Court – Delhi High Court Limits FSSAI Role To Human Food Standards
Court – The Delhi High Court has clarified the scope of authority held by the Food Safety and Standards Authority of India (FSSAI), stating that its regulatory powers are confined strictly to food intended for human consumption.
Court Clarifies Limits of Food Authority Powers
In a significant ruling delivered on Tuesday, the Delhi High Court observed that FSSAI does not have the legal mandate to set standards for animal feed. The court emphasized that the existing law clearly defines the authority’s role as limited to ensuring the safety and quality of food consumed by people, not animals.
A Division Bench led by Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia examined the issue in detail. The judges pointed out that the legal framework governing FSSAI does not explicitly include animal feed within its definition of food. As a result, the agency’s powers cannot be extended beyond what is clearly stated in the statute.
Ban on Meat and Bone Meal Set Aside
The judgment came while the court was reviewing a specific provision that restricted the use of meat or bone meal in feed for animals raised for milk and meat production. This restriction applied to most livestock, except poultry, pigs, and fish.
The court decided to strike down this requirement, noting that such regulations fell outside the jurisdiction of FSSAI. The bench held that in the absence of any clear legislative inclusion of animal feed under its scope, the authority cannot impose such bans.
The ruling effectively removes the prohibition on using certain animal-derived materials in livestock feed, which had been a point of contention for stakeholders in the agriculture and dairy sectors.
FSSAI’s Argument on Public Health Concerns
During the proceedings, FSSAI defended its position by arguing that its broader responsibility to safeguard public health justified the regulation. The authority cited concerns raised by the Department of Animal Husbandry, particularly regarding possible risks associated with food products derived from animals, including dairy imports.
However, the court remained unconvinced. It noted that while public health is a critical concern, regulatory actions must still fall within the boundaries defined by law. Without explicit legislative backing, such measures cannot be enforced.
BIS Certification Requirement Also Quashed
Another key aspect of the ruling involved the requirement for animal feed manufacturers to comply with standards set by the Bureau of Indian Standards (BIS). FSSAI had previously directed that commercial animal feed must meet these standards.
The court ruled that making BIS certification mandatory is not within FSSAI’s authority. It clarified that such decisions can only be taken by the central government or the statutory body established under the BIS Act. Since no such directive existed, the requirement imposed by FSSAI was deemed invalid.
Consequently, the court set aside multiple directives issued between 2019 and 2021 that had enforced mandatory BIS compliance for animal feed producers.
Separate Case: MLA Challenges Conviction
In a related development before the same court, Congress MLA Rajendra Bharti has challenged his conviction in a case involving allegations of cheating and forgery linked to records of a rural bank.
Justice Swarana Kanta Sharma has issued notices to both the prosecution and the Election Commission, seeking their responses. The matter is scheduled for further hearing on April 15.
Broader Implications of the Verdict
Legal experts suggest that the ruling could have wider implications for regulatory bodies in India. It reinforces the principle that authorities must operate strictly within their defined legal limits.
For industries related to livestock and animal feed, the decision is expected to bring clarity and potentially ease compliance burdens. At the same time, it highlights the need for clearer legislation if broader regulation of animal feed is considered necessary in the future.