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Hospitality Industry Calls for Due Process; Seeks End to Pre-Trial Naming and Shaming by FDA

Mumbai, July 30: The Hotel And Restaurant Association (Western India) - HRAWI, the National Restaurant Association of India (NRAI) and the Indian Hotel and Restaurant Association (AHAR) have welcomed the Maharashtra Food and Drug Administration’s (FDA)

Mumbai, July 30: The Hotel And Restaurant Association (Western India) – HRAWI, the National Restaurant Association of India (NRAI) and the Indian Hotel and Restaurant Association (AHAR) have welcomed the Maharashtra Food and Drug Administration’s (FDA) renewed focus on strengthening food safety and ensuring compliance across food business establishments. At the same time, the Associations have expressed concerns regarding certain aspects of the recent enforcement approach and have appealed for a balanced implementation process that protects both consumer interests and the principles of natural justice.

Under the Food Safety and Standards framework, Food Business Operators (FBOs) are ordinarily provided an opportunity to address and rectify identified deficiencies before stringent enforcement action is initiated. The Associations request that inspections continue to follow this consultative and corrective approach, enabling establishments to undertake necessary improvements wherever feasible.

The Associations also urge that businesses should not be publicly singled out or prematurely portrayed as violators before the due process is completed. Many hospitality establishments have been built over decades through sustained investment, compliance and consumer trust. Public disclosure of interim inspection findings, before corrective measures can be undertaken or final conclusions reached, can cause disproportionate reputational damage, impact livelihoods and undermine business confidence.

The Associations further request that regulatory actions be communicated responsibly, recognising that inspection findings often represent an interim stage in the compliance process and that businesses should be provided the opportunity to implement corrective measures before being publicly condemned.

Collectively, HRAWI, NRAI and AHAR have appealed to the Maharashtra FDA to implement the FSSAI act as follows:

  • Issue prior improvement notices in accordance with Section 32 of the Food Safety and Standards Act, 2006, before suspension or termination of licences.
  • Avoid publicly identifying or condemning establishments before due process is completed and corrective measures have been evaluated. Names, photographs, and videos of Food Business Operators should not be publicised in media reports and/or on social media platforms before completion of the due legal process.
  • Exercise restraint in public communication regarding on-going enforcement actions, as inspection findings are often subject to compliance, rectification and further regulatory review.

The Associations reaffirm that food safety is of paramount importance to the hospitality industry and have consistently partnered with the Food Safety and Standards Authority of India (FSSAI) and the Maharashtra FDA through awareness programmes, stakeholder consultations and capacity building initiatives to promote a culture of compliance.

They have reiterated that the hospitality industry remains fully committed to maintaining the highest standards of food safety, hygiene and regulatory compliance. They also expressed their willingness to continue working closely with the Maharashtra FDA to strengthen compliance through awareness, training and constructive engagement, thereby ensuring that regulatory enforcement protects public health while also upholding fairness, due process and the livelihoods of thousands of people employed by the sector.

komal.hospi@gmail.com

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