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Maharashtra vs FSSAI - The Federal Dispute over Food-Safety Enforcement
Oct. 25, 2026

Why in News?

  • The Maharashtra Government has approached the Bombay High Court against the Union Health Ministry and the Food Safety and Standards Authority of India (FSSAI).
  • The State government alleges that the central regulator has created a parallel food-safety enforcement mechanism that encroaches upon the statutory powers of State authorities.
  • The petition, filed through Maharashtra’s Food Safety Commissioner Tukaram Mundhe, challenges the manner in which centrally licensed food businesses are regulated and inspected.

What’s in Today’s Article?

  • Core Issue - Centralisation vs Decentralisation
  • Major Point of Contention
  • Licensing Thresholds and FoSCoS
  • FSSAI and its Role
  • FSSAI–State Relationship and Relief Sought by State
  • Significance for Governance and Federalism

Core Issue - Centralisation vs Decentralisation:

  • The dispute centres on the interpretation and implementation of the Food Safety and Standards Act (FSS Act), 2006.
  • Maharashtra argues that the legislation was intended to decentralise food-safety administration, with implementation primarily involving -
    • State Commissioners of Food Safety;
    • Designated Officers and Food Safety Officers;
    • Food Analysts; and
    • Panchayati Raj Institutions and Urban Local Bodies.
  • According to the State, subsequent orders and regulations have gradually shifted enforcement towards FSSAI and its central officials, weakening the role of State authorities.

Major Point of Contention:

  • Maharashtra alleges that the FSSAI order (dated May 12, 2023) restricted State Food Safety Commissioners and their officers from independently enforcing the FSS Act in establishments holding a Central Licence.
  • The State claims that FSSAI subsequently created or deployed positions such as Central Licensing Authorities, Central Food Safety Officers and Central Food Analysts, thereby establishing a parallel enforcement structure.
  • The petition argues that such arrangements effectively “usurp” the powers of State Commissioners of Food Safety.
  • However, FSSAI's own enforcement framework recognises both central and state structures.
  • Therefore, the precise division of enforcement jurisdiction is a key legal issue before the Court.

Licensing Thresholds and FoSCoS:

  • Maharashtra has also challenged FSSAI's revision of the turnover thresholds determining whether a food business requires a State Licence or a Central Licence.
  • Under the Food Safety and Standards (Licensing and Registration of Food Businesses) Amendment Regulations, 2026, the revised thresholds are -
    • Registration: Turnover up to ₹1.5 crore
    • State licence: Above ₹1.5 crore and up to ₹50 crore
    • Central licence: Above ₹50 crore
  • These revised thresholds became applicable from April 1, 2026 for new applications, with migration arrangements for existing businesses.
  • FSSAI states that the amendments did not change the jurisdiction of licensing authorities.
  • Maharashtra, however, alleges that the changes were introduced without adequate prior public consultation and has challenged the relevant regulatory provisions.
  • The State has also questioned the mandatory use of the Food Safety Compliance System (FoSCoS).
  • It argued that centralised digital licensing and databases could weaken the ability of State authorities to independently monitor and inspect food businesses.

FSSAI and its Role:

  • The FSSAI is India's apex statutory food-safety regulator established under the FSS Act, 2006.
  • Key functions of FSSAI:
    • Lays down science-based standards for food articles.
    • Regulates the manufacture, storage, distribution, sale and import of food.
    • Provides a unified legal framework for food safety by replacing multiple earlier food-related laws.
    • Regulates licensing and registration of Food Business Operators (FBOs).
    • Coordinates food-safety enforcement with State and Union Territory authorities.
    • Prescribes standards for food testing and facilitates a network of food laboratories.
    • Undertakes risk assessment, surveillance and food-safety monitoring.
    • Regulates imported food articles at ports of entry.
    • Promotes food-safety awareness and capacity building.
  • Every FBO is required to obtain the applicable FSSAI registration or licence under Section 31 of the FSS Act.

FSSAI-State Relationship and Relief Sought by State:

  • Enforcement structure:
    • The FSS Act envisages that State enforcement is carried out through the Commissioner of Food Safety, Designated Officers, Food Safety Officers, Food Analysts and local bodies.
    • FSSAI exercises its statutory functions at the national level.
    • Thus, the present dispute is essentially about where the line between central standard-setting/licensing and State-level enforcement should be drawn.
  • Maharashtra's main grievances: The State has argued that -
    • FSSAI has progressively centralised food-safety enforcement.
    • State officers have been restricted from inspecting centrally licensed establishments.
    • Creation of central enforcement posts allegedly goes beyond the statutory framework.
    • Revised licensing thresholds were allegedly introduced without adequate public consultation.
    • FoSCoS may result in excessive central control over food-business databases and licensing.
  • Relief sought: Maharashtra has sought -
    • Quashing of the challenged provisions of the 2011 Licensing and Registration Regulations, 2018 Recruitment Regulations and 2026 Amendment Regulations;
    • An interim stay on the May 2023 order;
    • Restoration of State authorities' inspection powers over centrally licensed businesses; and
    • Transfer of relevant FoSCoS database records back to State authorities.

Conclusion:

  • The case raises broader questions of cooperative federalism, administrative decentralisation and regulatory federalism.
  • Food safety requires uniform national standards because food supply chains frequently cross State boundaries.
  • At the same time, enforcement often depends on local knowledge, field inspections and State administrative machinery. The challenge, therefore, is to maintain a balance.

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