If you are an individual or an organization importing food products into India then you have to comply with the guidelines issued by Food Safety and Standards Authority of India.
The Food Safety and Standards Authority of India (FSSAI), India’s food regulator has issued certain norms for the import, labelling and packaging of products imported to India so as to do away with the concerns of sub-standard products entering the country.
Every food article should comply with the labelling requirements as per FSS (Packaging & Labelling) Regulations, 2011 and only the License No., FSSAI Logo and Name & Address of the importer is allowed to be displayed on a sticker which shall be affixed on the label. The importer should fulfill these requirements before the customs clearance.
- The consignments shall comply with the provision of Labelling and Packaging Regulation, 2011.
- Further, any consignment of multiple food or food falling under different categories packed in a single container shall be packed in such a manner so as to facilitate the inspection and collection of samples from the consignment.
- Special exemptions on labelling for information on name and address of the importer, FSSAI logo, Non-Veg/Veg logo can be affixed by the importer upon arrival of imported food consignment in the custom bonded warehouse. The AO shall pass an order directing the food importer to carry out the permissible labelling rectification within a prescribed time in the customs area without altering or masking the original Label information. Such deficiency shall be rectified by affixing a single non detachable sticker or by any other non detachable method. Upon such rectification by the food importer, AO shall carry out a re-inspection.
- If food importer fails to rectify the permissible defects within the prescribed time, the AO may pass an order refusing clearance of such imported food and issue a NCC.
- No other deficiency in label is allowed to be rectified and such consignment not complying with the provisions of labelling and packaging regulation shall be rejected at the visual inspection and no samples shall be drawn from the consignment.
- 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 food;
- Name and Quantity of preservative added while drawing the Sample, if any;
- Name and signature of the Food Importer or his/her CHA;
- Name and signature of the sender with official seal.
No-Objection Certificate:
The Authorised Officer can issue either of the two documents: No Objection Certificate (NOC) or Non Conformance Report (NCR). A NCR cites the grounds for refusal of Import clearance and the date on which the clearance of food was refused. A NOC is issued after assessing the safety of the food and permits the import of the food. It states the validity period within which the food has to be taken out by the Food Importer from the Customs area.
Review process:
The food importer can file a review application to the review officer on being aggrieved by any one of the following orders of the AO:
- Rejecting the clearance of the imported food article ion non-compliance with any of the conditions
- Any order directing the food importer to rectify the labelling of the food article.
- Rejection report issued on receipt of a non-conformance report from food analyst
Format of Review Application:
The review application shall be presented to the Review officer with the prescribed fee and the documents within 7 working days from the date of communication of rejection report to the food importer.
Such application can be accepted after the period prescribed if the review officer is satisfied that food importer had sufficient cause for not presenting it within that period.
The review application4 shall contain the following import details:
- Date of import
- Point of import
- Name of food article under consideration
- Product type
- Invoice value of food article
- Whether the goods are perishable or not
- Balance shell life of the food item
- End usage
Further, the review application should have the rejection report details:
- Date of rejection report sought to be reviewed
- Name of the authority who passed the impugned order
- Place where the impugned order was passed
- FSS (food import) regulation under which the rejection report was passed.
- Relief claimed in the appeal
- Grounds of appeal (must be numbered)
- Statement of facts
- A verification form should be present stating that the information disclosed in the review application is true to the best of the knowledge of the appellant.
