MANU/CUST/0025/2023

Ministry : Ministry of Finance

Department/Board : Central Board of Indirect Taxes and Customs

Instruction No. : 09/2023-Customs

Date : 07.03.2023

Notification/Circulars Referred : Instruction No. 10/2022-Customs dated 28.06.2022 MANU/CUST/0045/2022;F. No. 1828/Misc-Matter/FSSAI/Imports-2021 dated 17.06.2022 MANU/HFAM/0091/2022;Circular No. 03/2019-Customs dated 31.01.2019 MANU/CUCR/0003/2019

Citing Reference:
Instruction No. 10/2022-Customs dated 28.06.2022 MANU/CUST/0045/2022  Referred

F. No. 1828/Misc-Matter/FSSAI/Imports-2021 dated 17.06.2022 MANU/HFAM/0091/2022  Referred

Circular No. 03/2019-Customs dated 31.01.2019 MANU/CUCR/0003/2019  Referred

To

All Principal Chief Commissioner/Chief Commissioner of Customs/Customs
(Preventive)/Customs and Central Taxes,
All Principal Commissioner of Customs/Customs (Preventive)
Pr. Director/Director Generals under CBIC

Madam/Sir,

Rectifiable labelling information for imported food consignments

1. Reference is invited to Instruction No. 10/2022-Customs dated 28.06.2022 relating to the above subject (copy enclosed), issued based on FSSAI's letter vide F. No. 1828/Misc-Matter/FSSAI/Imports-2021 dated 17.06.2022 to rectify certain labelling information, in addition to rectification of labelling deficiencies already provided under FSS regulations and orders issued there under.

2. Vide the Order dated 18.11.2022 issued under F. No. Import/TFM/APEX/2022-FSSAI (copy enclosed), FSSAI has informed that "to facilitate ease of trade while ensuring the safety of food imported into India, that all non compliant labels on imported food consignment may be permitted for rectification at port itself This rectification has to be carried out at Customs bound warehouse, before visual inspection or re-inspection by the Authorised Officer or his representative, by affixing a single non-detachable sticker or by any other non-detachable method. This Authorised Officer/his representative shall verify the label compliance during visual inspection and the consignment shall be subjected to sampling and testing only if it is compliant on labelling requirements as per the FSS Regulations."

3. In continuation to the FSSAI's Order dated 18.11.2022, FSSAI vide its clarification dated 27.12.2022 (copy enclosed) has further stated that,

"The labels on imported food consignments which are found to be non-compliant by laboratory during analysis, the importer may rectify the label and the concerned AO (Authorised Officer)/his representative shall verify the compliance and issue the No Objection Certificate (NOC) for the said consignment".

4. In the context of rectification being carried out in Customs bonded warehouses, the clarification provided vide Circular No. 03/2019-Customs dated 31.01.2019 (copy enclosed) may also be noted.

5. It is requested to sensitize the officers and trade under your jurisdiction on the above orders of FSSAI by way of issue of suitable public notice/standing order.

6. The Instruction No. 10/2022-Customs dated 28.06.2022 is modified to the above extent.

7. The difficulties, if any, in the implementation of this Instruction may be brought to the notice of the Board.

8. Hindi version follows.

[F. No. 401/44/2022-Cus.-III]
(Eric C. Lallawmpuia)
OSD (Customs Policy)

File No. Import/TFM/APEX/2022-FSSAI

Food Safety and Standards Authority of India

(A Statutory Authority established under the Food Safety and Standards Act, 2006)

FDA Bhawan, Kotla Road, New Delhi-110002

18th November, 2022

ORDER

Rectifiable labeling information for imported food consignments-reg.

1. With a view to facilitate ease of trade while ensuring the safety of food imported into India, based on the provisions under Reg 6(4) of FSS (Import) Regulations, 2017, it has been decided by the Competent Authority that all non complaint labels on imported food consignment may be permitted for rectification at port itself.

2. This rectification has to be carried out at Customs bound warehouses, before visual inspection or re-inspection by the Authorised Officer or his representative, by affixing a single non detachable sticker or by any other non-detachable method.

3. The Authorized Officer/his representative shall verify the label compliance during visual inspection and the consignment shall be subject to sampling and testing only if it is compliant on labeling requirements as per the FSS Regulations.

4. This issues with the approval of the Competent Authority.

(Dr. Amit Sharma)
Director (TIC), FSSAI-HQ

File No. Import/TFM/APEX/2022-FSSAI

Food Safety and Standards Authority of India

(A Statutory Authority established under the Food Safety and Standards Act, 2006)

FDA Bhawan, Kotla Road, New Delhi-110002

27 December, 2022

Clarification

Clarification with respect to Rectifiable labelling information for imported food consignments-reg.

1. In continuation to the order issued regarding 'Rectifiable labelling information for imported food consignments' dated 18th November 2022, it is to further clarify that,

2. The labels on imported food consignments which are found to be non-compliant by laboratory during analysis, the importer may rectify the label and the concerned AO/his representative shall verify the compliance and issue the No Objection Certificate (NOC) for the said consignment.

(Dr. Amit Sharma)
Director (Trade & IC)