FSSAI has issued a notification dated 20 October 2020 regarding the Gazette Notification for amendments in Food Safety and Standards (Import) Regulation 2017. These regulations may be called the Food Safety and Standards (Import) First Amendment Regulations, 2020. They shall come into force on the date of their publication in the Official Gazette except the section (1) (A) (i) and (1) (A) (ii) below. The Food Business Operator shall comply with all other provisions of these regulations with effect from 1st July, 2021. The amendments have been made in the Food Safety and Standards (Import) Regulations, 2017
- Amendments Under Chapter – III
In Chapter –III under the regulation relating to “Clearance of Imported Food by the Food Authority under regulation ‘5’
- (i) the sub-regulation (1) has been amended to the following
Upon arrival of the food consignments at the port, the importer or Custom House Agent shall file an Integrated Declaration Form as specified by the Customs and shall pay non-refundable basic food import clearance fee as specified by Food Authority from time to time” (amendment is about paying the fee)
- (A) (ii) in sub-regulation (2) clause ‘(b)’ has been amended to the following
“(b) after satisfactory scrutiny, the Authorized Officer shall intimate the details of date and time of inspection to the Food Importer to facilitate the presence of the Importer or his Custom House Agent or authorized representative at the time and place of inspection;”
- The clauses (c), (d) and (e) under sub-regulation (2) stand omitted.
- Sub-regulation (4) shall be substituted by the following
(4) If the Food Importer or his Custom House Agent is not present to facilitate inspection and sampling at the mutually agreed date and time, the Authorised Officer may grant one opportunity to reschedule the appointment for inspection and sampling on request of Food Importer or his Custom House Agent.
(Prior to the above amendment according to sub-clause (4) two opportunities were to be provided after which the AO could refuse another opportunity for inspection and sampling of food consignment)
- The following new sub-clause (4) (a) has been added additionally
(4) (a) In absence of Food Importer or his Custom House Agent during mutually agreed date and time, The Authorized Officer may refuse to grant further appointment and may carry out inspection and sampling of food consignment:
Provided that on request of Food Importer or his Custom House Agent, any further opportunity in this behalf may be granted by the official authorized by CEO, after levy of suitable fee on the Food Importer as may be specified by the Authority from time to time.”
There are some further amendments in Chapter-III pertaining to regulation ‘6’ relating to “Compliance with standards for packaging and labelling”
- in sub-regulation (4) for the word “principle display”, the following clause shall be substituted, namely: – “principal display”
- the following sub-clause has been added under regulation ‘6’ (4) after (d)
“(e) Any other labelling information as per instructions issued by the Food Authority from time to time.”
- In the same regulation 6. the sub-regulation (5) has been changed
from
In respect of the rectifiable labelling deficiencies referred to in sub – regulation
(4), the Authorised Officer may pass an order directing the Food Importer or
his authorised agent to carry out the permissible labelling rectifications, within a specified time in the customs area without altering or masking the original label information in any manner.
Amended to the following
In respect of the rectifiable labelling deficiencies referred to in sub – regulation
(4), the Authorised Officer may pass an order during scrutiny stage or after visual inspection directing the Food Importer or his authorised agent to carry out the permissible labelling rectifications, within a specified time in the customs area without altering or masking the original label information in any manner
- In regulation 6. sub-regulation (6) has been amended from
On rectification by the Food Importer, the Authorised Officer shall carry out a re-inspection of the articles of food and if satisfied, draw the sample, subject to all other conditions being fulfilled by the Food Importer.
Amended to the following
On rectification by the Food Importer, the Authorised Officer shall carry out visual inspection or re-inspection of the articles of food and if satisfied, draw the sample, subject to all other conditions being fulfilled by the Food Importer.
- Amendments Under Chapter – V – Storage and Sampling of Imported Food
Under regulation 9 relating to “Sampling of Imported Food in respect of imported article of food” sub-regulation (3a) and (3b) have been added after sub-regulation (3)
“(3a) In case of imported pre-packaged retail food article, the Authorized Officer after successful completion of visual inspection and sampling, may issue a provisional no objection certificate to move the food consignment to a well – equipped storage facility.
(3b) For the purpose of sub-regulation (3a), the Authorized Officer shall take a declaration from importer in Form ‘13 A’ and importer shall sell such pre-packaged food article only after the issuance of no objection certificate by the Authorized Officer.
- Amendments in in Chapter-XI
Under regulation 15 relating to “Reviewable orders”, in clause (3) (e) the time given for disposing a review application the time period has been changed from within in a period of seven days to “within a period of ten working days”;
- Amendments in Form -6,
“Food Safety and Standards (Food Import) Regulation, 2016” has been amended to “Food Safety and Standards (Food Import) Regulation, 2017”
5. New Form 13A has been added after Form 13 of the regulations.
FORM -13A
[See regulation 9(3b)]
Declaration regarding issue of provisional no objection certificate for imported pre-packaged retail food consignment
(To be printed on the Letterhead of the FBO/Importer/Company)
To
The Authorised Officer, FSSAI
<Port of Import>
Dear Sir,
I/We,……………..resident of…………………… [as Proprietor/Partner/Managing Director/Director/Authorised Signatory] of M/s………………………………….are importer of ……. <Name of Food Items>…..in the consignment imported vide ……<Bill of Entry> ……… dated………….at ……….<Port location>……., request, you to issue provisional NOC for the same.
I/We hereby undertake to comply with the following terms and conditions on behalf of the importing firm/company as under: –
- The entire consignment under above mentioned Bill of Entry will be retained in a storage facility at ………<address of Warehouse>…………. and no part of the consignment shall be released into the market prior to issuance of no objection certificate.
- Both Customs and Food Safety and Standards Authority of India have the right to inspect the said storage facility at any time to ensure that the consignment is held securely till the no objection certificate is provided by Food Safety and Standards Authority of India;
- In the event of non-compliance of any rules, regulations made under FSS Act, I/We shall be fully responsible to move the cargo back to Customs jurisdiction and comply with all the norms for destruction/ re-export as may be decided by the competent Authority;
- In case of non-compliance of any of the above norms, I/We will not be eligible to avail of the above-mentioned facility in future. Besides, I/We will be liable for contravention of the Food Safety and Standards Act, 2006 and rules & regulations made there under.
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Signatures of the Importer with Stamp/ Seal |
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Name: |
Place: |
Address: |
Date: |
Contact Nos. |
Note -The principal regulations were published in the Gazette of India, Extraordinary Part III, Section 4, vide notification number F. No. 1/2008/Import safety/FSSAI, dated 9th March, 2017 and amended vide notification number F. No. REG/11/25/Import amendment/FSSAI-2017, dated 7th February, 2018.
Source : FSSAI
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