Bombay High Court Questions FDA's Strict Actions Against Food Establishments

The Bombay High Court expressed its concerns on Wednesday regarding the stringent measures taken by the Maharashtra Food and Drug Administration (FDA) against food establishments. The court verbally emphasized that the regulator should adopt a "practical approach" while enforcing food safety regulations. However, it acknowledged the FDA's stance that public health concerns cannot be overlooked. These remarks were made during a hearing presided over by Acting Chief Justice Ravindra V. Ghuge, concerning a petition filed by the 'Park Inn by Radisson' hotel in Navi Mumbai. The hotel challenged the suspension of its food license following an unexpected inspection by the FDA earlier this month. This hotel is among nearly 100 food establishments in Maharashtra whose licenses have been suspended as part of the FDA's statewide enforcement initiative.

Mayur Khandekar, the lawyer representing the hotel, argued that the FDA suspended the license without providing adequate written justification and questioned the criteria for such actions. He stated, "Whether there is one cockroach or ten, that is not the issue. A license cannot be suspended solely based on a checklist." Khandekar contended that minor food safety violations should not automatically lead to a license suspension.

During the proceedings, the bench discussed the presence of pests in food establishments, with a light-hearted comment from Chief Justice Ghuge. He remarked, "Last week, right in front of me, there was a large insect on my table. So, what can we do... in India? I was just telling you about a fly, right? There is still a fly. We are in India. We want to take a practical step." This comment was made when a fly appeared in the courtroom. Addressing government lawyer Neha Bhide representing the FDA, the bench insisted on a realistic approach. However, Bhide maintained that the regulator cannot adopt a lenient stance as the matter directly pertains to public health and food safety.

The bench also questioned whether the FDA was conducting surprise inspections at government institutions and inquired if the Bombay High Court's canteen had been inspected. Bhide informed the court that the Brihanmumbai Municipal Corporation (BMC) canteen's license had been suspended, and last year, a raid on the ministry's canteen also resulted in its license being suspended. The court directed that the inspection of the High Court's canteen be conducted by Thursday, with a report to be submitted by Friday.