The Bombay High Court on Wednesday urged the Maharashtra Food and Drug Administration (FDA) to adopt a “realistic” approach while enforcing food safety regulations, observing that action against restaurants and canteens should target genuine violations rather than minor lapses such as the presence of an insect.
Hearing a petition filed by the Park Inn by Radisson hotel in Navi Mumbai, the court questioned the suspension of the hotel’s Food Safety and Standards Authority of India (FSSAI) licence following a surprise FDA inspection on July 3.
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A Bench of Acting Chief Justice Ravindra V. Ghuge and Justice Gautam A. Ankhad remarked that authorities must distinguish between serious hygiene concerns and isolated incidents. In a lighter vein, the Acting Chief Justice noted that even during court proceedings a fly had landed on his table, adding that such occurrences alone should not invite harsh regulatory action.
The Bench observed that the FDA should first issue an improvement notice and provide establishments with an opportunity to rectify deficiencies before suspending licences. “You have to give the improvement notice and if the petitioner doesn’t comply, you can suspend the licence. You did exactly the opposite,” the court observed.
Representing the hotel, advocate Mayur Khandeparkar argued that while the FDA’s statewide inspection drive was welcome, enforcement must strictly follow legal procedure. He submitted that a licence could not be suspended solely on the basis of a checklist or isolated findings.
The state, however, defended its action, with government pleader Neha Bhide stating that the crackdown was being carried out uniformly across Maharashtra. She informed the court that canteens operated by the Brihanmumbai Municipal Corporation, KEM Hospital and the Cricket Club of India had also faced suspension orders.
The High Court directed the state to submit a report by July 31 detailing inspections conducted across Maharashtra, including those at government and semi-government canteens, before posting the matter for further hearing on Friday.on Wednesday urged the Maharashtra Food and Drug Administration (FDA) to adopt a “realistic” approach while enforcing food safety regulations, observing that action against restaurants and canteens should target genuine violations rather than minor lapses such as the presence of an insect.
Hearing a petition filed by the Park Inn by Radisson hotel in Navi Mumbai, the court questioned the suspension of the hotel’s Food Safety and Standards Authority of India (FSSAI) licence following a surprise FDA inspection on July 3.
A Bench of Acting Chief Justice Ravindra V. Ghuge and Justice Gautam A. Ankhad remarked that authorities must distinguish between serious hygiene concerns and isolated incidents. In a lighter vein, the Acting Chief Justice noted that even during court proceedings a fly had landed on his table, adding that such occurrences alone should not invite harsh regulatory action.
The Bench observed that the FDA should first issue an improvement notice and provide establishments with an opportunity to rectify deficiencies before suspending licences. “You have to give the improvement notice and if the petitioner doesn’t comply, you can suspend the licence. You did exactly the opposite,” the court observed.
Representing the hotel, advocate Mayur Khandeparkar argued that while the FDA’s statewide inspection drive was welcome, enforcement must strictly follow legal procedure. He submitted that a licence could not be suspended solely on the basis of a checklist or isolated findings.
The state, however, defended its action, with government pleader Neha Bhide stating that the crackdown was being carried out uniformly across Maharashtra. She informed the court that canteens operated by the Brihanmumbai Municipal Corporation, KEM Hospital and the Cricket Club of India had also faced suspension orders.
The High Court directed the state to submit a report by July 31 detailing inspections conducted across Maharashtra, including those at government and semi-government canteens, before posting the matter for further hearing on Friday.
