Through a notification dated 13 January 2017 the FSSAI has operationalized the Food Safety and Standards (Food Import) Regulations 2017. The draft notification had been notified in the Official Gazette in October 2016, and is now in the process of final notification. The following are important highlights of the Food Import Regulation.
Chapter 1 defines all the terms that are used in the regulation like “bill of entry, balance shelf life, custom area, custom house agent, non-conformance report, etc.
Chapter 2 deals with Licensing of Food Importers
- No person can import food without a Food import license and must also register themselves with the Directorate General of Foreign Trade. (DGFT)
- The imported food article will not be allowed clearance from the import house unless it has 60% of remaining shelf life at the time of clearance.
- Import license can be cancelled if the imported food is considered to be unsafe, prohibited food or food from prohibited sources or if the food importer does not comply with the conditions of the license.
- However, the cancelled license can be reconsidered for re-granting within seven days.
Chapter 3 deals with the process of clearance of the consignment
One important step is that on arrival of the consignment at the port the importers CHA must file an Integrated Declaration Form in the Customs Single Window Integration for Facilitating Trade (SWIFT). The clearance process will begin only after the application is forwarded from SWIFT to FICS.
Some process steps include
- scrutiny of documents
- payment of applicable fees
- inspection date and time will be fixed
- first visual inspection will take place and report made as per format
- followed by sampling
The imported food must be in compliance with packaging and labelling regulations
- Food must be stored in optimum condition of temperature and hygiene
- Packed to facilitate inspection and collection of samples including consignments of multiple foods
- Important labelling requirement is that the consignments must have the importers name and address
- FSSAI logo, licence number, veg and non-veg logo
- Any deficiency can be rectified by affixing a single non detachable sticker next to the principle display panel
- If the defects are not rectified within the stipulated time the AO might refuse clearance
Clearance is not required for the following categories of imported food
- Export as per present government instructions and export rejected/ re-imported food meant for re-export
- Foods, ingredients, additives meant for captive use and value added for 100% exports or meant for use in sister concerns of the importer and used for 100% export. The importer would have to declare on SWIFT the captive use
- Food imported by Diplomatic Missions
- Food imported for purpose of Research and Development
- Import of Food for the purposes of exhibition and tasting and the procedure for such import will be followed including declaration on SWIFT. If tasting is required a certificate of safety from the Food Authority of the country of export must be submitted
- Import of food for international sports events
Chapter 5 deals with storage, inspection and sampling of imported food
- Imported foods must not come in contact with other food articles
- Foods must be stored in accordance with prescribed storage conditions
- In case special storage is required the AO will verify any such condition and confirm availability of special storage facility
The regulations also provide guidelines on the requirements for sampling of imported food including that of imported food with requirement for specialised packing conditions.
The label of the samples must have the following information
- Code number of the samples
- Date and place of collection
- Quantity of sample
- Name of the food
- Name and quantity of preservative added while drawing the sample if any
- Name and signature of the Food Importer or the CHA
- Name and signature of the sender with official seal
Chapter 6 deals with Laboratory analysis of samples of imported food including the procedure to be followed by the referral laboratory and format of the laboratory analysis report.
Chapter 7 deals with the scheme for risk based food import clearance.
Chapter 8 deals with prohibition and restrictions on Food Imports
Chapter 9 and 10 deal with the work of Authorised Officers along with the orders they pass.
Chapter 11 deals with procedure of review
Chapter 12 deals with disposal of rejected food consignment and food samples
Chapter 13 deals with treatment of un-cleared and unclaimed food
The FSSAI has also provided the formats for
- Visual inspection
- Lab analysis report
- No objection certificate
- Non-conformance report
- Mandatory destruction order
- Review application to the review officer
Naresh Kumar Grover says
Do we need to have Product Approval before actual import of the product consignment. If yes, what is the procedure.