The Bombay High Court has stayed the Maharashtra Food and Drug Administration’s (FDA) suspension of the licence of Pune-based Atharva Milk and Milk Products Industries (AMMPI), observing that the justifiability of the regulator’s action requires further consideration. The court noted that the FDA had suspended the dairy’s licence without first providing an opportunity to rectify the alleged deficiencies, as envisaged under Section 32 of the Food Safety and Standards Act, 2006.
Justice N. J. Jamadar observed that the suspension order did not provide adequate reasons to demonstrate why immediate action was imperative in the interest of public health or why a less severe measure would not have been sufficient. AMMPI argued that the FDA neither carried out a proper inspection nor prepared an inspection report before suspending its licence on July 7, alleging non-compliance with mandatory procedures under the Food Safety and Standards Act.
The dairy, which processes approximately 25,000 litres of milk per day and supports the livelihoods of around 2,000 farmers in addition to employing 35–40 workers, contended that it should have first received an improvement notice before any licence suspension. The Maharashtra government defended the FDA’s action, stating that the designated officer had exercised emergency powers based on a perceived food safety risk and cited a July 10 circular issued by FDA Commissioner Tukaram Mundhe.
The High Court has issued notices to the FDA Commissioner and other respondents, directing them to file their responses by August 10, while the interim stay allows the dairy to continue operations pending further proceedings. The case highlights the balance between strong food safety enforcement and adherence to due process under India’s food safety regulations. (Hindustan Times)
Source: Dairynews7x7 25 July, 2026 Read full article here
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