Mumbai: The State FDA has decided to withdraw its Bombay High Court petition against the Union Health Ministry and FSSAI, weeks after accusing the central agencies of running a parallel enforcement regime that encroached on state powers.A senior FDA (food) official said FSSAI CEO Rajit Punhani communicated with state officials for an out-of-court solution. “After discussion and an internal review, it was decided that the concerns can be resolved through discussions,” the official said.A letter asking for withdrawal has been sent by FDA to the state advocate general. While sources say this letter was sent after pressure from the Centre, FDA commissioner Tukaram Mundhe remained unavailable for a response.At the crux of the issue is FDA’s right to inspect every food business operator as per state laws, which empower it to be the enforcement authority with decentralised licensing powers. However, FDA had alleged that FSSAI created a parallel structure by passing a 2023 order under which businesses with a turnover of Rs 50 crore or more fell under the jurisdiction of the ‘Central Licensing Authority’.In its plea before the court, FDA even said that the newly created posts, such as ‘Central Food Safety Officer’ and ‘Central Licensing Authority’, were an unlawful overreach of the FSSAI CEO’s powers and sought a stay on the 2023 orders.The rules effectively mean that every time the state FDA wishes to inspect big food businesses such as three-star hotels, prior written permission from FSSAI is required, or the action needs to be carried out with the FSSAI officials present on the spot.Another official had earlier told TOI that the only exception to this rule was in the early days of Mundhe taking over, when food safety officials inspected Park Inn by Radisson in Navi Mumbai and suspended its food licence. The official had said this, too, was possible only after Mundhe’s permission, even though there was a complaint to move forward with.
