For the convenience of food importers the FSSAI has published FAQs which clarify the entire process of import clearance.
Who is an Authorised Officer?
Authorised Officer (AO) is appointed by CEO, FSSAI for the purpose of performing all the functions required for Food Import Clearance under section 25 of the Act.
What are the pre-requisites for importing food into India?
- Import-Export Code from DGFT and Import License from FSSAI
- Country Of Origin Certificate
- Complete Certificate Of Analysis including safety parameters from country of origin (Mandatory for Proprietary Foods)
- High Sea Sales Agreement
- Bill of Lading mentioned in the Bill of Entry (BoE) for sea consignment
- Ingredients list
- Specimen copy of label
- Declaration that BoE has not been referred on SW (Declaration is required to be in company letterhead.)
- Examination Order
- Transit country’s list if food articles have been transhipped
- Invoice /Proforma Invoice
- Packing List
- Undertaking has to be given by importer for imported food consignment meant for
- Issue of provisional NOC with less than 07 days shelf life.
- Issue of provisional NOC for frozen & chilled imported food consignment
- Display purpose in trade fair or exhibition.
- Personal use
- Research & Development purposes
- Sports Events
- Containing bulk packages but not having representative samples
- Containing bulk packages and having representative samples
- Food consignment meant 100% export and re-export
How can an importer import the food articles?
- Bill of Entry (BOE) is filed at Customs ICE GATE (https://icegate.gov.in) on the Single Window Interface for Facilitating Trade (SWIFT). SWIFT works on risk based sampling system called Risk Management System (RMS).
- RMS scrutinizes the application and if sampling is required, the BOE is referred to the FSSAI online Food Import Clearance System (FICS).
- CHA/Importer needs to be registered on FICS (ics.fssai.gov.in)
- FSSAI accepts the BOE and may ask for further details from CHA/Importer
- If all the relevant information is provided, Authorized Officer fixes appointment for inspection of the consignment. Only two opportunities are provided to the CHA/Importer to confirm the appointment.
- On visual inspection, if everything is found satisfactory including labelling and packaging requirements, two samples are drawn from the consignment and if not found satisfactory AO rejects the consignment by issuing Non-Conforming Report.
- If the food consignment passes visual inspection, samples are sent to FSSAI Notified Food Laboratory and if found conforming then No Objection Certificate (NOC) is generated and if samples do not conform then Non-Conforming Report (NCR) is generated, rejecting the clearance of food consignment.
- If Importer disagrees with the finding of the laboratory report, he may apply for re-testing at the referral laboratory. Outcome of test result will determine the fate of consignment. Importer may present the review application to the Review Officer (Director, Imports) along with the required documents at the FSSAI Headquarter.
- The order passed by the Review Officer can be challenged before the CEO, FSSAI, whose decision thereon will be final
What is the validity period of Import license?
Under Food Safety and Standards (Licensing and Registration of Food Businesses)
Regulations 2011, a license is valid, unless otherwise specified, for a period of 1 to 5 years. The FBO chooses the period and the license is subject to remittance of fee applicable for the period and compliance with all conditions of license.
Are importers required to file annual returns?
Yes, the Food Importer shall file Annual returns as prescribed under FSS (Licensing and Registration of Food Businesses) Regulation, 2011.
Where can Importers find the list of banned/ restricted products in India?
The list of banned/ restricted product in India is provided by DGFT and can be obtained from their website www.dgft.in. Besides these the FSSAI may prohibit/ restrict import of any article of food based on risk perception or outbreaks of disease, etc. and issue orders as deemed fit in this regard. The FSSAI may also issue guidelines to ensure the safety and wholesomeness of food imported into India. Customs will immediately be informed of any such prohibitions and restrictions.
What are the labelling requirements of imported food Items?
Labelling requirements of imported food Items are mentioned under Food Safety and Standards (Packaging and Labelling) Regulations, 2011, re-operationalized draft
Food Safety and Standards (Food Import) Regulations, 2017 and guidelines (only labelling requirement part) dated 23.03.2012 and 09.08.2016 issued by FSSAI.
