Maharashtra’s legal team argued that the Food Safety and Standards Authority of India (FSSAI) has effectively hijacked the statutory framework of the 2006 Act by establishing a parallel enforcement regime. The petition, filed through the State Commissioner of Food Safety, contends that the Centre’s recent amendments have dismantled the decentralized structure originally designed to empower state-level officers.
The core of the insult, according to the plea, lies in the FSSAI CEO’s creation of posts like ‘Central Food Safety Officer’ and ‘Central Licensing Authority’—roles that do not exist in the law. The state argues these actions are not just administrative tweaks but a fundamental breach of the federal mandate, stripping designated state officers of their inspection powers.
A specific grievance targets a May 2023 order that restricts state officers from inspecting units licensed by the Centre. This move, the petition claims, creates a two-tiered system where federal interests override local regulatory oversight. The legal challenge seeks to quash these unconstitutional regulations immediately.
The matter is currently before a bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna. The court deferred its judgment, setting a hearing for November 26. Until then, the status quo remains, but the legal friction between the state and the central regulator has just escalated.