Maharashtra Food Safety Crackdown Faces Legal Backlash and Industry Opposition

The Maharashtra Food and Drug Administration (FDA) is facing mounting legal scrutiny and industry opposition over its statewide food safety campaign, which has triggered a wave of restaurant closures…

The Maharashtra Food and Drug Administration (FDA) is facing mounting legal scrutiny and industry opposition over its statewide food safety campaign, which has triggered a wave of restaurant closures and license suspensions across the state. Recent proceedings in the Bombay High Court have raised serious questions about the consistency of enforcement and whether government-run facilities are being held to the same standards as private businesses — a debate that carries direct implications for hospitality operators and food businesses across India.

Court Questions Enforcement Criteria

On July 31, the Bombay High Court challenged the FDA over its criteria for penalising food establishments. A bench comprising Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad questioned why some eateries received improvement notices while others faced immediate license suspensions.

The court specifically scrutinised a 98% cleanliness rating the FDA had given to the Mantralaya (state secretariat) canteen, ordering four lawyers to conduct an independent inspection of the facility. The intervention followed a decision on July 30 to set aside the license suspension of the Park Inn by Radisson in Navi Mumbai — a hotel the FDA had shut down after finding two insects, despite its 95% compliance rate.

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The court emphasised the need for a realistic and proportional approach to enforcement and demanded that the FDA provide photographic and video evidence of its inspections to ensure uniformity in its actions.

Hospitality Bodies Demand Due Process

Prominent industry organisations — including the Hotel and Restaurant Association of Western India (HRAWI), the National Restaurant Association of India (NRAI) and AHAR — have voiced support for food safety while challenging the FDA's methods. In statements issued on July 30 and 31, the groups urged the regulator to follow Section 32 of the Food Safety and Standards (FSS) Act, which requires improvement notices to be issued before licenses are suspended or cancelled.

Industry representatives also objected to the practice of naming establishments and sharing inspection footage publicly before legal proceedings are finalised. They argued that such "name and shame" tactics cause irreparable reputational damage and job losses based on provisional findings that businesses could otherwise rectify.

Statewide Crackdown Intensifies

Since taking office in late May, FDA Commissioner Tukaram Munde has stepped up raids and sample testing across Maharashtra. The drive has produced a string of actions:

• License suspensions: Authorities suspended licenses for Poornima Restaurant, Rustom Ice Cream Parlour and the BMC canteen. Parsi Dairy Farm, which had its license suspended previously, was permitted to resume operations on July 29.
• Pune seizures: On July 31, the Pune FDA suspended the licenses of kulfi manufacturer Sanchita Foods and Hotel Laxman, seizing approximately 47.85 kilograms of malai kulfi valued at more than ?19,000.
• Government canteens: Following court directions to inspect government-affiliated eateries, the Bombay Bar Association voluntarily suspended its canteen services on July 30 after an inspection revealed the operator lacked a valid FSSAI license.

The crackdown has also met with internal resistance. Late in July, 27 FDA officials in Chhatrapati Sambhajinagar reportedly filed a complaint with state leadership regarding Commissioner Munde's management and working style.

Balancing Public Health and Fair Enforcement

While the FDA maintains that its actions are necessary to protect public health, the Bombay High Court has stressed that the regulator must remain fair, impartial and uniform — ensuring that public-sector canteens are held to the same standards as private restaurants. For UK-based businesses with operations in India, the case is a reminder that food safety enforcement can carry significant commercial consequences, and that regulatory consistency remains a live issue in the country's hospitality sector.

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