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Maha Gov Moves HC Against FSSAI Rules, Seeks Restoration of State Powers

Mumbai, October 23 (UNI) The Maharashtra government has moved the Bombay High Court against a set of food safety regulations and directives issued by the union Government and the Food Safety and Standards Authority of India (FSSAI), maintaining that they encroach upon the statutory powers of state authorities.
The petition, filed through the State Commissioner of Food Safety, contends that the regulatory framework introduced by FSSAI has created a parallel administrative structure for licensing and enforcement in the food sector, undermining the role assigned to state authorities under the Food Safety and Standards Act, 2006.
According to the state government, the legislation envisages a system in which state-designated officials play a central role in implementing food safety measures and monitoring compliance. But subsequent regulatory changes and the creation of additional posts have progressively curtailed the authority of state officials, it submitted.
Seeking judicial intervention, Maharashtra has urged the High Court to strike down the provisions and regulations it has challenged on constitutional grounds.
The state has also sought an interim stay on a directive issued in May 2023 that bars state food safety officers from inspecting food businesses holding central licences.
Another key relief sought by the government is the transfer of food business licensing databases maintained by FSSAI to the respective state-designated officers.
The state has argued that restoring access and control over these records is necessary to ensure that licensing and enforcement functions are carried out in accordance with the statutory framework.
The dispute raises questions about the respective roles of the Centre and States in administering food safety laws, particularly concerning the licensing of food establishments and the authority to conduct inspections.
The petition is listed for hearing on November 26 before a division bench comprising Chief Justice Mahesh C Tripathi and Justice Advait Sethna.
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