Import of Edible/ Food Products - - Customs - 34/2014

OFFICE OF THE COMMISSIONER OF CUSTOMS (I G) NEW CUSTOM HOUSE, NEAR IGI AIRPORT NEW DELHI-110037 C. No. VIII (12) I G/Tech/ 121/2012/21568 to 21592 Dated 05/08/2014 PUBLIC NOTICE NO. 34/2014 Subject:- Import of Edible/ Food Products - regarding. Kind attention is invited to the Customs Act, 1962 and Food Safety and Standards Act, 2006 (FSS Act, 2006) in terms of. CBEC Circular No. 3/2011-Customs dated 6.01.2011. 2. Para 11 of the Circular No. 3/2011 dated 06.01.2011 prescribes an alternative for Ports / Airports / ICDs / CFSs where Port Health Officers (PHO) under Prevention of Food Adulteration Act, 1954 (PFA Act, 1954) or Authorised officers under FSS Act, 2006 are not available. In such cases the samples will be drawn by Customs and the same may be got tested from the nearest Central Food Laboratory or a laboratory authorized for such testing by DGHS or FSSAI. The List of approved laboratories is attached with this Circular and is annexed as Annexure-A. 3. Following procedures in addition to the procedure currently in vogue is prescribed for clearance of food and edible items at Air Cargo Import Shed. (a) In the event of concerned officer from FSSAI not being readily available the samples may be got drawn by the AC/DC (Import Shed) in terms of DGFT Policy Circular 25 (RE-2003)/2002-007 dated 28.01.2004 and 37 (RE-2003)/2002-2007 dated 14.06.2004 . (b) All consignments of high risk food items as listed in DGFT Policy Circular No. 37(RE-2003)/2002-2007 dated 14.06.2004 (as may be modified from time to time) shall be sent for testing to Central Food Laboratory or a laboratory authorized for such testing by DGHS of FSSAI and clearance shall be allowed only after receipt of the test report. (c) Food products which are of perishable nature like fruits, vegetables, meat, fish, cheese, etc., notwithstanding anything contained in Para 3(b) above, shall not be subjected to routine drawl of samples and testing prior to clearance. Such items shall be cleared after conducting general checks and by relying on the certificates from the internationally known testing labs or government labs about these products conforming the food safety and quality of such products. However, random sampling/ testing shall be done in such cases after due approval of shed DC /AC. (d) In respect of food items not covered under (b) and (c) above, the following procedure would be adopted in addition to the general checks: (i) Before the consignment is taken up for examination, the importer/CHA shall make declaration in writing providing the complete packing list containing the brand name and packing (weight etc.) particulars of the food item for clearance. Importer shall also declare whether the individual consumer packs are duly labeled in English language and containing all necessary and relevant information. (ii) Samples would be drawn from the first five consecutive consignments of each food item (preferably complete consumer pack including its label), imported by a particular importer and referred to Central Food Laboratory or a laboratory authorized for such testing by DGHS or FSSAI for testing to ascertain the quality and heath safety standards of the consignments. This would be irrespective of import, if the importer supplier and the product remains the same. (iii) In the event of the samples conforming to the prescribed standards, the AC/DC (Import Shed) would switch to a system of checking 5% -20% of the consignments of these food items on a random basis, for checking conformity to the prescribed standards. The selection of food items for random checking and testing would be done by the AC/ DC (Import Shed) taking into consideration factors like the nature of the food products, its source of origin as well as track record of the importers as well as information received from FSSAI from time to time. (iv) Where a product of SAME brand and SAME manufacture imported by an importer has been tested and allowed clearance, the same test result shall be taken into consideration for clearance of another consignment by another importer if it fulfils all other criteria such as labeling residual shelf life etc. This criterion shall NOT be applied to clear similar products. (v) In case, sample drawn from a food item in a particular consignment fails to meet the prescribed standards, the AC/DC (Import Shed) would place the import of the said consignment on alert, discontinue random checking for import of such food items and revert to the procedure of compulsory checking. The system of random sampling for import of such food items would be restored only if the test results of the samples drawn from the 5 consecutive consignments re-establish that the food items are in conformity with the prescribed standards. 4. AC/DC (Import Shed) will ensure that for the imported pre-packaged good items the language and other major requirements of the label like mention of date of manufacture, best before date, nutrition information, name and address of importer in India etc., should comply the labeling provisions under FSS Act and Rules made thereunder failing which sample may not be drawn from such consignment for testing. It must be ensured that all such details are mentioned at least in English language. If the label does not conform to specifications as prescribed or is not in English Language such products shall not be cleared. 5. Further as per Para 13 of Chapter 1A (General Notes Regarding Import Policy) of the ITC (HS) Classification of Export and Import items, import of all such edible/ food products, domestic sale and manufacture which are governed by FSS/PFA Act shall also be subject to the condition that at the time of importation, the products are having a valid shelf life of not less than 60% of the original shelf life. Shelf life of the product is to be calculated based on the declaration given on the label of the product, regarding its date of manufacture and the due date for expiry. Therefore, AC/DC (Import Shed) shall ensure that this condition is complied with before allowing clearance of such consignments. 6. All Bills of entry for food items shall be presented to AC/DC (Import Shed), before OOC. AC/DC (Import Shed) shall be responsible for ensuring compliance of these instructions. 7. Difficulties, if any, in implementation of these instructions may be brought to the notice of the undersigned. (Neeta Lall Butallia) Commissioner (Import General)