FSSAI Cannot Regulate Cattle Feed Under Human Food Safety Laws: Delhi High Court Quashes Mandatory BIS Certification
The Court noted that the Act is exclusively designed for human consumption, rendering FSSAI's attempts to mandate standards for animal feed ultra vires.
The Delhi High Court has struck down a significant regulatory amendment and several directives issued by the Food Safety and Standards Authority of India (FSSAI) that sought to govern the composition and certification of commercial animal feed. The Bench held that the statutory framework of the Food Safety and Standards Act, 2006 (the Act), is fundamentally anchored to "food" intended for human consumption, thereby precluding the Food Authority from extending its regulatory reach to the cattle feed industry.
In a detailed 45-page judgment, the Bench emphasised that the primary objective of the Act, as evidenced by its preamble and definitions, is to ensure "safe and wholesome food for human consumption". The Court observed that the FSSAI attempted to find an "indirect way" to achieve what it could not do directly, regulating an industry that falls under different legislative domains, without first seeking appropriate parliamentary amendments to the Act.
A Division Bench comprising the Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia noting the definition of “food” under Section 3 (1) (j) of the Act observed, “…Such ‘food’ for human consumption, according to the definition clause, will include primary food, genetically modified or engineered food or food containing some ingredients, infant food, packaged drinking water, alcoholic drinks, chewing gum and any other substance used into the food during its manufacture, preparation or treatment. The definition clause clearly reveals that „it does not include any animal feed‟. It also does not include plant prior to harvesting, drugs and medicinal products, cosmetic, narcotic or psychotropic substances”.
Senior Advocate Madhavi Divan appeared for the petitioner and Advocate Rakesh Chaudhary appeared for the respondent.
The Petitioner, Godrej Agrovet Ltd, a major manufacturer of animal feed, challenged the validity of Note (c) appended to Regulation 2.5.2 of the FSS Standards (Food Products Standards and Food Additives) Regulations, 2011.
That Note prohibited feeding certain meat or bone meals to milk and meat-producing animals and mandated that commercial feeds comply with Bureau of Indian Standards (BIS) specifications, carrying the mandatory BIS certification mark.
The FSSAI initially issued directives in December 10, 2019 under Section 16(5) of the Act, mandating BIS compliance for commercial feeds as an interim measure while ostensibly "examining the possibility" of amending the Act. These directives were superseded and extended through January 27, 2020 and January 01, 2021. Eventually, the requirements were formalised through the Amending Regulations of 2021, prompting the Petitioner to approach the High Court under Article 226 of the Constitution of India.
The Bench noted that Section 92(2)(e) only empowers the Food Authority to notify standards for articles of food "meant for human consumption".
Furthermore, the Court held that BIS standards are primarily voluntary under the BIS Act, 2016, and can only be made mandatory by the Central Government through specific notifications, which the FSSAI lacked the competence to bypass. The Bench also referenced Entry 15 of List II of the Seventh Schedule, noting that "preservation of stock" is a State subject.
“…we also notice that Note (c) in the impugned Regulation also requires that commercial feed shall comply with the BIS standards as may be specified by the Food Authority from time to time and shall carry BIS certification mark on the label of the product. Such prescription, in our opinion, is also beyond the scope of the Act, 2006 for the reason that the provisions contained in Bureau of Indian Standards Act, 2016 provide that compliance with the relevant BIS standards is voluntary and not mandatory whereas the impugned Regulation makes the same to be mandatory”, the Bench noted.
“Thus having regard to the scheme of the Act, 2006, the purpose for which it has been enacted by the Central Legislature and also the extent of Regulation making power available under Section 92 of the Act, 2006 and the duties and functions of the Food Authority under Section 16 of the said Act, what we conclude is that any Regulation made by the Food Authority regulating cattle feed or animal feed would travel beyond the scope of the Act, 2006, which is the enabling Legislation. The impugned Regulation, specifically Note (c), thus not only is beyond the scheme and scope of the Act, 2006 but it also clearly appears to be inconsistent with the enabling Legislation for the reason that enabling Legislation does not confer any authority or power to the Food Authority to make any such Regulation where regulation of cattle feed and animal feed is sought”, it further noted.
The Court, thus, allowed the writ petition and quashed Note (c) appended to Regulation 2.5.2 of the Principal Regulations. Additionally, the directives dated December 10, 2019, January 27, 2020, and January 1, 2021, issued by the Food Authority were quashed as being illegal and ultra vires to the Act, 2006.
Cause Title: Godrej Agrovet Ltd v. Food Safety and Standards Authority of India & Anr. [Neutral Citation: 2026:DHC:2861-DB]
Appearances:
Petitioner: Madhavi Divan, Senior Advocate with Santosh Krishnan, Sonam Anand, Ashwin Joseph & Atharva Kotwal, Advocates.
Respondents: Rakesh Chaudhary, Jivesh Kumar Tiwari, Samiksha, Advocates.