FSSAI can't regulate animal feed: Delhi High Court

The Delhi High Court has quashed a requirement set by the Food Safety and Standards Authority of India (FSSAI) that banned the use of meat or bone meal in feed meant for milk and meat-producing animals (except poultry, pigs, and fish).

A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia reasoned that the FSSAI is not empowered to prescribe the standards of food meant for animal consumption. 

The Court underscored that the FSSAI’s mandate is confined to food meant for human consumption.

“In absence of specific inclusion of any substance as food for animal consumption or cattle feed or feed for animal in the definition clause, in our considered opinion, all the functions of the Food Authority vested in Section 16 and duties cast on it are in relation to food for human consumption and will not include the animal or cattle feed,” the Court held. 

The Court was dealing with a plea challenging Note (c) appended to Regulation 2.5.2 of the Food Safety and Standards (Food Products Standards and Food Additives), Regulation 2011.

The note said that animals raised for milk or meat (except poultry, pigs, and fish) cannot be given feed that contains meat or bone meal, including things like internal organs, blood meal, or tissues from cows or pigs. The only exception to feeding animal products to milk and meat producing animals was that they may be given milk and milk-based products.

It also required that all commercial animal feed must meet standards set by the Bureau of Indian Standards (BIS), as specified by the FSSAI under the Food Safety and Standards Act, 2006 (FSSA Act).

The note was challenged by Godrej Agrovet, a company engaged in the manufacturing and marketing of animal feed. It was argued that the FSSAI had exceeded its statutory powers under the FSSAI Act in making the regulation since its power is limited to regulating food meant for human consumption and does not cover animal feed. 

It also challenged the mandatory imposition of BIS certification, arguing that such standards are voluntary unless notified by the Central government under separate legislation.

The FSSAI defended the regulation and argued that the FSSAI Act provides it with the power to ensure food safety and protect public health. It justified the ban on animal-derived feed by pointing to concerns raised by the Department of Animal Husbandry regarding food safety risks, particularly in dairy imports.

After considering the case, the High Court agreed with Godrej Agrovet and quashed Note (c) to the regulation under scrutiny.

The Court added that FSSAI could not mandate BIS certification for animal feed, as this fell outside its powers.

“Making any BIS standard mandatory is the function of the Central Government and the Bureau created under the BIS Act, 2016 and in absence of any such direction of the Central Government either under the BIS Act, 2016 or BIS Rules, 2018, in our opinion, it was not competent for the Food Authority to have made the requirement of BIS standard mandatory to be followed in case of commercial feed for the reason that the Food Authority lacks any such jurisdiction to make any such Regulation,” it underscored. 

Ultimately, the Court also struck down directions issued by the FSSAI between 2019 and 2021 that required commercial animal feed products to carry mandatory BIS certification.

Senior Advocate Madhavi Divan with advocates Santhosh Krishnan, Sonam Anand, Ashwin Joseph and Atharva Kotwal appeared for Godrej Agrovet. 

Advocate Rakesh Chaudhary represented the FSSAI. 

Advocates Jivesh Kumar Tiwari and Samiksha appeared for another respondent.

[Read Judgement]