Maharashtra's State Commissioner of Food Safety filed a petition in the Bombay High Court, accusing the Food Safety and Standards Authority of India of overstepping its mandate. The petition alleges that amendments to the Food Safety and Standards Act, 2006 have dismantled the decentralised regime originally intended to empower state authorities. FSSAI has created positions such as Central Food Safety Officer and Central Licensing Authority, which the petition says are not supported by the Act. These roles allegedly exclude state officers from enforcing food safety. The petition also seeks to quash the amendments and stay a May 2023 order restricting state officers from inspecting centrally licensed units.
Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna have scheduled a hearing for November 26. The bench will examine whether the amendments violate the constitutional principle of decentralisation. The petition also demands the court stay the May 2023 order.
FSSAI argues that the centralised framework ensures uniform standards across India. Officials say the new posts are necessary to coordinate national food safety efforts. The Maharashtra government counters that the changes erode state sovereignty. The state brings evidence that the central appointments have diluted local oversight.
If the court sides with Maharashtra, it could force FSSAI to revert to the earlier structure. The decision will have ripple effects across all states that rely on central licences for food vendors.
The case arrives at a time when food safety enforcement is under scrutiny amid rising consumer complaints. State food safety inspectors report frustration over the ban that limits their access to centrally licensed units. The judiciary's ruling could restore their authority, impacting daily operations for thousands of vendors.