The Maharashtra government, through Food Safety Commissioner Tukaram Mundhe, has moved the Bombay High Court against the Union Health Ministry and the Food Safety and Standards Authority of India, alleging that the central regulator created a parallel enforcement system that restricts state officers from acting against food businesses holding Central Licences.
A bench led by Chief Justice Mahesh Chandra Tripathi on Friday posted the writ petition for hearing on November 26.
The state has challenged several regulatory measures, including a May 12, 2023 order issued by the FSSAI chief executive officer, changes to licensing thresholds introduced this year and the mandatory rollout of the Food Safety Compliance System.
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State Challenges Restrictions on Central Licence Inspections
The petition contends that the Food Safety and Standards Act, 2006 was designed to decentralise food administration and place enforcement responsibilities with the State Commissioner of Food Safety and other designated authorities.
According to the plea, the May 2023 order restricted state food safety officials, designated officers and food analysts from enforcing provisions of the law against food businesses operating with Central Licences and registrations.
The state alleged that FSSAI had effectively created a parallel enforcement structure by appointing Central Licensing Authorities, Central Food Safety Officers and Food Analysts under Section 10(5) of the Act.
The petition claims that this arrangement has encroached upon the powers of state authorities and limited their ability to inspect and regulate centrally licensed food businesses.
Licensing Threshold Changes and FoSCoS Also Challenged
The Maharashtra government has also challenged an FSSAI order issued in March 2026 revising the turnover thresholds used to determine registration, state licences and Central Licences for food businesses.
The petition claims that the changes were finalised without prior publication for public feedback and describes this as a violation of Section 23 of the General Clauses Act, 1897.
The state has further questioned the mandatory implementation of the online Food Safety Compliance System, or FoSCoS.
According to the plea, the portal has been structured in a manner that brings a larger number of food businesses under the Central Licensing Authority, thereby placing them outside the inspection jurisdiction of local officials.
The state argued that FSSAI’s role under the Act was to set uniform standards and monitor imported food at ports of entry rather than carry out routine domestic inspections.
State Seeks Stay and Transfer of FoSCoS Records
The petition seeks directions from the Bombay High Court to quash the challenged provisions of the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011, the 2018 Recruitment Regulations and the 2026 Amendment Regulations.
Pending final disposal of the case, the state has sought an interim stay on the May 2023 order.
It has also requested directions requiring FSSAI to transfer FoSCoS database records back to state authorities.
The plea states that Mundhe approached the High Court seeking removal of what it described as injustice and injury caused to state food safety officers and the people of Maharashtra.
The matter is scheduled to be heard on November 26.
About the author — Suvedita Nath is a science student with a growing interest in cybercrime and digital safety. She writes on online activity, cyber threats, and technology-driven risks. Her work focuses on clarity, accuracy, and public awareness.
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