What are the rectifiable labelling deficiencies?
For imported packaged food consignments rectification is permitted at the custom bound warehouse, where a single non detachable sticker or any other non-detachable method is allowed to be affixed next to the principle display panel for the following
- Name and address of the importer
- FSSAI Logo and license number
- Non-Veg or Veg Logo
What is SWIFT?
Single Window Interface for Facilitating Trade (SWIFT) is a system provided by the Customs to the importer and Custom House Agent to apply for all import clearances.
What is Risk based random sampling?
It means the activity of drawing samples randomly based on the risk criteria identified and the compliance history of the importer.
In which language are labelling particulars to be declared?
English or Hindi in Devnagiri script.
What is Shelf life?
Shelf life means the period between the date of manufacture and the “Best Before” or “Date of expiry” whichever is earlier as printed on the label.
What is Balance Shelf life?
Balance shelf-life means the period between the date of import (Import General Manifest) and “Best Before” or “Date of expiry” as the case maybe.
What is the shelf-life requirement for imported food?
Remaining shelf life must not be less than 60% at the time of clearance from the customs as per re-operationalized draft Food Safety and Standards (Food Import) Regulations, 2017.
How many samples are collected per product during the inspection?
Two are drawn per product.
What is the mode of payment of sampling charges for imported food consignment?
Online payment is accepted by FSSAIs’ Authorised Officers.
What are the charges for testing imported food sample payable to a lab?
- 12000 per sample for foods for infant nutrition, infant milk food, infant formula, milk cereal based complementary foods, processed cereal based complementary foods and packaged drinking water and mineral water.
- 5000/ for all other food categories
Under what circumstances is a rejection report generated on visual inspection and without drawing sample?
On visual inspection when the AO finds that there is non-compliance of labels under Food Safety and Standards (Packaging and Labelling) Regulations, 2011 then the AO can issue a rejection report to Customs Authorities therein stating the reason(s) for refusing the drawing of samples from the imported food consignment.
What information must be given on the label of sample to be sent to laboratory for analysis?
The sealed sample of imported food shall bear the following information on the label:
- code number of the sample
- date and place of collection
- quantity of sample
- name of articles of food and category as per Food Safety and Standards (Food Product Standards and Food Additives) Regulations
- name and quantity of preservative added while drawing the sample, if any
- name and signature of the Food Importer or his Custom House Agent
- name and signature of the sender with official seal
Note: One of the sealed and labelled food samples shall be sent to the notified Laboratory. The second food sample shall be stored in appropriate conditions for re-testing if the need arises.
Can one sample be drawn out of the commingled bulk cargo of pulses, other cereals and oils allowed?
Yes it is allowed.
- If the cargo is homogeneous in nature and identity with multiple importers but one exporter, sampling/ testing may be done once for the entire vessel and made applicable to all importers. Sampling will be undertaken from the consignment with first Bill of Entry forwarded by SWIFT However, individual importers may be asked to obtain NOC/NCC according to Bill of entry.
- The analysis report of the sample at the first port of discharge shall also remain valid at other ports of discharge provided the FSSAI, AO re-seals the remaining cargo at the first port of discharge. The AO at the next port of discharge would ensure that the sailing time between the ports of discharge is not unreasonable and that the seal is intact before issuing the NOC for the remaining cargo.
Can an Importer modify the end-use declaration after applying for clearance?
No the end-use declaration cannot be modified.
When is FSSAI, NOC exempted for imported food?
FSSAI NOC is exempted on submitting an undertaking on imported food meant for
- personal consumption
- Display Purpose in Trade Fair/Exhibition
- Research & Development purposes
- Sports Events
- 100% Export and Re-export
When can provisional NOCs be granted to an imported food consignment?
Provisional NOC can be granted for imported foods which have
- shelf life of less than seven days
- requirement for special storage conditions
Provisional NOC is granted without waiting for the analysis report from lab on the basis of undertaking from the Importer as prescribed by FSSAI.
Is cleaning and sorting at Customs Bonded warehouse allowed to improve the quality of food grains including pulse consignments?
