licensed businesses, escalated the dispute.

This case is pivotal for clarifying which authority holds ultimate oversight for licensing, inspections, and potential penalties, especially for entities operating under central licenses.

The State of Maharashtra has formally petitioned the Bombay High Court, initiating a significant legal confrontation against the Food Safety and Standards Authority of India (FSSAI) and the Union of India. This case, identified as State of Maharashtra v. Union of India & Ors., directly questions the constitutional validity of several central food safety regulations and associated orders. The Maharashtra government contends that the FSSAI has unlawfully created a parallel enforcement system, thereby infringing upon and usurping the established powers of state governments in food regulation.

The petition, lodged through the State Commissioner of Food Safety, specifically targets the FSSAI 2011 Licensing Regulations, the 2018 Recruitment Regulations, and the 2026 Amendment Regulations. Maharashtra argues that these specific regulations, among other directives, represent an overreach of central authority. A central point of contention involves the FSSAI Chief Executive Officer's alleged unauthorized creation of roles such as ‘Central Food Safety Officer’ and ‘Central Licensing Authority’, which the state asserts are entirely outside the statutory framework governing food safety.

At the core of Maharashtra's legal challenge lies its interpretation of the Food Safety and Standards Act, 2006 (FSSA). The state's position is that the FSSA was fundamentally designed to foster a decentralised approach to food regulation, explicitly assigning primary licensing and enforcement powers to State Commissioners and their designated officers. The petition alleges that, contrary to this legislative intent, the Centre and FSSAI have progressively dismantled this decentralised regime, centralizing powers that were meant to reside with the states.

Furthermore, the State of Maharashtra asserts that the FSSAI CEO's enforcement jurisdiction is strictly limited to matters concerning imported food articles, not domestic ground enforcement. The creation of central enforcement roles for operations within the state is therefore deemed an illegitimate expansion of power. This jurisdictional dispute, highlighting Maharashtra FSSAI enforcement powers, escalated significantly following a directive issued by the FSSAI on May 12, 2023. This directive controversially barred state food safety officers from inspecting businesses that hold a central license, further exacerbating the tension between FSSAI central vs state licensing authority. The state has also claimed that the online Food Safety Com.

The ongoing legal proceedings in the Bombay High Court hold profound implications for the regulatory landscape of food safety across India. The outcome of this case will be crucial in defining the precise jurisdictional boundaries and enforcement powers between the FSSAI and State Food Safety Commissioners. The challenge to the FSSAI 2011 Licensing Regulations, alongside other contested rules, underscores a fundamental disagreement regarding the practical implementation of the Food Safety and Standards Act 2006 decentralisation principle.

A favorable ruling for Maharashtra could lead to a significant re-evaluation of the FSSAI's operational model, potentially reinforcing state-level oversight for a broader range of food businesses. Conversely, if the Bombay High Court upholds the FSSAI's current actions and regulations, it would solidify the central authority's expanded role, impacting compliance strategies and regulatory engagement for food businesses nationwide. This case is pivotal for clarifying which authority holds ultimate oversight for licensing, inspections, and potential penalties, especially for entities operating under central licenses.

Lawyers and compliance officers advising food businesses must closely monitor the outcome of this Bombay High Court case, as it will clarify the jurisdictional boundaries and enforcement powers between FSSAI and State Food Safety Commissioners. This will directly impact compliance strategies, regulatory engagement, and understanding which authority has oversight for licensing, inspections, and potential penalties, particularly for businesses operating under central licenses.

Source: Based on reports from legal sources.