Food Import Regulation

“Food Importer” means a Food Business Operator importing or desirous of importing article of food into Indian territory, who is duly licensed as Importer under the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011 made under the Act;

Licensing of Food Importers:

• No person shall import any article of food without an import license from the Central Licensing Authority in accordance with the provisions of the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011.
• No article of food shall be cleared from the custom unless it has a valid shelf life of not less than sixty per cent at the time of import.
• For the purposes of sub – regulations (1) and (2), the Food Importer shall register himself with the Directorate General of Foreign Trade and possess valid Import-Export Code.

Suspension or cancellation of license:

• The Licensing Authority may cancel or suspend food import license granted under regulation 3 for contravention of the provisions of these regulations or the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011.
• Notwithstanding anything contained in regulation 3, the Licensing Authority after giving the Food Importer an opportunity to be heard, may cancel the Food Import license granted under any other regulations made under the Act, if the Designated Officer or Authorised Officer or any officer Authorised by the Food Safety and Standards Authority of India have reasons to believe that, -
• there is sufficient ground to believe that the Food Importer has attempted to import unsafe articles of food, prohibited articles of food or articles of food from prohibited sources, directly or indirectly, including re-channeling or re-packing;
• the Food Importer fails to comply with the conditions of the license, these regulations, or the undertaking of intended end use.
• The Food Importer shall inform the Central Licensing Authority and the Authorised Officer of any suspension, revocation or cancellation of the certificate of Importer-Exporter Code, granted in its favour by the Directorate General of Foreign Trade not later than three working days from the date of such order of suspension, revocation or cancellation.
• When the certificate of Importer – Exporter code granted by the Director General of Foreign Trade is suspended, revoked or cancelled, the import license granted under the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011 shall be deemed to have been cancelled.
• The Licensing Authority may reconsider and issue license that has been cancelled by the Licensing Authority under the Act, as a consequence of the suspension, revocation or cancellation of certificate of Importer-Exporter Code granted by the Directorate General of Foreign Trade with previous license number within seven days of an application made by the importer for a license if-
• the suspension, revocation or cancellation of the importers certificate of Importer-Exporter Code granted by the Directorate General of Foreign Trade has been withdrawn; or set aside;
• or a fresh certificate of Importer-Exporter Code has been issued to the said Importer by the Directorate General of Foreign Trade.

Clearance of Imported Food by the Food Authority:

• Upon arrival of the food consignments at the port, the importer or Custom House Agent shall file an Integrated Declaration Form as specified by the Customs.
• The Form forwarded from Customs to the Food Import Clearance System of Food Safety and Standards Authority of India shall be processed in the following manner, namely: ―
• the Authorised Officer shall scrutinise the Form and may seek clarification if required;
• upon satisfactory scrutiny, the applicant shall pay the fees as specified by the Food Authority for scrutiny of documents, visual inspection and drawing of sample;
• where a single bill of entry is made up of articles of food consignment consisting of multiple categories of articles of food, inspection fee shall be paid for each category of articles of food;
• the Food Authority shall specify and review the inspection fee from time to time;
• on receipt of the fees, the Authorised Officer shall intimate the details of date and time of inspection to the Food Importer to facilitate the presence of the Food Importer or his Custom House Agent/ Authorised representative at the time and place of inspection.
• The Food Importer or his authorised representative shall remain present at the customs area at the appointed time to participate and facilitate visual inspection, assist in drawing of samples, if required, assist in the import clearance proceedings as instructed by the Authorised Officer or his representative and witness proceeding, sealing of samples by the Authorised Officer or his representative and affix his counter signatures on the sealed samples.
• If the Food Importer or his Custom House Agent is not present to facilitate the inspection and sampling in spite of two opportunities having been granted, the Authorised Officer may refuse to grant further opportunity for inspection and sampling of the food consignment:

Provided that any further opportunity in this behalf may be granted by the Chief Executive Officer or his authorised representative after levy of suitable fee on the Food Importer as may be specified by the Authority from time to time.

• The report of the visual inspection shall be submitted in FORM – 1.

