Prevention of Food Adulteration Act, 1954 and Food Safety and Standards Authority Act, 2006: - CBEC's Customs Manual 2023 - Customs

4. Prevention of Food Adulteration Act, 1954 and Food Safety and Standards Authority Act, 2006: 4.1 As per the Prevention of Food Adulteration Act, 1954 (PFA), any product not fulfilling the statutory provisions is not allowed to be imported into the country. Likewise, there are several rules, regulations, orders, notifications, etc. issued by the Government, laying down procedures as to how the imports of above products are to be dealt with. Further, the Food Safety and Standards Authority Act, 2006 (FSSA) seeks to replace many of the existing legislations including the PFA Act relating to import of edible items. The FSSAI has been established to lay down standards and regulate/monitor the manufacturing, import, processing, distribution and sale of food. The FSSAI has taken over PHO functions at select ports with the stipulation that the existing rule and procedures will continue to be followed without any change till FSSAI regulations are notified. Thus, FSSAI has replaced PHO with its authorized officers at select ports in terms of Section 47 (5) of the FSSA Act, 2006. 4.2 Operationalisation of SWIFT 1. Board Circular Nos. 03/2016-Customs dated 03.02.2016 and 10/2016-Customs dated 15.03.2016 were issued for operationalization of the Interface for Facilitation of Trade (SWIFT) from 01st April 2016 at all EDI locations throughout India. 2. Instruction No. 10/2018-Customs dated 29.05.2018was issued for clearance of food consignments by Customs officers at locations where FSSAI has provided delegation. 3. In SWIFT, the system automatically refers food-related consignments to the Food Safety Standards Authority of India (FSSAI) through a message exchange system established between ICEGATE and the Food Import Clearance System (FICS) operated by FSSAI. This automatic reference of imported food consignments is done in locations where FSSAI has its offices. For the remaining Customs EDI locations, the system generates instructions directing that Customs Authorized Officers may clear the consignment (wherever, such Authorized Officer are present) and in other locations where Authorized Officers are not present, the consignments were to be referred to Port Health officer for an NOC. 4. As of now, FSSAI has offices in 6 cities covering 21 ICES locations. For Customs locations where FSSAI does not have officers, FSSAI had issued order No. 1- 1371/FSSAI/ Imports/2015 dated 29th March 2016 delegating authority to Customs officers to perform the functions of an Authorized Officer under food safety laws. FSSAI has now issued order No. 1-1371/FSSAI/Imports/2015 (Part-7) dated 2nd May 2018 notifying Customs officer as Authorized officers under food safety laws. This order is in supersession of all previous notifications/ orders with regard to authorizing Customs officials to handle food import clearance. This order is also available at http://www.fssai.gov.in/home/imports/ orderguidelines.html. 5. In respect of the above notified locations, Commissioners of Customs are requested to suitably guide the officers responsible for clearance of food consignments. There should not be any Customs location which is not covered either by FSSAI officials or by the Authorized Officers of Customs. Therefore, Commissioners of Customs are also required to identify Customs locations, in their jurisdiction which are not notified under the said order and bring the same to the notice of the CBIC/ Single window. 6. FSSAI has also issued a list of accredited laboratories for the testing of all food-related consignments vide order F. No. 12012/02/2017-QA dated 1st August, 2017. This list can be accessed at http://www.fssai.gov.in/home/food-testing/Orders---Notice.html. Prior to clearance, the Customs officers posted in the shed should record in the system the acceptance or rejection of the consignments as part of the examination report as this would help in carrying out risk analysis. [Refer Circular Nos. 03/2016-customs dated 03.02.2016 , No. 10/2016-customs dated 15.03.2016 and Instruction No.10/2018 dated 29.05.2018 ] 4.3 PFA/FSSA lay down detailed guidelines for examination and testing of food items prior to Customs clearance. It is, thus, provided that the Customs shall undertake the following general checks and if the product does not satisfy these requirements, clearance shall not be allowed: (i) 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 referred to Authorised Representative of FSSAI or PHOs, as the case may be, for testing and clearance shall be allowed only after receipt of the test report as per the instructions contained in the Customs Circular No. 58/ 2001-Cus., dated 25-10-2001 . (ii) All consignments of perishable items like fruits, vegetables, meat, fish, cheese, etc., will continue to be handled in terms of the guidelines contained in Para 2.3 of the Board's Circular No.58/2001-Customs dated 25-10-2001 . (iii) In respect of food items not covered under (a) and (b) above, the following procedure would be adopted in addition to the general checks prescribed under Para 2.1 of the Circular No. 58/2001-Cus dated 25-10-2001 (amended by Circular No. 03/2011-Cus): (a) Samples would be drawn from the first five consecutive consignments of each food item, imported by a particular importer and referred to Authorised Representative of FSSAI or PHOs, as the case may be, for testing to ascertain the quality and health safety standards of the consignments. (b) In the event of the samples conforming to the prescribed standards, the Customs 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 Customs 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. (c) In case, a sample drawn from a food item in a particular consignment fails to meet the prescribed standards, the Customs 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. 4.4 The general checks include checking the condition of the hold in which the products were transported to see whether they meet the requirements of storage, as per the nature of the product, and does not in any way cause deterioration or contamination of the products. Also, physical/visual appearance in terms of possible damage - whether it is swollen or bulged in appearance; and also, for rodent/insect contamination or presence of filth, dirt etc. should be checked. Finally, it should be checked that the product meets the labelling requirements under the Prevention of Food Adulteration Rules and the Packaged Commodities Rules. This includes ensuring that the label is written not only in any foreign language, but also in English. The details of ingredients in descending order, date of manufacture, batch no., best before date etc. are mandatory requirements. All products will also have to indicate details of best before on all food packages. 4.5 Authorised Officers of FSSAI will ascertain that for the imported pre-packaged good items, the language and other major requirements of the label like mention of best before date, nutrition information etc. should comply the labeling provisions under PFA Rules, failing which sample may not be drawn from such consignment for testing. 4.6 Introduction of SWIFT has automatically integrated the RMS CCR instructions in the systems and the system automatically refers food-related consignments to the Food Safety Standards Authority of India (FSSAI) through a message exchange system established between ICEGATE and the Food Import Clearance System (FICS) operated by FSSAI. [Refer Circular Nos. 03/2016-customs dated 03.02.2016 , No. 10/2016-customs dated15.03.2016 and Instruction No.10/2018 dated 29.05.2018 ] 4.7 As per Para 13 of Chapter IA (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 PFA Act, 1954 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, Customs shall ensure that this condition is complied with before allowing clearance of such consignments. 4.8 At certain ports / airports / ICDs / CFSs where Port Health Officers (PHO) under PFA, 1954 or Authorised officers under FSS Act, 2006 are not available, the samples will be drawn by Customs and these may be got tested from the nearest Central Food Laboratory or a laboratory authorized for such testing by DGHS or FSSAI. As a measure of trade facilitation, while the CRCL labs are being upgraded, the Board identified laboratories where field formations may directly forward samples of certain goods to outside laboratories. However, field formations shall first ensure with their respective laboratories that the testing facilities for any particular items listed in the relevant Circulars are not available with them before forwarding such samples to outside Laboratory(s). [Refer Circulars No.58/2001-Cus., dated 25-10-2001 , No.43/2005-Cus., dated 24-11-2005 , No.3/2011-Cus., dated 6-1-2011 , Circular no. 43/2017- Customs dated 16.11.2017 , 11/2018- Customs dated 17.05.2018 and No. 28/2018- Customs dated 30.08.2018 .]