Court Emphasizes Mandatory Licensing Under Food Safety and Standards Act, 2006, Rejects Petition to Reopen Facility Operating Beyond Petty Food Business Capacity
In a significant ruling delivered on September 2, 2026, the Allahabad High Court dismissed the petition filed by Junaid Alam seeking to quash the District Magistrate's order rejecting his application for reopening a slaughterhouse in Kanpur Nagar. The Court reaffirmed the strict licensing requirements under the Food Safety and Standards Act, 2006, underscoring that a registration certificate alone cannot substitute for a valid licence when operating a slaughterhouse beyond the limits of a petty food business.
The petitioner, Junaid Alam, operated a two-unit slaughterhouse and held a Food Safety Registration Certificate issued in June 2024. He also possessed ancillary documents including GST registration, Udyam registration, laboratory test reports, and a No Objection Certificate from the Nagar Nigam, Kanpur. Despite these, his application for a regular licence to operate at a capacity of twenty large animals per day was rejected due to deficiencies and non-compliance with statutory requirements.
The Court analyzed Section 31(1) and (2) of the Food Safety and Standards Act, 2006, and relevant regulations from the 2011 Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations. It clarified that while petty food businesses with limited capacity may operate with registration, any operation exceeding that capacity mandates a regular licence. The petitioner's proposed capacity clearly exceeded the petty food business threshold of two large animals per day, requiring a licence under Section 31(1).
The Court further noted that the petitioner's online licence application was returned by the competent authority due to deficiencies, and no licence had been granted at the time of the impugned order. Ancillary documents such as GST and Udyam registrations and municipal clearances do not substitute the statutory licence required for food safety and public health.
Emphasizing constitutional principles, the Court held that the right to practice any profession under Article 19(1)(g) of the Constitution does not exempt one from obtaining mandatory licences enacted to safeguard public health. The judgment referred to the Supreme Court's earlier directions in Laxmi Narain Modi v. Union of India, which mandated closure of unauthorised slaughterhouses until they comply with statutory norms.
The petitioner's allegations of police harassment were noted but not adjudicated as they were not relevant to the licensing issue before the Court. The Court permitted the petitioner to rectify deficiencies and reapply for the licence, with the competent authority expected to consider any fresh application on its merits.
This ruling strengthens regulatory oversight on slaughterhouses, ensuring adherence to food safety standards and public health protections by enforcing licensing requirements as prescribed by law.
Bottom Line:
Operation of a slaughterhouse beyond the capacity of a petty food business requires a regular licence under Section 31(1) of the Food Safety and Standards Act, 2006, and compliance with applicable regulations. Registration under Section 31(2) cannot substitute for the statutory licensing requirements.
Statutory provision(s):
Food Safety and Standards Act, 2006 Section 31(1), Section 31(2), Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011 Regulation 1.2.1(4), Regulation 2.1.2, Constitution of India Article 19(1)(g)
Junaid Alam v. State of U.P., (Allahabad)(DB) : Law Finder Doc Id # 2977627
