Key Update

The Delhi High Court has ruled that the Food Safety and Standards Authority of India (FSSAI) does not have the authority to regulate food meant for animal consumption. The court clarified that the regulator’s mandate applies only to food intended for human consumption. A division bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia delivered the ruling while setting aside an FSSAI requirement that prohibited the use of meat or bone meal in feed given to milk- and meat-producing animals, except poultry, pigs and fish.

Court clarifies FSSAI’s jurisdiction

The bench examined the scope of the Food Safety and Standards Act and observed that the law focuses on food meant for humans. Since the definition clause does not specifically include animal feed or cattle feed, the court held that the powers and duties assigned to FSSAI apply only to food for human consumption. The judges stated that, in the absence of a clear provision covering substances used as animal feed, the authority cannot extend its regulatory functions to such products.

Regulation on meat and bone meal challenged

The case arose from a petition challenging Note (c) appended to Regulation 2.5.2 of the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011. Under this provision, animals raised for milk or meat—except poultry, pigs and fish—were not allowed to be fed products containing meat or bone meal. The restriction also covered ingredients such as internal organs, blood meal and tissues derived from cows or pigs. The petitioner argued that FSSAI had exceeded its powers by regulating animal feed under these provisions.

Court rejects mandatory BIS certification

During the hearing, FSSAI defended the regulation by stating that the Act empowers it to protect food safety and public health. The authority also referred to concerns raised by the Department of Animal Husbandry regarding possible food safety risks, particularly those linked to dairy imports. However, the court rejected FSSAI’s position and ruled that the authority cannot mandate certification under the Bureau of Indian Standards (BIS) for animal feed. The bench clarified that only the central government or the statutory body established under the BIS Act can make such standards mandatory.

Earlier directions set aside

Following this interpretation, the court struck down FSSAI directions issued between 2019 and 2021 that required BIS certification for commercial animal feed. The ruling underscores the limits of FSSAI’s regulatory authority and reiterates that its mandate remains confined to ensuring the safety of food meant for human consumption.

Source: The New Indian Express