Mumbai: The Maharashtra Food and Drug Administration’s (FDA) decision to cancel Amazon Retail India’s food licence came in for sharp criticism from Bombay High Court.
“We need to tell you that in order to implement your policies vigorously, you try to kill a mosquito with a sword,” a division bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad said while hearing an appeal by Amazon Retail against the suspension of its licence.
The state’s food safety regulator, following inspection Amazon’s Bhiwandi warehouse on June 24, alleged that the company was sending expired food into the retail market instead of scientifically destroying it.
A day later, the FDA suspended Amazon Retail’s licence without giving them a hearing or chance to improve.
On July 1, the FDA issued a showcause notice to Amazon and cancelled its licence.
Having rapped the FDA a week earlier for focusing on private establishments while sparing government canteens, the high court on Friday pulled up the regulator for its approach.
The court questioned the FDA on an inspection report that certified staff canteens at Mantralaya and Vidhan Bhawan as “98% compliant” despite photographic evidence to the contrary.
During Friday’s hearing, the court applauded the FDA for its crackdown on eateries and other establishments but asked the regulator if it intended to shut all commercial establishments to deal with food safety violations.
“As we have said earlier, we appreciate your action. This is laudable, and you deserve a compliment. But you have to go systematically. In order to deal with this situation, will you shut down all commercial establishments in Mumbai, Thane, Pune and Palghar,” the bench observed.
The court reminded the FDA that a food licence cannot ordinarily be cancelled when an appeal against its suspension is pending before the court. “It is a settled law that during the appeal period, no such action can be taken. Procedure has to be followed,” the bench said, setting August 10 as the next date of hearing.
The hospitality industry in Maharashtra has been in shock, with most stakeholders considering FDA’s sweeping crackdown as extremely heavy-handed.