Compliance with standards for packaging and labelling:

• No Food Importer shall import articles of food that is not transported, or stored in optimal storage conditions of temperature and hygiene, packaged and labeled as per the regulations applicable to that particular article of food.
• Any consignment of food or multiple foods or food falling under different categories packed in a single container or carton or pallet or skid, shall be packed in such a manner that the Authorised Officer has easy access to all of them for inspection and sampling.
• If there is no proper stuffing list in respect of article of food, the Authorised Officer shall direct the customs officer to issue an order for de-stuffing the container and facilitate the de-stuffing, in order to facilitate inspection and sampling.
• 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
• In respect of the rectifiable labelling deficiencies referred to in sub – regulation (4), the Authorised Officer may pass an order directing the Food Importer or his authorised agent to carry out the permissible labelling rectifications, within a specified time in the customs area without altering or masking the original label information in any manner.
• On rectification by the Food Importer, the Authorised Officer shall carry out a re-inspection of the articles of food and if satisfied, draw the sample, subject to all other conditions being fulfilled by the Food Importer.
• In case the Food Importer fails to rectify the permissible defects referred to in sub – regulation (4), within the specified time, the Authorised Officer may pass an order refusing clearance of such imported articles of food and issue a non-conformance report.
• If the Authorised Officer is satisfied that the Food Importer has complied with the provisions of these regulations, the Authorised Officer or his representatives shall draw two parts of food sample from the imported articles of food in the customs area in the presence of Food Importer or his Custom House Agent for testing the samples.
• If the food analyst seeks additional information on ingredients or on any other parameters after receipt of the food sample, the Authorised Officer shall direct the Food Importer to provide such information duly supported by documentary evidence.
• The Authorised Officer shall reject the consignment not complying with the provisions of Labeling and Packaging Regulations, 2011 at the visual inspection and no sample shall be drawn from the consignment

Food Import Clearance for Specific Purposes:

• Nothing contained in these regulations shall apply to any person bringing in any article of food for his personal use provided that the value of such article of food shall not exceed the amount as allowed by custom from time to time.
• The person carrying the imported articles of food for personal consumption shall submit the declaration in FORM- 7.
• Unless otherwise specified, the customs authority need not to refer the imported articles of food-to-Food Authority for clearance if such articles of food are meant for the following purpose, namely
• export as per the extant instructions and export rejected or re- imported articles of food meant for reexport of the Government;
• the articles of food or ingredients or additives which are being imported by the manufacturers or processors for their captive use or production of value added products for hundred per cent exports; or the consignments of articles of food or ingredients or additives imported by the firms or companies for use of their sister concerns or wholly owned subsidiary companies, to be used for hundred per cent export production subject to a defined relationship agreement between the two entities in this behalf;
• The clearance of food imports shall be dealt in accordance with the provisions of Vienna Convention on Consular Relations, 1963 (Article 50 of the Vienna Convention on Consular Relations, 1963).
• The clearance of food import for the purposes of research and development may be allowed subject to –
• the import being undertaken by a licensed Food Importer;
• declaration by the Food Importer in FORM – 9 to the effect that the imported articles of food shall be utilised for aforesaid purpose only;
• not released into the domestic market or used for test marketing or market research purposes.
• There shall be following procedure for clearance of food imported for exhibition purposes, namely: ―
• the exhibitor shall comply with the requirements, if any, specified by the custom and the exhibitor shall declare this in FORM- 10;
• The food importer shall also submit a copy of the Registration or License or Food Safety certificate issued by the Authorised Agencies of the country of origin, in case the articles of food are proposed to be used for tasting purposes;
• The food products, included in the list of prohibited items for import, of the Directorate General of Foreign Trade, or specified by the Food Authority from time to time, shall not be allowed to be imported for exhibition or tasting purposes;
• all products for exhibition shall bear an additional non-detachable label or sticker stating: “For Exhibition purpose only” and “Not for sale”;
• the food importer may be permitted to affix additional label in the custom-bonded warehouse, if not already affixed;
• The importing exhibitor shall maintain the bills of material―
• of the items imported for exhibition;
• of the items consumed for tasting purposes or destroyed;
• of the items for re-export to the country of origin at the end of the exhibition, fair or event and shall be liable to submit such details on demand by the Authorised Officer;
• There shall be a placard shall be prominently displaying at the place of exhibition of such food items stating ‘For Tasting Only’.
• The unconsumed portion of the articles of food, which have been opened for tasting, shall be destroyed after the exhibition by the Food Importer as per the procedure.
• The unopened and unconsumed articles of food shall be re-exported in securely packed condition under intimation to the Authorised Officer by the Food Importer.
• The Food Authority may allow the clearance of food imports from a foreign country, exclusively meant for consumption by the sportspersons of such exporting country.
• The quantity of imported articles of food shall not exceed the bona fide requirements for captive use or consumption by the persons concerned of such exporting country for the duration of their stay or event, whichever is earlier and the balance unconsumed articles of food shall be re-exported to its country of origin by the Authorised member of the delegation under intimation to the Authorised Officer.
• The importer shall submit the declaration in FORM - 11 for clearance of imported food consignment.
• The Food Importer or any person or entity concerned shall be debarred from any concessions or facilities set out, in future, in addition to the consequences in accordance with the provisions of the Act and the rules and regulations made thereunder, The case of contravention of any of the conditions stated in these regulations
• The quality or safety of imported articles of food shall be ensured through safety certificates issued by the competent authority of the donor country or agency, Where any article of food is received gratis from other countries in case of any disaster or emergency situations in any part of the country.

