Court Rules FSSAI Overstepped Authority by Attempting to Regulate Animal Feed Under Human Food Safety Act
In a significant legal development, the Delhi High Court has ruled against the Food Safety and Standards Authority of India (FSSAI) in a case brought by Godrej Agrovet Ltd. The court found that FSSAI exceeded its statutory authority by attempting to regulate cattle feed under the Food Safety and Standards Act, 2006, which is specifically intended to ensure the safety of food for human consumption.
The bench, composed of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia, examined the validity of Note (c) appended to Regulation 2.5.2 of the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011, amended by the 2021 regulations. This note mandated that commercial cattle feed must comply with Bureau of Indian Standards (BIS) standards and carry a BIS certification mark.
The court found that the Food Safety and Standards Act, 2006, is designed to regulate food intended for human consumption only and does not extend to animal feed. The judges emphasized that FSSAI's regulation-making powers do not cover cattle feed, making the directive ultra vires, or beyond the powers granted by the Act. The court also noted that the BIS standards are voluntary unless made mandatory by the Central Government, which had not issued any such notification regarding cattle feed.
The judgment underscores the principle that delegated legislation must conform to the parent statute and cannot exceed its scope. The court also invalidated several directives issued by FSSAI in 2019, 2020, and 2021 concerning mandatory BIS certification for cattle feed, reinforcing that such mandates can only be enacted through proper legislative channels.
This decision highlights the limitations of regulatory bodies in extending their authority beyond the legislative framework established by Parliament. The ruling is expected to have significant implications for the regulation of cattle feed and the scope of powers exercised by statutory authorities like FSSAI.
Bottom Line:
Food Safety and Standards Authority of India cannot regulate cattle feed under the Food Safety and Standards Act, 2006, as the Act pertains to food intended for human consumption, and the regulation of cattle feed exceeds its statutory authority.
Statutory provision(s): Food Safety and Standards Act, 2006 Sections 3(1)(j), 16, 92; Bureau of Indian Standards Act, 2016 Sections 16(1)(b), 25; Constitution of India, Seventh Schedule, List II Entry 15
