Maharashtra Challenges FSSAI in Bombay High Court: FoSCoS Powers and State Inspections at Stake

October 29, 2026
3 mins read
Bombay High Court - Maidan - Mumbai - Maharashtra - India (25805018874).jpg
Bombay High Court - Maidan - Mumbai - Maharashtra - India (25805018874).jpg. [Photo: Wikimedia Commons / CC BY-SA 2.0]

The Maharashtra government has approached the Bombay High Court against the Food Safety and Standards Authority of India (FSSAI) over the state’s food-safety enforcement arrangements. The dispute concerns FSSAI’s Food Safety Compliance System, or FoSCoS, and central licensing arrangements.

Maharashtra alleges that FSSAI exceeded its powers by creating central licensing authorities and central food safety officers through a May 2023 notification. The state argues that those roles were not authorised by the Food Safety and Standards Act, 2006.

These are allegations in the state’s petition. The court has not ruled on them.

The petition challenges the May 2023 order and seeks relief relating to the FoSCoS licensing arrangements. Maharashtra wants the court to declare the central posts ultra vires—beyond legal authority—and to grant relief concerning the licensing database and state designated officers.

For food business operators and consumers, the case concerns who holds licensing and inspection authority over particular food businesses. The outcome will depend on the court’s interpretation of the 2006 Act, the 2023 notification and the powers given to central and state officers.

The Dispute Over Inspection Powers

Maharashtra alleges that the FoSCoS structure creates practical problems for state food-safety enforcement. The state says businesses holding central licences can be treated as falling outside the normal reach of state FDA inspection and enforcement.

The state also alleges that the 2023 arrangements restrict state officers’ ability to act against centrally licensed units. The precise scope of that restriction, and whether it affects inspections, prosecutions or both, needs to be checked against the text of the notification and the petition.

The Maharashtra govt vs FSSAI Bombay High Court case is therefore a dispute over administrative jurisdiction, not a confirmed finding that FSSAI acted unlawfully. FSSAI’s FoSCoS portal is designed as a central digital system for food licensing and compliance.

The hearing is listed for November 26, 2026. Any interim order would need to be read on its own terms; it cannot be assumed in advance to restore every state enforcement power described in the petition.

Why did Maharashtra move Bombay High Court against FSSAI?

Maharashtra alleges in its Bombay High Court petition that FSSAI exceeded its powers by creating central licensing authorities and central food safety officers under a May 2023 notification. The state says the FoSCoS-related arrangements restrict state food-safety enforcement. The allegations have not been judicially decided; the hearing is listed for November 26, 2026.

Related Karmactive coverage: Maharashtra FDA enforcement coverage and FSSAI adulteration standards coverage.

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Govind Tekale

Embarking on a new journey post-retirement, Govind, once a dedicated teacher, has transformed his enduring passion for current affairs and general knowledge into a conduit for expression through writing. His historical love affair with reading, which borders on addiction, has evolved into a medium to articulate his thoughts and disseminate vital information. Govind pens down his insights on a myriad of crucial topics, including the environment, wildlife, energy, sustainability, and health, weaving through every aspect that is quintessential for both our existence and that of our planet. His writings not only mirror his profound understanding and curiosity but also serve as a valuable resource, offering a deep dive into issues that are critical to our collective future and well-being.

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