Maharashtra FDA Files Bombay HC Plea Against FSSAI Licensing Rules

State alleges creation of illegal parallel system

Maharashtra officials argue the 2006 Food Safety and Standards Act was designed to decentralize food safety enforcement, making state commissioners responsible for the law. The state claims the FSSAI created an "illegal parallel system" by appointing "Central Food Safety Officers". This action effectively stripped state commissioners of their licensing and enforcement rights under the 2006 legislation.

Dispute over FoSCoS and inspection bans

The petition challenges a May 2023 order that centralized licensing and prohibited state officials from inspecting centrally licensed companies. These businesses are managed through the Food Safety Compliance System, or FoSCoS, an online portal. FoSCoS is an enhanced version of the Food Licensing and Registration System launched in 2012 to issue FSSAI licenses and registrations across India.

Maharashtra challenged a March 2026 notification that increased turnover limits without public consultation. The state government demands the scrapping of "unconstitutional rules," a stay on the inspection ban, and the return of the licensing database to state control.

Calcutta High Court clarifies FSSAI sampling jurisdiction

The Calcutta High Court has clarified that Customs authorities maintain independent powers to sample imported food articles, effectively limiting the scope of the Food Safety and Standards Authority of India. A Division Bench comprising Justice Rajarshi Bharadwaj and Justice Sudip Deb set aside a previous order that had designated FSSAI-authorised officers as the sole authority for such procedures.

The legal dispute arose from a consignment of 84.48 metric tonnes of areca nuts imported by M/s Credence International from Indonesia, valued at ₹1,12,21,197. The Directorate of Revenue Intelligence Kolkata issued an alert in September 2025, suspecting the goods were misdeclared as roasted areca nuts to avoid minimum import price conditions.

This alert prevented the consignment from being routed to the Food Import Clearance System on the electronic portal ICEGATE. Following tests by the National Food Laboratory in Kolkata and the Central Revenues Control Laboratory in New Delhi, the goods were declared unfit for human consumption due to mould, insect infestation, and excessive aflatoxin content.

A Single Judge had initially declared the Customs sampling illegal in July 2026, quashing the laboratory reports and ordering fresh sampling by FSSAI officials. The Division Bench reversed this, holding that DRI officers are designated proper officers under Section 2(34) of the Customs Act and are empowered to sample goods for tariff classification, valuation, and fraud investigation.

The Court ruled that the exclusive jurisdiction of the food regulator over import clearance applies only after a bill of entry is transmitted to the food clearance system. When an intelligence-driven alert prevents this routing, Customs authorities retain their statutory powers under Section 144 of the Customs Act, 1962.

The Bench vacated previous judicial directions for compulsory fresh sampling, videography, and waivers of demurrage, noting these orders exceeded the original prayers and interfered with administrative procedures. The Court ruled that procedural disputes regarding laboratory methodology or chain of custody must be addressed during show-cause notice proceedings under Sections 122 and 124 of the Customs Act, rather than through premature judicial review. The Customs authorities must now proceed with the show-cause adjudication in accordance with the law, with Kaushik Dey, Tapan Bhanja, and Debjani Halder representing the Directorate of Revenue Intelligence.

Bombay High Court schedules hearing

The Bombay High Court has scheduled a hearing for the Maharashtra government's petition for November 26. A bench comprising Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna will preside over the matter.

FDA enforcement drive precedes legal challenge

This legal action follows a recent statewide campaign conducted by the Maharashtra Food and Drug Administration. The regulatory drive targeted eateries and other establishments that allegedly violate food safety norms.