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HC suggests framing separate FSSA rules for restaurants

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MUMBAI: The Bombay High Court today suggested the Maharashtra government to frame separate rules and regulations under the Food Safety and Standards Act (FSSA) for food service providers like hotels and restaurants.

A division bench of Chief Justice Mohit Shah and Justice M S Sanklecha was hearing a petition filed by the Association of Indian Hotels and Restaurants ( AHAR), which has over 6000 members, challenging the constitutional validity of FSSA 2006 and the Rules and Regulations framed under the Act in 2011.

According to the petitioner association, the provisions of FSSA are not applicable to food service providers like hotels and restaurants as they do not manufacture food.

“The Act deals only with manufacturing of food articles and are mainly and substantially for manufacturing units. In hotels and restaurants food is cooked and served to customers. Cooking of food is not manufacturing,” the petition states.

The petition further claims that the FSSA and its rules are ex-facie, ambiguous and unconstitutional and should be declared null and void. The association has sought direction to the government to create separate rules for food service providers and also declare that the FSSA is applicable to manufacturing units.

The bench while issuing notices to the union government, state government and Food Safety and Standards Authority suggested the Maharashtra government to frame new rules for hotels and restaurants.

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