Through a notification uploaded on 5 February 2019 the FSSAI has proposed some amendments to the Food Safety and Standards (Food Import) Regulations, 2017. The FSSAI has also invited suggestions and comments from, stakeholders likely to be affected by the amendments, which are to reach the FSSAI office by 5 March 2019 for consideration of the FSSAI. Once notified in the Official Gazette these regulations will be called the Food Safety and Standards (Import Regulation) Amendment Regulations, 2019.
The proposed amendment in the Food Safety and Standards (Import) Regulations, 2017 are as follows
In Chapter –III Clearance of Imported Food by the Food Authority
In this import regulation which is numbered ‘5’ under
- sub-regulation (1) the following clause is proposed to be changed
Present Regulation
Upon the arrival of the food consignments at the port, the importer or Custom HouseAgent shall file an Integrated Declaration Form as specified by the Customs.
Prosed Amendment is as follows
Upon the arrival of the food consignments at the port, the importer or Custom HouseAgent 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”
- Under the same regulation sub-regulation (2)is proposed to be changed
(2) The Form forwarded from Customs to the Food Import Clearance System of Food Safety and Standards Authority of India (FSSAI) shall be processed in the following
manner, namely
Present regulation
(b) upon satisfactory scrutiny, the applicant shall pay the fees as specified by
the Food Authority for scrutiny of documents, visual inspection and drawing of the sample;
for (b) Proposed Amendment is as follows
(b) after satisfactory scrutiny, the Authorized Officer shall intimate the details of the date and time of inspection to the Food Importer to facilitate the presence of the Importer or his Custom HouseAgent/authorized representative at the time and place of inspection;”
- In the same regulation clauses (c), (d) and (e) shall be omitted.
In sub-regulation (4), the following amendment is proposed Present import regulation
If the Food Importer or his Custom House Agent is not present to facilitate the inspection and sampling in spite of two opportunities having been granted, the Authorized Officer may refuse to grant further opportunity for inspection and sampling of the food consignment:
Provided that any further opportunity in this behalf may be granted by the ChiefExecutive Officer or his authorized representative after levy of suitable fee on theFood Importer as may be specified by the Authority from time to time.
Proposed Amendment is as follows
“(4) If the Food Importer or his Custom House Agent is not present to facilitate inspection and sampling at the appointment time, the Authorised Officer may carry out inspection and sampling of food consignment:
Provided that any further opportunity in this behalf may be granted by the Director in-charge of the region after levy of suitable fee on the Food Importer as may be specified by the Authority from time to time.”
Amendments proposed n regulation ‘6’ Compliance with standards for packaging and labeling are as follows
- in sub-regulation (4) In case of imported packaged food consignments, the following special dispensation labeling shall be allowed for the rectifiable labeling deficiencies at the custom-bound warehouse by affixing a single non-detachable sticker or by any other non-detachable method next to the principleprincipaldisplay panel
(for the word “principle”, the following shall be substituted – “principal”)
- after clause (d), the following is proposed to be added
“(e) Any other labeling information as per instructions issued by the Food Authority from time to time.”
- In the same regulation in sub-regulation (5) amendment proposed is as follows
Present regulation
(5) In respect of the rectifiable labeling deficiencies referred to in sub-regulation(4), the Authorised Officer may pass an order directing the Food Importer or his authorized agent to carry out the permissible labeling rectifications, within a specified time in the customs area without altering or masking the original label information in any manner.
The proposed amendment is as follows
(5) In respect of the rectifiable labeling 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 sub-regulation (6), the proposed change is as follows
Present regulation
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.
Proposed amendment
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.
Chapter V- Storage and Sampling of Imported Food
In regulation 9, after the sub-regulation (3), the following are proposed to be added
(3a) In case of the 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 an 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.”
Chapter-XI related to “Review Process”, in sub-regulation (3) the following is proposed
(e) The Review Officer shall dispose of the review application within a period of seven days, ten working days after filing of the review application by the Food importer and the reply of the Authorised Officer thereof:
In Form -6, for the words “Food Safety and Standards (Food Import) Regulation, 2016”, the following shall be substituted, namely: “Food Safety and Standards (Food Import) Regulation, 2017”
Food Safety and Standards (Food Import) Regulation, 2016 Food Safety and Standards (Food Import) Regulation, 2017under which the Rejection Report was passed………
A new form -13A is proposed to be added after Form ‘13’ which is as follows
FORM -13A
[See Regulation 9(3b)]
Declaration regarding the 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 an 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: –
(i) 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;
(ii) 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;
(iii) 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;
(iv) 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 a contravention of the Food Safety andStandards Act, 2006 and rules & regulations made thereunder.
Signatures of the Importer with Stamp/ Seal | |
Name: | |
Place: | Address: |
Date: | Contact Nos. |
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