Why in the News?

The Uttar Pradesh government has mandated that all food establishments display the names and addresses of their owners and employees. In July, the Supreme Court put a hold on similar orders issued by the governments of Uttar Pradesh and Uttarakhand.

What are the regulations for selling food in India? 

• Licensing and Registration: All food businesses must register with the Food Safety and Standards Authority of India (FSSAI) or obtain a license, depending on their scale of operation. Small-scale vendors are classified as “Petty Food Manufacturers” and must register under specific rules.
• Display Requirements: Food business operators are required to prominently display their FSSAI registration certificate or license, including a photo ID, at their premises or vehicles to inform customers about the legitimacy of the food business.
• Compliance and Penalties: Non-compliance with the Food Safety and Standards Act (FSSA) can lead to penalties, including fines up to Rs 5 lakh and imprisonment for up to six months. Violators may also receive an Improvement Notice, which could result in license suspension or cancellation if not addressed.

What powers do states have to make laws in this regard?

• Authority to Make Rules:
  • Under Section 94(1) of the FSSA, state governments can make rules for food safety after obtaining prior approval from the FSSAI.
  • Section 94(2) specifies areas where states can legislate, such as additional functions of the Commissioner of Food Safety and other matters requiring state-level rules.
• Implementation: The Commissioner of Food Safety, appointed by the state government, is responsible for ensuring the efficient implementation of food safety regulations.
• Legislative Approval: Any rules made by the state government must be presented before the state legislature for approval (Section 94(3)).

Can a state government’s directives under FSSA be challenged in court?

• Grounds for Challenge: Previous orders from UP and Uttarakhand were contested on grounds that they discriminated against individuals based on religion or caste, violating constitutional rights under Articles 15(1) and 19(1)(g).
• Judicial Precedent: In July 2023, the Supreme Court ruled that only competent authorities under the FSSA could issue such directives, limiting police powers in this context

Way forward: 

• Strengthening Regulatory Framework: There is a need to enhance the regulatory framework by clarifying the roles and responsibilities of state governments and the FSSAI.
• Engaging Stakeholders and Public Awareness: The government should engage with food business operators, consumers, and public health experts to foster better understanding and compliance with food safety regulations.

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