The Bombay High Court has directed the Food and Drug Administration (FDA) to conduct a new inspection of the Mumbai Cricket Association's (MCA) food and beverage operations at its Bandra-Kurla Complex (BKC) premises. This order comes after the court questioned the FDA's rationale for suspending the MCA’s food services based on a report indicating “partial compliance” without clear specifics.
The ruling was issued during a hearing concerning a petition filed by the MCA, which challenged the suspension of its food and beverage operations. A bench comprising Acting Chief Justice Ravindra V. Ghuge and Justice Gautam A. Ankhad expressed reservations about the FDA’s inspection report, particularly its use of the term "partial compliance" without providing numerical scores or detailing specific deficiencies.
The court noted that standard FDA inspection reports typically include numerical compliance scores, which were absent from the report in question. Acting Chief Justice Ghuge emphasized the importance of clear deficiency outlines, especially when dealing with food safety.
MCA Raises Concerns for Athletes and Operations
Senior advocate Vikram Nankani, representing the MCA, contended that the FDA’s suspension was based on an unquantified "partial compliance" finding and that no statutory improvement notices under Section 32 of the Food Safety and Standards (FSS) Act had been issued. Nankani also highlighted the immediate impact of the suspension on athletes and visitors using the MCA facilities, particularly with ongoing cricket camps and upcoming badminton tournaments.
He pointed out that players were unable to access basic beverages within the premises, forcing them to seek refreshments outside. While government pleader PP Kakade suggested sourcing tea from external vendors, Nankani raised hygiene concerns about roadside outlets. The court, however, granted interim relief, allowing the MCA to operate automated tea and coffee vending machines with minimal human intervention.
New Inspection and Future Proceedings
The court has instructed FDA officials to carry out a comprehensive fresh inspection of all MCA establishments at BKC between 1:00 PM and 6:00 PM. This new inspection is mandated to use standard auto-generated scorecards for accurate assessment. The bench also asked the FDA to pragmatically review the contractual arrangements between the MCA and its concessionaire, particularly regarding licensing liabilities.
The matter is scheduled for its next hearing on Saturday, August 24.