Yes, it is allowed on request of the importer so as to improve the quality of imported food grain by removing foreign matter, mineral matter and damaged grains. The condition is that cleaning /sorting of the food grains will be carried out strictly under the supervision of Customs in customs bonded area. NOC will be given by the AO FSSAI, if the sample of the improved product is found to be conforming to the standards prescribed under FSS (Food Product Standards and Food Additives) Regulation, 2011.
Can an Importer get a refund of the fee paid for sampling if samples are not drawn?
Yes refund is given if sampling is not carried out.
To which laboratories are the imported food samples sent for analysis?
Samples are sent to FSSAI’s notified NABL accredited laboratories.
If the sample is found non-conforming with FSS Standards by the primary laboratory can samples importer apply for re-testing?
Yes re-testing is permitted.
To which laboratories are the samples sent for re-testing by FSSAI?
Re-testing samples are sent to Referral laboratories as notified by FSSAI.
Can the Importer collect duplicate samples after obtaining NOC?
Yes this is permitted.
Do importers get copies of sample tests reports whether granted NOC or NCC?
Yes.
Are duty free shops at airports outside scope of FSSAI?
Yes.
Is the import of nutraceuticals/ health supplements allowed in India?
Import of nutraceuticals/ health supplements as per Order ZF.No.l-5/ Nutraceuticals / FSSAI-2003 dated 06.01.2017 is allowed.
Is there any need for Importer or their representatives to visit the FSSAI Office?
No it is not required.
Where can the importer clarify doubts pertaining to procedure of importing food in India?
Clarification pertaining to import procedure can be obtained at six FSSAI offices in Delhi, Mumbai, Chennai, Kolkata, Tuticorin and Cochin and FSSAI HQ at Delhi.
Where can importers clarify their technical queries before importing food consignments?
FSSAI has its Authorised Officers at six regional offices and their complete addresses including emails are given below for clarifying technical queries:
Deputy Director (DO/AO]
First Floor, NBCC Place,
Bhisham Pitamah Marg,
Pragati Vihar,
New Delhi-110003
Telephone: 011-24369458
E-mail: [email protected]
Authorized Officer (Mumbai
Airport Sea Port)
Food Safety and Standards Authority of India,
3rd Floor, New Hamallage Building,
Indira Dock, Yellow gate, Mumbai Port Trust,
Mumbai-400001
Telefax: 022-22617672,
26817995 (Air) and 22061607(Sea)
E-mail: [email protected] – [email protected] – [email protected]
Authorized Officer (JNPT)
Food Safety and Standards Authority of India,
Unit No.902, 9thFloor,
Hall Mark, Business Plaza,
Opposite Guru Nanak Hospital,
Bandra (East), Mumbai
Telefax: 022-26817995,
Telephone: 022-22617672, 26420961, 27470708
E-mail: [email protected], [email protected]
Authorized Officer
Food Safety and Standards Authority of India,
Benfish Tower, 6th floor, 31 G – N Block,
Sector-V, Salt Lake,
Kolkata-700091
Telefax: 033-23573043
E-mail: [email protected]
Authorized Officer
Food Safety and Standard Authority of
India, Ministry of Health & Family Welfare,
First Floor, Marine Building, Malabar Road,
North End, Willingdon Island,
Cochin – 682009 Kerala
Telefax: 0484-2666256
E-mail: [email protected]
Authorized Officer Chennai Sea Port and Airport
Food Safety and Standard Authority of India,
Ministry of Health & Family Welfare,
Central Documentation Complex, (South Wing), Chennai Port Trust,
Rajaji Salai, Chennai-600001
Telephone: 044- 25223212, 25223213
E-Mail: [email protected]
Authorized Officer Tuticorin Port
Food Safety and Standard Authority of India,
Ministry of Health & Family Welfare,
First Floor, CHD Building, V.O.C Port,
New Harbour Estate, Tuticorin-628004
Telephone: 04612353099
E-Mail: [email protected]
Ram Sharma says
we want to appeal and we do not know how and where to upload form 6 of appeal application.
Kindly guide.