The Supreme Court has sought responses from the Centre, the Food Safety and Standards Authority of India (FSSAI) and the Comptroller and Auditor General (CAG) on the need for a nationwide audit of the implementation of food safety regulations, highlighting concerns over enforcement failures and public health risks.
A bench comprising Justices Vikram Nath and Sandeep Mehta issued notices to the Ministry of Health and Family Welfare, the Ministry of Consumer Affairs, Food and Public Distribution, and other authorities while hearing a public interest litigation (PIL) that questions the effectiveness of the country’s food safety framework.
The court’s intervention comes amid growing concerns over food adulteration, misleading labeling, unsafe packaging practices and weak enforcement of food safety standards across the country. The petition seeks greater accountability in the implementation of the Food Safety and Standards Act, 2006, and calls for a comprehensive review of the existing regulatory system.
Filed by public health advocate Aniruddha Narayan Malpani, the PIL alleges several shortcomings in the current framework, including inadequate penalties for violations, shortages of food safety officers, insufficient laboratory infrastructure, delays in adjudication of cases, poor recovery of penalties and irregularities in licensing and registration procedures.
The petitioner argued that existing penalties are often too low to act as an effective deterrent, particularly for large food businesses. The plea urged the court to consider linking penalties to a company’s turnover, ensuring that punishments are proportionate to the scale of operations and the severity of violations.
The PIL also seeks the creation of a dedicated digital platform through which citizens can report food safety violations, making it easier for consumers to raise concerns and enabling authorities to respond more efficiently.
The court’s observations gain significance at a time when food safety has come under increased public scrutiny, with several recent complaints involving food contamination, misleading product claims and poor hygiene practices attracting widespread attention.
The petition relies in part on findings from a 2017 CAG report, which identified multiple weaknesses in the implementation of food safety regulations. These included shortages of food safety personnel, non-functional laboratories, incomplete testing of food samples, delays in legal proceedings and inadequate enforcement mechanisms.
By seeking explanations from the concerned authorities, the Supreme Court has signaled its concern over whether the current regulatory framework is adequately protecting consumers. The responses from the Centre, FSSAI and CAG are expected to determine whether a nationwide performance audit of food safety implementation will be undertaken.
The case is likely to have far-reaching implications for India’s food safety regime, potentially leading to stricter oversight, stronger enforcement measures and greater transparency in the regulation of the food industry.