Maharashtra Challenges FSSAI Parallel Food Safety Powers in Court

The Maharashtra government moved the Bombay High Court challenging central food safety regulations and statutory administrative orders, asserting that the national regulator established an unconstitutional parallel regime that usurps state authority. Filed through the State Commissioner of Food Safety, the formal writ petition argues that the Food Safety and Standards Act of 2006 intended to decentralise regulatory governance under designated regional commissioners.

The Maharashtra FDA requested the Bombay High Court to stay the FSSAI circular of May 12, 2023, and transfer all FoSCoS registration records back to state officers.

State authorities contended that administrative amendments introduced by the Union government and the Food Safety and Standards Authority of India have systematically eroded provincial licensing authority. According to the petition, the executive leadership of the national food authority acted beyond statutory boundaries by establishing central enforcement posts that possess no basis in the governing legislation.

Jurisdiction Over Domestic Licensing and Inspection Restrictions

In its submission, the state administration specifically challenges three key regulatory frameworks, namely licensing rules instituted in 2011, recruitment guidelines from 2018, and the recent 2026 amendment regulations. Tensions between provincial and central administrators escalated after an official directive issued on May 12, 2023 prohibited state safety inspectors from conducting verification visits at businesses holding central operating licences. The state administration asserted that the digital Food Safety Compliance System portal was deployed to bring local commercial enterprises under direct union oversight.

Under revised FSSAI regulations, an annual turnover threshold above Rs 50 crore divides State Licensing from Central Licensing, according to Silvereye Certifications.

Turnover Thresholds and High Court Proceedings

Maharashtra also challenged official notifications issued in March that modified commercial turnover thresholds for mandatory business licensing. State legal counsel argued that these revisions were enforced without prior public consultations, in direct contravention of Section 23 of the General Clauses Act. The petition was presented before a division bench comprising Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna, with the high court scheduling detailed hearings for November 26.