Storage and Sampling of Imported Food:

• No consignment of food articles shall be stored in a manner that one type of articles of food come in contact with other type of articles of food.
• The imported articles of food shall be stored in accordance with the specified storage conditions in the custom warehouse before clearance, failing which, the concerned Authorised Officer may refuse to grant no objection certificate for import clearance of the food consignment.
• The port authorities and custodian of freight stations shall ensure adequate and conducive storage infrastructure; meeting the safe storage of various types of imported food consignments in the customs area till the imported articles of food is cleared by the custom authority.
• In case of imported article of food which requires special storage condition, the Authorised Officer shall verify the true storage conditions required for the consignment.
• The Authorised Officer shall confirm from the cargo operator or Custodian of freight stations regarding the availability of desired special storage facilities at the custom bonded area at the port or airport.
• In case of non – availability of storage facility, the Authorised Officer shall confirm from the department of custom their no objection to treat importers warehouse as custom bonded area.
• For the purpose of sub-regulation (6), the Authorised Officer shall take an undertaking from the importer in FORM - 12, and issue provisional no objection certificate to the importer to move the food consignment to a well-equipped storage facility.
• In case of non-compliance of any of the provisions of regulation, the importer shall not be eligible to avail any facility in future and also liable for other appropriate actions as per the prevailing law.
• The Authorised Officer may issue a no objection certificate to the importer if he is satisfied on the basis of the analysis report conforming to standards.
• The importer or customs shall ensure sale only after clearance based on no objection certificate.

Sampling of Imported Food in respect of imported article of food:

