The Food Safety and Standards Authority of India (“FSSAI”) has published the draft of the Food Safety and Standards (Import) Amendment Regulations, 2020 (“Draft Regulations”) which proposes to make further amendments to the Food Safety and Standards (Food Import) Regulations, 2017 (“Principal Regulations”).
Objections and suggestions have been invited on the Draft Regulations and the same may be addressed to the Chief Executive Officer, Food Safety and Standards Authority of India, FDA Bhawan, Kotla Road, New Delhi- 110002 or e-mailed to regulation@fssai.gov.in by 9th January, 2021.
The Draft Regulations will come into force either on 1st January, 2021 or 1st July, 2021, subject to a minimum of 180 days from the date of final publication in the official Gazette.
Key Highlights:
1. Registration of Foreign Food manufacturing facilities:
Foreign Food manufacturing facilities falling under prescribed categories and intending to export food (which falls within the category of specified food products to be exported) needs to apply for registration in “Form 16” along with specified documents and fees and register with the Food Authority before exporting such food to India;
Note: The Food Authority may specify categories of food products to be exported to India, for which inspection or audit of Foreign Food manufacturing facilities producing such categories of foods shall be mandatory;
2. Processing of application for Registration of Foreign Food manufacturing facilities:
If the Food Authority requires any additional information with respect to an application or if the application is incomplete, the Food Authority shall advise the applicant, to furnish such additional information or complete the application within 30 days from such notice. Failure to furnish the required information within the required time period, may lead to rejection of the application;
3. Inspection of Foreign Food manufacturing facilities:
Foreign Food manufacturing facility may be inspected in a manner as specified by FSSAI and may also be inspected after the issuance of registration, as and when necessary;
4. Issuance of registration:
Foreign Food manufacturing facility found to be in compliance of FSS Act rules and regulation made there-under shall be registered as Foreign Food manufacturing facilities for a period of five years and their registration number shall be communicated in Form 17;
Foreign Food manufacturing facility whose application is rejected, may re-apply after taking remedial action;
Application for renewal of registration of Foreign Food manufacturing facility to be made in Form 16, 30 days prior to the expiry date indicated in the registration;
5. Audit of Foreign Food manufacturing facility:
Foreign Food manufacturing facility which requires mandatory audit shall get their facility audited by the auditing agency recognized by the Food Authority. Frequency of such audits shall be specified by the Food Authority from time to time;
6. Suspension or cancellation of registration:
If Foreign Food manufacturing facility or their food products are found to be non-compliant with FSS Act, Rules and Regulation, their registration as Foreign Food manufacturing facilities may be suspended or cancelled. However, Food Authority may review the same after giving opportunity for hearing or clarification, as deemed fit.
Source: Food Safety and Standards Authority of India
