The Food Safety and Standards Authority of India (“FSSAI”) in a Notification dated 04th March 2021 has issued the Draft Food Safety and Standards (Import) Amendment Regulations, 2021 (“Draft Regulations”) which proposes to further amend the FSS (Food Import) Regulations, 2017 (“Principal Regulations”).
Objections and suggestions, if any, may be addressed to the Chief Executive Officer, FSSAI, Food and Drug Administration Bhawan, Kotla Road, New Delhi – 110002, or may be sent through e-mail at regulation@fssai.gov.in by 4th May, 2021.
Key Highlights–
The FSSAI has proposed to omit sub-regulation (3) of regulation 7, the clause (b) of the Draft Regulations.
| Principal Regulations | Draft Regulations | Implication |
| 7. (3)(b) Food Import Clearance for Specific Purposes- 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 2, 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)(b) Food Import Clearance for Specific Purposes- 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 2, 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. |
The FSSAI has omitted provisions pertaining to Food Import Clearance for Specific Purposes. The provisions have been omitted with a view to simplify the procedure for food import clearance. |
Source: Food Safety and Standards Authority of India
