Maharashtra Challenges FSSAI Enforcement Powers in Bombay High Court
The Maharashtra government has approached the Bombay High Court challenging several food safety regulations and directives issued by the Food Safety and Standards Authority of India, commonly known as FSSAI. The state alleges that the central regulator has created a parallel enforcement structure that encroaches on the statutory powers of state food safety authorities. The case raises important questions about how food businesses should be licensed, inspected and regulated under India's food safety laws.
The petition was filed through the Maharashtra State Commissioner of Food Safety. According to the state's submissions, the Food Safety and Standards Act, 2006, was intended to establish a decentralised regulatory framework, with state commissioners and designated officers playing a central role in implementing food safety requirements.
Maharashtra argues that subsequent regulations and administrative directions have gradually weakened that arrangement by expanding the role of central authorities in the regulation of food businesses operating within the state. These are claims made in the petition and have not been established as judicial findings.
Regulations Under Challenge
The state has challenged the FSSAI Licensing and Registration Regulations of 2011, the Recruitment Regulations of 2018 and the 2026 amendment regulations. It contends that certain provisions and administrative decisions introduced under this framework exceed the authority provided by the parent legislation.
A key issue concerns the creation of positions such as Central Food Safety Officer and Central Licensing Authority. Maharashtra alleges that the FSSAI Chief Executive Officer exercised powers unlawfully by establishing these roles, which the state says are not envisaged in the statutory framework in the manner being used.
The petition further argues that the central regulator's enforcement authority should not extend to a separate system of routine ground-level regulation of domestic food businesses beyond what the law permits. Maharashtra maintains that state-designated officials must retain the responsibilities assigned to them under the 2006 Act.
The High Court will have to examine the relevant legislation, regulations and administrative directions before deciding whether the challenged measures are legally valid.
Dispute Over Inspections of Centrally Licensed Businesses
One of the main points of contention is an FSSAI directive dated May 12, 2023. Maharashtra says the directive restricted state food safety officers from inspecting or taking enforcement action against establishments that hold central food business licences.
According to the petition, the restriction limits the ability of state officers to monitor compliance at food businesses operating within their jurisdiction. The state argues that this interferes with its responsibilities under the existing food safety framework.
Maharashtra has asked the court to stay the operation of the directive while the legal challenge is considered. It is seeking judicial intervention to clarify the respective roles of central and state authorities in food safety inspections and enforcement.
The dispute does not mean that food safety rules themselves have been suspended. The case concerns the legality and allocation of regulatory powers, including which authorities can conduct inspections and take action against businesses holding central licences.
Food Licensing Portal Also Questioned
The state has also raised concerns about the Food Safety Compliance System, known as FoSCoS. The online platform is used for food business licensing and registration.
Maharashtra alleges that the system has been used to bring more businesses under central licensing arrangements, reducing the role of state-designated authorities. The government argues that access to licensing records is important for state officials who are responsible for monitoring food safety compliance on the ground.
As part of its petition, Maharashtra has requested that licensing databases be transferred back to the relevant state-designated officers. The request forms part of the broader effort to restore what the state describes as the decentralised system contemplated by the 2006 legislation.
The court's consideration of this issue may help clarify how digital licensing systems should operate alongside the responsibilities of state food safety departments. However, the state's allegations about the purpose and effect of the portal remain arguments to be examined through the legal process.
Licensing Threshold Changes Also Challenged
Maharashtra has additionally challenged notifications issued on March 10 and March 13 that revised turnover thresholds for food business licensing. The state alleges that the changes were introduced without first inviting public objections and claims that this procedure violated Section 23 of the General Clauses Act.
The issue adds another dimension to the case because licensing thresholds can determine the category of licence required by a food business and which authority administers the licensing process.
The state is asking the High Court to assess the validity of the disputed notifications along with the other regulations and directions identified in the petition. The legal outcome could clarify the limits of regulatory authority and the procedures that must be followed when licensing rules are changed.
Relief Sought From the High Court
Maharashtra has requested several forms of relief. These include striking down the challenged regulations and amendments, granting a stay on the May 2023 directive restricting state officers' inspections of centrally licensed establishments, and directing the transfer of licensing records to the appropriate state-designated authorities.
The petition places the interpretation of the Food Safety and Standards Act, 2006, at the centre of the dispute. The court will need to consider the statutory responsibilities of state officials alongside the powers exercised by FSSAI and the Union government.
The matter came before a division bench comprising Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna. According to reports published on October 23 and 24, 2026, the next hearing is scheduled for November 26, 2026.
Why the Case Matters
Food safety regulation affects restaurants, manufacturers, retailers, distributors and other businesses involved in the food supply chain. Clear rules on licensing, inspections and enforcement are important for businesses as well as consumers.
The case also raises a wider question about the division of responsibilities between the Union government and state authorities. Maharashtra argues that the central framework has weakened powers assigned to state officials under the law. The final legal position will depend on the court's interpretation of the relevant provisions and regulations.
For now, the petition represents Maharashtra's challenge to the current regulatory arrangements, not a court ruling that FSSAI has acted unlawfully. The Bombay High Court's proceedings will determine how the disputed provisions should be treated under the law.
