Legal Challenge Over Regulatory Jurisdiction

The legal battle lines have been drawn between the Maharashtra government and the central food regulator, as the state administration officially moved the Bombay High Court on Friday. The state's petition challenges multiple food safety regulations, arguing that the Food Safety and Standards Authority of India (FSSAI) has unconstitutionally established a parallel enforcement structure that systematically strips state authorities of their mandated powers.

Filed through the State Commissioner of Food Safety, the legal challenge contends that the foundational intent of the Food Safety and Standards Act (FSSA), 2006, was to ensure the decentralization of food regulation. Under the original framework, enforcement was firmly vested in the State Commissioner of Food Safety and designated local officers.

Dismantling the Decentralized Framework

According to the state's submissions, successive amendments introduced by the Centre and the FSSAI have progressively dismantled this decentralized framework. The petition explicitly calls out the FSSAI Chief Executive Officer, alleging that the creation of specialized administrative positions—such as 'Central Food Safety Officer' and 'Central Licensing Authority'—exceeds statutory boundaries and remains entirely foreign to the original legislative intent of the Act.

Maharashtra's legal counsel has urged the High Court to formally quash what it terms unconstitutional amendments and regulations. Crucially, the plea seeks an immediate stay on a contentious May 2020 order that actively restricts state-level officers from inspecting centrally licensed manufacturing and processing units.

Court Proceedings Ahead

The high-profile matter came up for an initial hearing before a division bench comprising Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna. After brief preliminary submissions, the court scheduled the matter for a detailed hearing on November 26, where arguments regarding interim relief and the broader constitutional questions of federal oversight versus state jurisdiction are expected to take center stage.