The Madras high court has stayed the operation of the newly prescribed regulations of the Food Safety and Standards Authority (FSSAI) pertaining to licensing and registration of food business on Thursday.
Vacation judge K. Venkataraman granted the stay, while passing interim orders on writ petitions filed by the Tamil Nadu Hotels Association in Egmore and others.
The regulations among other things, defined petty food manufacturer by prescribing an annual turnover and imposed certain other restrictions and the petitioners contended the new regulations were impracticable.
Advocate G. Sankaran, appearing for them said when section 31(2) of the FSSAI’s licensing and registration of food business act of 2011 defined petty manufacturer only with reference to the nature and scale of business, the regulation could not put restrictions in the name of annual turnover.
“Therefore, the regulation was inconsistent with the provisions of the main Act 34 of 2006.
The judge said since an interim stay had already been granted by the Madurai bench of the Madras high court, there should be an order of interim stay on these petitions too.
On admission of the petitions, the judge ordered notice to the Union ministry of health and family welfare and the commissioner of food safety of Tamil Nadu, returnable in three weeks.
The petitioners prayed that the court declare as unconstitutional, unreasonable and arbitrary, the provisions and the regulations framed by the FSSAI under Sec.
92 of Article 34 of 2006 in 2001 with regard to licensing and registration of food business and food additives.