Licensing Power Tussle: Maharashtra Takes FSSAI to Bombay High Court Over Food Safety Inspections

The Maharashtra government has moved the Bombay High Court against the Food Safety and Standards Authority of India (FSSAI), challenging the central food regulator's authority to directly issue licenses and oversee inspections in the state. The legal battle highlights a growing jurisdictional conflict between state food safety administrations and the central body over who holds the primary mandate to enforce food safety standards on the ground.

In its petition filed before the Bombay High Court, the Maharashtra Food and Drug Administration (FDA) argued that centralising licensing operations undermines state-level oversight and hampers quick local action against non-compliant food business operators. The state government is seeking a restoration of its inspection and enforcement powers, asserting that local field officers are far better equipped to monitor food quality, conduct surprise checks, and respond to public health emergencies within Maharashtra.

State FDA Cites Operational Bottlenecks and Local Nuances

The dispute centres around recent structural shifts and directives by the FSSAI that brought certain categories of large-scale food manufacturing, processing, and distribution units under direct central licensing. Maharashtra state officials contend that this dual-system setup creates administrative confusion, delays inspections, and dilutes enforcement capabilities.

Key arguments presented in the state's legal challenge include:

• Jurisdictional Overreach: The state claims that FSSAI's direct licensing protocol infringes upon state-level administrative autonomy in regulating local food chains.
• Delayed Interventions: State authorities argue that requiring central clearance or coordination for routine inspections slows down immediate enforcement actions against unsafe food premises.
• Resource Optimisation: The Maharashtra FDA maintains that its extensive network of ground inspectors is essential for effective day-to-day enforcement across urban and rural markets.

High Court Notice and Federal Implications

The Bombay High Court bench hearing the petition has issued notices to the FSSAI and the Union Ministry of Health and Family Welfare, seeking their formal response to the state’s contentions.

Legal experts point out that the outcome of this case could set a significant precedent for federal-state administrative dynamics across India, potentially prompting other state governments to re-examine their own regulatory boundaries with central statutory bodies.