The Ultimate Guide to Navigating Food Import Regulations in India
Shabana A
October 22, 2024 at 07:48 AM
To ensure the availability of wholesome and secure food for human consumption, the Indian government regulates the import of food commodities through a variety of ministries and organizations. Among the principal agencies that creates regulations, controls, and monitors food products’ entry into India is the Food Safety and Standards Authority of India. In order to approve imported food items, the FSSAI has created Standard Operating Procedures. If the food products are not imported in compliance with FSSAI legislation and the suggested procedures are not followed during the import of food items, the cargo will be denied and will not be allowed to be sold in India.
Thus, prior to importing food goods into India, a company has to be aware of the FSSAI regulations and procedures relevant to food imports. This article will provide us a broad rundown of the procedures to consider while bringing food products into India.
Procedures for Food Importation into India
1. Obtain an export and import code from DGFT
The Importer-Exporter Code (IEC) is a crucial document to get while exporting or importing goods into India. Applications for an IEC must be made well in advance by the importing party, since it is necessary to get the necessary permissions and No Objection Certificate (NOC).
2. Acquiring an importer license from the FSSAI
The acquisition of an FSSAI Importer License is a mandatory requirement for anybody shipping food products or ingredients into India. This license is required to guarantee food safety regulations are followed and traceability is maintained. The following steps must be taken in order to submit an application for an FSSAI importer license:
- Visit the Food Safety Compliance System (FoSCoS) official website and navigate to the “License/Registration” section of the homepage.
- Check that you have read any notes or directions before submitting the application. Select the state.
- Select “Importer” under the trade/retail column after clicking “Group Heads of Kind of Business.”
- Look through the definition included in the section on importers’ types of businesses and select the option to submit an application for a central license. Next, click “Proceed” to continue.
- Complete all fields that are necessary based on Form B. Given that your phone number or email address will be used for any official communications, please input your information with additional caution. Provide the relevant GST, PAN, and CIN data for the company or organization as well.
- Completing the Product Selection page with the necessary information will guarantee DGFT (Directorate General of Foreign Trade) authorization. Once you are satisfied that everything is accurate, select “Proceed with DGFT Authentication” and then “Save” to keep the data.
- Choose “Save & Next” when the DGFT validation has successfully finished. After filling out the application, choose one of the approved payment options to cover the required expenses.
- Provide every required file, which often includes:
- A list of every executive member, partner, director, and owner of the trust or society, together with their full address and phone number.
- A valid picture ID and proof of residence must be provided by the regulatory authority representing the owner, partner, directors, or other authorized signatory.
- The memorandum of articles of association, the proprietorship self-declaration, or the partnership agreement specifying the regulations of the company.
- Form IX, which requests the nomination of personnel by the company together with the board resolution, is not required to be submitted by proprietorship firms.
- The IE Code document was released by DGFT.
- A receipt including a 17-digit reference number is generated upon the completion of the payment process. This is a reference number that you may monitor and use later on.
- Users can monitor the application’s development on the FoSCoS website.
3. Customs clearance
The importer of food enterprises is required to initiate the customs clearance process prior to the food shipment arriving at an Indian ports or airport.
The steps involved in importing food products and completing customs clearance are as follows:
- Inform the Customs Handling Agent (CHA) that you possess authority. Food product importers are obliged to prepare an Authority Letter in the name of a Customs Handling Agent, or CHA. Sending this letter to the FSSAI, or Authorized Officer, gives the CHA permission to represent the importer during the customs clearance procedure.
- Arrival of the shipment: When the food consignment arrives at the Indian port of entry—by air or sea—the authorized Customs Handling Agent takes charge of the process.
- Application for clearance: Using the authorization letter as a guide, the Customs Handling Agent asks the Department of Customs to clear the consignment. This application is often filed with a Bill of Entry, a formal document that contains information on the imported goods, their value, and other relevant details.
- Customs verification: An official customs officer thoroughly inspects the consignment. Part of this process involves physically inspecting the items to search for any evident issues, such damage or bug infestations.
- Customs procedures: The Government Customs Agent releases the package after confirming that all conditions have been met. Verifying that all applicable taxes and customs charges have been paid might be one stage in this procedure.
- Payment of customs duties: The operator of the importing food company must pay the applicable duty and taxes in order to have the food consignment cleared for shipping. In accordance with Indian customs regulations and the approximate value of the imported goods, payment is often made.
- Customs clearing certificate: The Government Customs Agent issues a Customs Clearance Certificate, allowing the consignment to proceed to the next stage of the import process, when all relevant customs processes have been completed successfully and payment has been made.
4. Requesting approval from FSSAI
In India, in order to receive FSSAI certification for imported food commodities, Customs Handling Agents must follow a strict protocol and provide specific documents. The list of documents required for FSSAI clearance is summarized as follows:
Documentation that is needed:
- IEC provided by the DGFT.
- Food business license issued by FSSAI.
- The Bill of Entry.
- Customs’ EDI system produced an examination order that needed the FSSAI’s NOC.
5. FSSAI’s visual examination and laboratory analysis
An application is submitted in the Food Import Clearance System (FICS) together with the necessary documentation, and an FSSAI representative conducts a thorough verification. If further information is needed, the officer is able to obtain it. Following application acceptance, the importer needs to pay the necessary fees (which change according on sample quantity) to get FSSAI approval.
The consignment is subjected to a visual inspection, arranged by the FSSAI Officer. Over the course of this examination, the following requirements are verified:
- Physical State: The cargo is inspected for observable insect infestations and fungal infections.
- Remaining Shelf Life: The valid remaining shelf life of a product must be greater than sixty percent of its original shelf life in order for it to be approved for import.
- Compliance with Rules: The consignment is examined to ensure that it conforms with both the FSS (Packaging and Labelling) Regulations, 2011 and product-specific labeling requirements.
- Labeling inaccuracies: Report any inaccuracies on the label, including the name and address of the importer, the FSSAI logo and license number, and the symbols designating vegetables and non-vegetables.
After being visually inspected, two samples are removed from the cargo so they may be examined further. One sample is sent via the FICS to a randomly selected lab. The second sample is stored appropriately in case more testing is needed.
The lab analyzes imported food samples in accordance with the Food Safety and Standards Act and Regulations. The lab shall give its report to the authorized official within five days following the test in order to render an authoritative determination about whether the tested product complies or does not comply with the specified standards.
6. Permission to bring food items into India from outside
The final step in importing food into India is obtaining certification and permission from the Food Safety and Standards Authority of India (FSSAI). There are the following processes to be considered:
Validation of the Lab Report
A report from the accredited laboratory confirming that the food consignment complies with FSSAI regulations is an essential document in the clearance process. It demonstrates that the imported food product complies with the safety and quality standards set out by the FSSAI.
No objection certification (NOC)
After the laboratory result is received, the FSSAI Officer will certify that the food product complies with FSSAI regulations. This NOC essentially certifies the safety, conformity, and acceptance of the imported food product for consumption in India. This crucial accreditation is necessary for the food product to be marketed solely in India.
Certificate of non-conformance (NCC)
The food shipment may not fulfill FSSAI regulations, as determined by the examination findings, in which case a Non-Conformance Certificate (NCC) may be issued. The product may be rejected or face additional regulatory actions if it does not meet the requirements, as demonstrated by this certificate.
Permission to Import
The food product may be allowed for importation into India when the NOC is issued and a compliance evaluation is completed. The customs processing company will make it simpler for the consignment to exit the customs facility.
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