New Delhi, April 7: The Delhi High Court ruled on Tuesday that the Food Safety and Standards Authority of India (FSSAI) does not have jurisdiction to regulate animal or livestock feed. The court stated that such powers fall outside the scope of the Food Safety and Standards Act of 2006.
A division bench, led by Chief Justice Devendra Kumar Upadhyay and Justice Tejas Karia, approved a petition filed by Godrej Agrovet Limited and annulled the note (C) associated with Regulation 2.5.2 of the Food Safety and Standards (Food Products Standards and Food Additives) Regulations.
The court determined that the disputed provision, which prohibited feeding meat and bone meal to milk and meat-producing animals and mandated compliance with BIS standards for commercial feed, was beyond the jurisdiction of the original law.
The bench, led by Chief Justice Upadhyay, stated, “Any rule made by the food authority to regulate livestock or animal feed would be outside the purview of the 2006 Act,” emphasizing that the original law strictly limits FSSAI’s jurisdiction to food intended for human consumption.
The bench remarked, “The entire scheme of the Act is such that its provisions can only be used to regulate food for human consumption, not to regulate feed for livestock or animals.”
Furthermore, the Delhi High Court noted that terms like ‘food safety,’ ‘primary food,’ and ‘unsafe food’ under the Food Safety and Standards Act of 2006 cannot be broadly interpreted to include livestock or animal feed.
The ruling stated, “Due to the absence of any substance specifically included in the definition section as food for animal consumption, livestock feed, or animal feed, it is our considered opinion that all functions of the food authority… relate to food for human consumption and do not include feed for animals or livestock.”
Applying established principles of the relevant law, the bench concluded that FSSAI had overstepped its rule-making powers.
The bench ruled, “We have no hesitation in concluding that the disputed regulations are outside the scope of the 2006 Act and, therefore, beyond the jurisdiction of the Act itself.”
The bench also annulled directives issued by FSSAI in 2019, 2020, and 2021, which mandated BIS certification for commercial livestock feed, clarifying that such standards remain voluntary unless specifically notified by the central government. The Delhi High Court stated, “Making any BIS standard mandatory is the responsibility of the central government… and in the absence of such a directive… it was not within the jurisdiction of the food authority to impose the BIS standard requirement.”
The court clarified, “It is not that BIS standards for commercial feed cannot be made mandatory, but for that purpose, the appropriate procedure under the relevant law must be followed.”
My name is Bhupendra Singh Chundawat. I am an experienced content writer with several years of expertise in the field. Currently, I contribute to Daily Kiran, creating engaging and informative content across a variety of categories including technology, health, travel, education, and automobiles. My goal is to deliver accurate, insightful, and captivating information through my words to help readers stay informed and empowered.
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