Maharashtra FDA issues compliance order to stop expired food from re-entering market

Mumbai, Oct 30 (PTI) The Maharashtra Food and Drug Administration (FDA) on Friday issued a state-wide compliance order to prevent expired, damaged and rejected food items from re-entering the market.

The Maharashtra Expired, Damaged and Rejected Food (Handling and Disposal) Compliance Order, 2026, has been issued under Section 30 of the Food Safety and Standards Act, 2006, and will apply to all warehouses, fulfilment centres, dark stores, depots, cold stores and distributors across the state, FDA commissioner Tukaram Mundhe said.

The regulator had seized food stock worth Rs 5 crore from 10 locations across Maharashtra between June and October this year., with the largest seizure of Rs 4.12 crore from Turbhe in Navi Mumbai, he said.

The department also suspended licences of seven establishments and registered FIRs in connection with the cases.

He further said the department had traced a chain through which expired food stock handed over to disposal agencies was allegedly finding its way back into the market.

The stock was being routed from warehouses to disposal agencies and then to unlicensed godowns, where date marks were allegedly altered or packaging repacked. It was subsequently sold through brokers and retail shops, often at discounted prices, the FDA said.

According to the department, the enforcement drive between June and October covered 10 locations, including nine in the Thane-Pune region and one in Navi Mumbai. The seizures included stock worth Rs 32.71 lakh in Pagaon, Rs 26.60 lakh in Khoni and Kamba, Rs 7.80 lakh in Usatane and Rs 6.88 lakh in Padgha.

The FDA said the seven offences involved 34 accused, including individuals and entities, directors of large companies, warehouse managers, disposal agencies, brokers and sellers. Investigations are underway in all the cases.

The department found several irregularities during inspections, including the absence of separate locked areas for expired and returned stock, lack of reconciliation between stock declared expired and actually destroyed, and disposal through unauthorised agencies.

It also found discrepancies in cartons and weights, questionable destruction certificates and instances where invoices were issued in the name of non-existent entities. In some cases, there was no independent evidence of destruction, such as vehicle records, weighbridge slips, e-way bills or video recordings.

"Under the new compliance order, warehouses will have to maintain locked quarantine zones under CCTV surveillance, with a board stating that the stock is not fit for human consumption. Packages must be slit or crushed before being sent for disposal to ensure they cannot be resold," the FDA said.

Companies will have to use disposal facilities authorised by the Maharashtra Pollution Control Board (MPCB) and submit their agreements to the designated officers. They will also have to provide seven days' prior intimation to the Food Safety Officer before disposing of 50 kg or more of stock, it added.

The order makes geo-tagged video recordings of destruction, two independent witnesses and destruction certificates matching the quantity and batch details mandatory. Companies must also maintain monthly accounts of expired and destroyed stock.

"False information can attract a penalty of up to Rs 10 lakh under Section 61 of the Act. Erasing expiry dates, overprinting or putting stickers over date marks has been prohibited. Such food items will be treated as unsafe and prosecuted under Section 59," the FDA said.

Food Safety Officers will physically verify at least 10 per cent of disposal consignments every month, from warehouses to destruction facilities.

The FDA has directed all companies to submit details of their disposal agreements and expired stock currently held by them within 30 days.

"Action, including licence suspension, penalties and prosecution, would be taken not only against retailers selling expired food but also against the warehouses and companies from which such stock originated," it warned.

The seized stock will be scientifically destroyed in accordance with FSSAI guidelines, under video recording and in the presence of witnesses, with the consent of investigating officers, the FDA said.

(This story has not been edited by THE WEEK and is auto-generated from PTI)