Food Safety and Standards (Import) First Amendment Regulations, 2022 notified; FBOs required to comply with the amended provisions from 1st September, 2022

7. (3) 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-

b. 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;

Explanation 1.- For the purposes of clause (b) of sub – regulation 3, the importer shall declare in FORM – 8 regarding the captive or end use of the imported product to the Customs Department at the time of filing the bill of entry, declaring that the imported articles of food is meant to be used by the importer for hundred per cent export or re-import of articles of food for export again as the case may be, and that no part thereof shall be supplied for domestic consumption.

Explanation 2.- The facility under clause (b) of sub – regulation 3 shall not be applicable in the case of trading entities, which do not import such items for their captive use in view of the problems associated with traceability of the end-use of such items.

7. (3) 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-

b. the articles of food or ingredients or additive 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 and accompanied with Sanitary/Health Certificate issued by the Competent Authority of an exporting country;

Explanation 1.- For the purposes of clause (b) of Sub- regulation (3), the importer shall declare in FORM – 8 regarding the captive or end use of the imported product to the Customs Department at the time of filing the bill of entry, declaring that the imported articles of food is meant to be used by the importer for hundred per cent export or re-import of articles of food for export again as the case may be, and that no part thereof shall be supplied for domestic consumption.

Explanation 2.- The facility under clause (b) of Sub- regulation (3) shall not be applicable in the case of trading entities, which do not import such items for their captive use in view of the problems associated with traceability of the end-use of such items.

1. the articles of food or ingredients or additive imported by the manufacturers or processors for their captive use or production of value added products for hundred per cent exports;

2.       the consignments of food articles 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 and accompanied with Sanitary / Health Certificate issued by the Competent Authority of an exporting country;