Maharashtra Challenges Central Food Safety Regulations in High Court

The Government of Maharashtra has filed a writ petition in the Bombay High Court challenging the constitutional validity of several central food safety regulations and orders. The state alleges that the Food Safety and Standards Authority of India (FSSAI) and the Union Health Ministry established an unconstitutional parallel enforcement regime that usurps state powers.

Specifically, the petition contests the creation of roles such as Central Food Safety Officer and Central Licensing Authority, which the state claims are foreign to the Food Safety and Standards Act of 2006. Maharashtra further challenges a May 12, 2023, directive that restricts state officers from inspecting food businesses with central licenses, including large-scale operations and quick-commerce dark stores. The state also disputes the use of the Food Safety Compliance System portal to reclassify local businesses under central jurisdiction.

Filed by State Food Safety Commissioner Tukaram Mundhe, the petition seeks to strike down these regulations and recover state licensing databases. FSSAI Chief Executive Rajit Punhani stated that the authority is working to make quick-commerce platforms more accountable. A division bench consisting of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna has scheduled the hearing for November 26, 2026.