The Aurangabad bench of the Bombay High Court has issued an interim stay on the Food and Drug Administration’s (FDA) order suspending the licenses of several milk suppliers and vendors. The court’s decision came after it found that the FDA had not followed the proper legal procedure before taking such stringent action.
Court Questions FDA’s ‘Drastic Action’ Without Hearing
Justice S C Chapalgaonkar, presiding over the bench, referred to the FDA’s suspension of licenses as a ‘drastic action.’ The court emphasized that there appeared to be no emergency that warranted such a step without first granting the affected parties a hearing. Separate petitions filed by milk vendors and suppliers against the FDA’s actions on food safety violations were being heard by the court. Justice Chapalgaonkar noted that licenses were suspended without issuing an improvement notice and without providing the petitioners an opportunity to present their case or address the stated deficiencies.
The High Court stated that the FDA’s order was made “dehors (outside the scope of) the requisite procedure under Section 32 of Food Safety and Standards, 2006.” The judge further observed that the deficiencies identified during inspections did not seem to be of a serious nature that would necessitate the closure of milk processing units or the abrupt suspension of licenses. The court concluded that there were no exigent circumstances that justified such immediate and severe action without prior notice or a chance for the petitioners to be heard.
Consequently, the High Court stayed the effect and implementation of the FDA’s orders pending the full hearing of the pleas. The government’s lawyer argued that the designated officer possessed the power to suspend licenses without prior notice, but the court appeared unconvinced by this argument.
Background of FDA’s Enforcement Drive
Earlier in the month, the FDA, under the leadership of Food Safety Commissioner Tukaram Mundhe, had issued license suspension orders against milk vendors and suppliers. These actions followed inspections that reportedly revealed repeated instances of adulteration, the production of synthetic milk, and other violations of food safety regulations. Representatives for the milk collection centers argued that the FDA’s cited deficiencies, such as broken tiles and open drainage lines, were trivial and that their clients were otherwise compliant with food safety norms.
The FDA’s enforcement drive across Maharashtra has led to significant actions, including the suspension of licenses for multiple dairy farms and the seizure of adulterated products. In one instance, the Parsi Dairy Farm in Mumbai had its FSSAI license suspended due to alleged hygiene violations, including mould on walls, fly infestation, and inadequate labeling. This broader crackdown also involved the seizure of large quantities of milk, suspected fake paneer, and banned gutkha across the state. The FDA had stated that these measures were necessary to ensure food safety and combat adulteration.
Legal Procedures and Due Process
The core of the High Court’s intervention lies in the principle of due process. The court highlighted that the Food Safety and Standards Act mandates a specific procedure, which includes issuing improvement notices and providing an opportunity for a hearing before taking punitive actions such as license suspension. The affected vendors and suppliers contended that these procedural safeguards were bypassed by the FDA. They argued that the identified deficiencies were minor and that the law required a grace period for rectification before any suspension could be enforced.
The High Court’s interim stay provides a temporary reprieve to the milk suppliers and vendors, emphasizing the importance of adhering to established legal procedures in regulatory enforcement. The case underscores the judicial scrutiny over administrative actions, particularly when they significantly impact businesses and livelihoods, stressing that even in matters of food safety, procedural fairness must be upheld.
The Chenab Times News Desk