State Alleges Central Regulator Created Parallel Enforcement System

The Maharashtra government has approached the Bombay High Court challenging the Food Safety and Standards Authority of India (FSSAI) over alleged interference in the state’s food safety enforcement powers. The petition, filed through State Food Safety Commissioner Tukaram Mundhe, accuses the central regulator of establishing a parallel enforcement mechanism that restricts state officials from inspecting food businesses holding central licences.

A bench led by Chief Justice Mahesh Chandra Tripathi on Friday scheduled the next hearing for November 26.

The state government argued that the Food Safety and Standards Act, 2006, was intended to decentralise food administration, with enforcement responsibilities assigned to state commissioners, their officers and local bodies. However, it alleged that an FSSAI order dated May 12, 2023, curtailed the authority of state-level officials, including Food Safety Officers, Designated Officers and Food Analysts.

The petition also challenged the appointment of Central Licensing Authorities and other officials by the FSSAI, alleging that these measures encroached upon powers vested in state authorities under the legislation.

State Challenges Licensing Changes and Online Compliance System

Maharashtra has also contested the FSSAI’s March 2026 revision of turnover thresholds for food business registration and state and central licences. According to the petition, the changes were introduced without prior publication for public consultation, allegedly violating Section 23 of the General Clauses Act, 1897.

The state maintained that the FSSAI’s primary role should be to establish uniform food safety standards and monitor imported food at entry points, rather than undertake routine domestic inspections that fall within the state’s enforcement framework.

Additionally, the government challenged the mandatory implementation of the online Food Safety Compliance System (FoSCoS), claiming that its design shifts food businesses towards central licensing and reduces the inspection role of state officials.

The petition seeks the quashing of challenged provisions in food licensing regulations, recruitment rules and the 2026 amendment regulations. It also requests an interim stay on the May 2023 order and the transfer of FoSCoS database records to state authorities.