Mumbai, October 23, 2026: The Maharashtra government has approached the Bombay High Court challenging several central food safety regulations and orders, alleging that the Food Safety and Standards Authority of India (FSSAI) has taken over powers meant for state authorities.
The government has claimed that the central food regulator created a parallel system to control food business licensing and enforcement, going against the Food Safety and Standards Act, 2006.
The petition, filed through the State Commissioner of Food Safety, argues that the Act was designed to give state authorities control over food safety enforcement.
However, the Maharashtra government claims that the Centre and FSSAI have gradually weakened this system by introducing regulations and creating posts that interfere with the powers of state officials, Bar & Bench reports.
State Challenges Central Regulations
The government has challenged the 2011 Licensing Regulations, the 2018 Recruitment Regulations and the 2026 Amendment Regulations. According to the petition, these regulations have allowed the FSSAI to exercise powers that legally belong to State Commissioners and their designated officers.
The petition also questions the authority of the FSSAI Chief Executive Officer (CEO) to create posts such as ‘Central Food Safety Officer’ and ‘Central Licensing Authority’.
The state argues that these positions are not recognised under the Act and that the CEO's enforcement powers are limited to imported food products rather than food businesses operating within the country.
Inspection Ban Sparks Dispute
The dispute intensified after FSSAI issued a directive on May 12, 2023, preventing state food safety officers from inspecting businesses holding central licences. Maharashtra has challenged this restriction, arguing that it interferes with the enforcement powers granted to state authorities under the law.
The government has also raised concerns over the online Food Safety Compliance System (FoSCoS) portal. It alleges that the platform has been used to systematically bring food businesses under central jurisdiction, further reducing the role of state authorities in licensing and regulation.
Licensing Changes Under Question
The petition also challenges notifications issued on March 10 and March 13 that revised turnover thresholds for food business licensing. The government claims that these changes were introduced without first inviting objections from the public.
According to the state, the failure to provide prior notice violates Section 23 of the General Clauses Act. The petition raises questions about whether the Centre followed the required legal procedure before making changes that affect food business licensing.
Maharashtra Seeks Court Intervention
The Maharashtra government has urged the Bombay High Court to quash the regulations it considers unconstitutional. It has also sought a stay on the May 2023 directive that prevents state food safety officers from inspecting centrally licensed businesses.
In addition, the government wants the court to direct FSSAI to transfer all food business licensing databases back to the respective state-designated officers.
The case highlights a significant dispute over the division of powers between central and state authorities in regulating food businesses. At the heart of the legal battle is whether a central regulator can exercise enforcement powers that Maharashtra argues belong to state officials under the existing law.
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The petition, titled State of Maharashtra v. Union of India & Ors., is scheduled to be heard on November 26 by a division bench comprising Chief Justice Mahesh C Tripathi and Justice Advait Sethna.
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