Mumbai, October 23, 2026: The Maharashtra government has moved the Bombay High Court challenging the constitutional validity of several food safety regulations, alleging that the Food Safety and Standards Authority of India (FSSAI) has created a parallel enforcement system that encroaches upon the state’s statutory powers.
The petition, filed through the State Commissioner of Food Safety, contends that the Food Safety and Standards Act, 2006, envisages a decentralised regulatory framework in which licensing and enforcement functions are primarily handled by state commissioners and their designated officers.
However, the state alleges that the Centre and FSSAI have gradually undermined this arrangement by expanding the authority of central officials over food businesses operating within Maharashtra.
Challenge to FSSAI Regulations
The challenge covers the 2011 Licensing Regulations, the 2018 Recruitment Regulations and the 2026 Amendment Regulations. The state has questioned the authority of the FSSAI chief executive officer to create posts such as Central Food Safety Officer and Central Licensing Authority, arguing that these positions are not envisaged under the parent legislation.
According to the petition, the CEO’s enforcement powers are limited to imported food articles and do not extend to regulating domestic food businesses through a separate central enforcement mechanism.
Dispute Over Inspection Powers
The dispute intensified after FSSAI issued a directive on May 12, 2023, prohibiting state food safety officers from inspecting establishments holding central licences. The state has challenged this restriction, maintaining that it curtails the powers of its officers under the existing statutory framework.
The petition also alleges that the online Food Safety Compliance System (FoSCoS) portal has been used to bring food businesses under central control at the expense of state authorities.
Licensing Threshold Amendments Challenged
Additionally, Maharashtra has challenged notifications issued on March 10 and March 13 that revised turnover thresholds for food business licensing. The state claims the amendments were introduced without inviting public objections beforehand, allegedly violating Section 23 of the General Clauses Act.
The government has urged the High Court to strike down the challenged regulations, suspend the May 2023 directive restricting inspections by state officers, and direct FSSAI to transfer licensing databases to the respective state-designated authorities.
Also Watch:
Hearing Scheduled for November 26
The petition is scheduled to be heard on November 26 by a bench of Chief Justice MC Tripathi and Justice Advait Sethna.
To get details on exclusive and budget-friendly property deals in Mumbai & surrounding regions, do visit: https://budgetproperties.in/