• The Authorised Officer or his representative shall ensure compliance with the Food Safety and Standards (Labelling and Packaging) Regulations, 2011 and with a valid balance shelf life in respect of imported article of food in the following manner, namely:―
• shall draw two parts of food sample of each description or measures (except for aseptic sealed packages);
• forward to the food analyst such quantity of sample as specified under the Food Safety and Standards (Laboratory and Sample Analysis) Regulations, 2011;
• seal the samples;
• If the imported articles of food is packed in a sealed bulk container by the manufacturer in order to maintain aseptic or hygroscopic condition, which is required to retain the character of the article of food, the manufacturer shall provide two representative sealed samples from the same batch along with a declaration by the manufacturer stating that the articles of food in the sealed container match with the representative samples placed in the sample containers.
• Where the representative sealed sample referred to in clause (a) with a manufacturer undertaking is not provided by the Food Importer, the Authorised Officer is empowered to break open the seal and collect a sample for lab analysis.
• The Authorised Officer may collect a representative sample from the sealed container, for lab analysis, wherever the provided sealed representative samples appear to be doubtful.
• In respect of imported articles of food having shelf-life less than seven days, the applicant shall declare the same in FORM - 13 allowing the Authorised Officer to draw sample and issue provisional no objection certificate to the customs, without waiting for the analysis report from laboratory and on receipt of the report analysis from the laboratory, the Authorised Officer shall communicate to the customs along with no objection certificate if products conform to the standard.
• In case of non – conformance of the sample, the Authorised Officer shall immediately inform the Importer or Custom Broker, to initiate recall of that consignment and submit a compliance report as specified in the Food Safety and Standards (Food Recall Procedure) Regulations, 2017.
• The Food Authority shall alert all import points to maintain vigil on imports of products manufactured by the same company or similar products imported by the same importer or Custom Brokers.
• The sealed sample of imported articles of food shall bear the following information on the Label, namely: -
• code number of the sample;
• date and place of collection;
• quantity of sample;
• name of articles of food and category as per the Food Safety and Standards (Food Product Standards and Food Additives) Regulations-2011.
• name and quantity of preservative added while drawing the sample, if any;
• name and signature of the Food Importer or his Custom House Agent and;
• name and signature of the sender with official seal.
• The Authorised Officer shall forward one part of the sealed and labelled articles of food to the Food Analyst who shall analyse or cause to be analysed by a notified laboratory under regulation 2.1 of the Food Safety and Standards (Laboratory and Sample Analysis) Regulations, 2011.
• The remaining parts of the food sample after forwarding one part of the sealed and labeled articles of food referred to in sub – regulation 7, shall be stored in appropriate conditions by the Authorised Officer or his authorised representative.
• On the sample being found to be safe, the remaining sample shall be returned to the food importer.
• If the sample found to be unsafe, on request received from Food Importer, the second sample may be forwarded to the Referral Laboratory for analysis.
• The rejected export consignments by foreign countries that have been returned to India as the country of origin shall be subject to these regulations except that the packaging and labelling requirements shall be in accordance with the country of export and the importer shall submit rejection documents of the country of export.
• The Food Analyst shall analyse or cause to be analysed by a notified laboratory an article of food forwarded by the Authorised Officer as per the parameters specified in the Act and the regulations made thereunder and shall forward his report within five days to the Authorised Officer whether the product is conforming or non-conforming.
• If the sample cannot be tested by the laboratory within the specified time it shall state the reasons for the same in writing to the Authorised Officer. The food analyst shall forward the report of analysis to the Authorized Officer duly signed by him.

Laboratory – Analysis of Samples of Imported Articles of Food:

• The sample of imported articles of food forwarded by the Authorised Officer shall be caused to be analysed by the laboratories notified by the Food Authority.
• The fees payable for analysis of imported articles of food by referral or notified laboratory shall be as specified by the Food Authority from time to time.
• The Authorised Officer shall forward the first part of the sample of imported article of food for laboratory analysis to a Food Analyst of a laboratory notified by the Food Authority under sub-section (1) of section 43 of the Act and Food Safety and Standards (Laboratory and Sample Analysis) Regulations, 2011.

Scheme for Risk based Food Import Clearance:

• The 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.
• For the purposes of sub – regulation (1), the Food Safety and Standards Authority of India shall profile the Importer, Custom House Agents, imported product, manufacturer of the imported product, country of origin, source country of the consignment, port of entry, compliance history and any other parameters deemed fit for profiling the risk associated with the commodity.
• Food Authority may specify the sampling frequency to be conducted for the import of different categories of food products
• The Food Authority may introduce Pre-Arrival Document Review for regulating the imports.

Prohibition and Restrictions on Imports of Article of Food:

• The Food Authority may prohibit or restrict import of any article of food based on risk perception or outbreak of disease and issue orders as it deems fit in this regard.
• The Food Authority may issue order or advisory or guideline as it deems fit, from time to time for ensuring the safety and wholesomeness of articles of food imported into India and such prohibitions and restrictions shall be informed to the customs immediately.
• Every Food Importer to whom any order or direction is issued in pursuance of any provisions of these regulations shall comply with such order or direction and if the Food Importer fails to comply with such direction or order, the Food Authority may cancel the import license issued to the Food Importer.
• The customs authorities, port authorities or any other agency involved in the clearance, rejection, auction or destruction of imported articles of food in the customs area shall provide all such statistics to the Food Authority on a quarterly basis.

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