Imports
‘Imports’ means bringing into India any article of food by land, sea or air.
Fssai has the mandate to regulate import of food into the country and ensure that it is safe and wholesome for human consumption. As per section 25 of the Food Safety and Standard Act, 2006, all imports articles of food are subject to the provisions of the Act. It stipulates that no person shall import into India any article of food in contravention of the Act or any rules and regulations made thereunder. Exercising the power of the Act, the Central Government on the recommendation of the Food Authority notified the FSS (Import) Regulation, 2017 on 9th March’2017.
Key points of Food Safety and Standards (Import) Regulations, 2017
- No imports of food articles are permitted in India without a valid import license from the central Licensing Authority of India.
- The consignment of food articles are referred to FSSAI for clearance by the Custom Authorities through IEC Gate.
- The Food Consignments are subject to scrutiny of documents, visual inspection, sampling and testing in order to determine whether or not they confirm to the safety and quality standards laid down various Food Safety and Standards Regulations.
- Food Authority may review the risks associated with articles of food imports from time to time and adopt a risk-based framework and risk based inspection process for clearance of imported articles of food or even include them in the prohibited items list.
- Power and duties of Authorized Officers notified for the purpose of food import clearance prescribed under Chapter IX of these regulations.
- In case of imported food consignments, special dispensation for rectification of labels is provided under Reg 6(4) of FSS (Import) Regulation’ 2017.
- Provisional NOC can be issued for certain types of imported food consignments without waiting for the analysis report from lab on the basis of an undertaking from the importer as prescribed under Chapter V of these regulation.
- Importer can apply for retest, if the sample found Non-confirming to the FSS Standards by the primary laboratory.
- Requirement of NOC from FSSAI is exempted under following conditions by submitting an undertaking (Details are mentioned in Chapter 4 of FSS (Import) Regulation’ 2017.
- Articles of food imported for personal consumption
- Imported food consignment meant for display purpose in Fair/Exhibition
- Imported food consignment meant for Research & Development purposes
- Imported food consignment meant for Sports Events
- Imported food consignment meant for 100% Export and Re-export
Procedure to obtaining Import License from FSSAI:
Under the Food Safety and Standards Act’ 2006 every Food Business Operator (Importer) is required to take Fssai License to commence Import Food Business. For obtaining Food import License, the applicant/prospective importer requires a valid Import Export Code (IEC) issued by Directorate General of Foreign Trade (DGFT). For detailed procedure to obtaining Import License click on procedure to obtain Fssai License.
Steps to Importing Food Items to India
- Must be Legal Entity in India
- Must have Import Fssai License and IEC (Import-Export Code)
- Food Product Must be Approved by Fssai
- Labelled as per FSS Packaging & Labelling Rules
- Informed to Fssai for Import through FICS (Food Import Clearance System) to clear Cargo
- The address of premises in case of Importer should be same as mentioned in IE Code (IEC). Even if importer is having multiple premises, Only one(1) License is applicable, if applying for Importer kind of business only.
Section 25 of the Food Safety & Standard Act, 2006, stipulates that all imports of articles of food are subject to the provisions of the Act. The procedure and requirements for import of food articles are regulated by FSS (Import) Regulations.
FSSAI has its Authorized Officers at 6 locations namely Chennai, Kolkata, Mumbai, Delhi, Cochin, Tuticorin covering 21 points of entries for ensuring compliance to the provisions of FSSA Act, 2006 and Regulations made there under. Further, there are another 396 locations(As per Notification dated 03/05/2018) throughout the country where Customs officials have been notified as Authorized Officers by FSSAI.
Labelling requirements on food imports
- The Labelling Language should be as per FSSAI (Packaging & Labelling) Regulations, 2011, and the product specific labelling requirements;
- The name, trade name or description of food contained in the package.
- The name of the ingredients used in the product in descending order of their composition by weight or volume as the case may be.
- Declaration of “Vegetarian” or “Non-Vegetarian” by their Logo.
- The name and complete address of the manufacturer and manufacturing unit.
- In case where article of food is imported into India, The name and complete address of the importer in India.
- The net weight or number or measure of volume of contents.
- Batch number or Lot number or Code number.
- The month and year in which the commodity is manufactured or packed.
- Declaration of “Best Before” date on the package. It can also be expressed in terms of number of months before the best before date.
- The nutritional information or nutritional facts per 100 gm or 100 ml of per serving of the product shall be given in the label.
In case of imported packaged food consignments, the following special dispensation on 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 principle display panel namely:―
- Name and address of the importer;
- Food Safety and Standards Authority of India’s Logo and license number,
- Non-Veg or Veg Logo
- Category or sub category along with generic name, nature and composition for proprietary food
FICS (Food Import Clearance System)
FSSAI has an online system for clearance of food imports (Food Import Clearance System-FICS), which is seamlessly integrated with the Customs ICE-GATE under SWIFT (Single Window Interface for Facilitating Trade). Selective sampling & testing of food articles on the basis of risk profiling done by FSSAI is implemented at the Customs ICE-GATE.
The importer and the Customs Handling Agent (CHA) have to apply online for the clearance of consignments and obtain the NOC. First they have to register online at the FSSAI Food Import Clearance System. There is a separate for an importer and CHA which they have to fill up according to the information required by FSSAI. Importers need to provide their IECODE and also have to fill out the other information on the registration form.
Once an application is made in the Food Import Clearance System with documents, an FSSAI Officer will verify the documents, request more information if required. Once the application is accepted, the Importer/CHA will be requested to deposit fees for FSSAI clearance based on the number of samples. If they wish to view their application status then they can view that on the homepage itself. Since it is an internet based system it can be accessed any time by the importers and CHA by logging in with their individual user ID and passwords.
The food articles when referred to FSSAI for clearance by the Customs Authorities are subjected to scrutiny of documents, visual inspection, sampling and testing in order to determine whether or not they conform to the safety and quality standards established and laid down under various Food Safety and Standards Regulations. If sample is found conforming then No Objection Certificate (NOC) is generated and if not conforming, then Non-Conforming Report (NCR) is generated.
Appeal on Rejection (Review Process):
Importer can file review application with grounds of appeal in Form-6 to Director (Imports) against Non-Conforming Report issued by Authorized Officer. If Importer is not satisfied with the decision of first review, then he can file second review application with grounds of appeal in Form-6 of FSS (Import) Regulations, 2017 to CEO, FSSAI.
To know more about Eligibility Criteria, documentation required, and Licensing Conditions, For more information, please Chat with us Ask The Expert.
