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CUSTOMS CIRCULARS, INSTRUCTIONS & ADVANCE RULING
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Body Instruction No. 32 /2022-Customs, F.No. 401/66/2022-Cus-III, Dated 28th November, 2022

Government of India

Ministry of Finance

Department of Revenue

(Central Board of Indirect Taxes & Customs)

To

All Principal Chief Commissioner/ Chief Commissioner of Customs/ Customs (Preventive)/ Customs & Central Tax

All Principal Chief Commissioner of Customs/ Customs (Preventive)

Pr. Director /Director Generals under CBIC

Subject: Amendment to Instruction No 18/2022-Customs dated 12.08.2022 and 26/2022-Customs dated 06.10.2022 regarding extension of Requirement of Health Certificate accompanied with the import of food consignments-reg.

Reference is drawn to Board's Instruction No 18/2022-Customs dated 12.08.2022 and 26/2022-Customs dated 06.10.2022 relating to the requirement of Health Certificate to be accompanied with the import of certain food consignments, based on a reference from FSSAI.

2. In this regard, FSSAI has further clarified vide its order dated 27.10.2022 (copy enclosed), that the implementation of the order dated 03.08.2022 (copy enclosed) and its subsequent clarification vide order dated 26.09.2022 (copy enclosed), has been extended based on the comments received from various stakeholders in respect of implementation of time. The date of implementation of said orders shall be extended by two months and the order will be now effective from 1st January, 2023.

3. It is requested that the necessary action may be taken to sensitize officers under your jurisdiction.

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

5. Hindi version follows.

Encl: as above

Yours faithfully,

(Eric. C. Lallawmpuia)

OSD (Customs)

F. No. 1829/Health Certificate/FSSAI/Imports-2021

Food Safety and Standards Authority of India

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

(Trade & International Cooperation Division)

FDA Bhawan, Kotla Road, New Delhi-110002

Dated: The 27th October, 2022

Order

Subject: -Requirement of Health Certificate accompanied with the import of food consignments-reg.

The Food Safety and Standards Authority of India has issued an order dated 3rd August, 2022 and its subsequent clarification vide order dated 26th September, 2022 on the subject cited above. In this regard, comments were also sought from WTO members. Considering the comments received from the trading partners in respect of implementation time, it has been decided that the date of implementation of said order shall be extended by two months and the order will be now effective from 1st January, 2023.

(Dr.Amit Sharma)

Director (Trade and IC)

To,

1) All Authorized Officers -for compliance of above advisory.

2) Additional Director General, Risk Management Division, Central Board of Excise and Customs (CB1C).

3) Director, Customs-for circulating to all officials of Customs who has been nominated as Authorized Officers.

4) Commissioner (Single Window), CBIC for circulating to all officials of Customs who has been nominated as Authorised Officers.

F. No. 1829/Health Certificate/FSSAI/Imports-2021

Food Safety and Standards Authority of India

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

(Trade & International Cooperation Division)

FDA Bhawan, Kotla Road, New Delhi-110002

Dated: 20th September, 2022

Clarification

Subject: -Requirement of Health Certificate to be accompanied with the import of food consignments-reg.

With respect to order dated 3rdAugust, 2022 (copy enclosed), on the subject cited above, it is to clarify that order related to requirement of health certificate of Milk & Milk Products, Pork & Pork Products and Fish & Fishery products along with its format was notified to WTO on 18.08.2022 for the comments of WTO member countries. The comments have been received from various stakeholders which also states that Sanitary/Veterinary Certificate is already issued for these food products by exporting country Competent Authority.

In this regard, it is clarified that an integrated/single certificate incorporating food safety related requirements/ attestations is also accepted by FSSAI at the time of import clearance. It may be ensured that integrated certificate shall incorporate all the information as per format notified vide order dated 3rd August, 2022.

(Dr.Amit Sharma)

Director (Trade and IC)

To,

1) All Authorized Officers -for compliance of above advisory.

2) Additional Director General, Risk Management Division, Central Board of Excise and Customs (CBIC).

3) Director, Customs-for circulating to all officials of Customs who has been nominated as Authorized Officers.

4) Commissioner (Single Window), CBIC for circulating to all officials of Customs who has been nominated as Authorised Officers.

5) CITO, FSSAI for uploading on FSSAO Website

F. No. 1829/Health Certificate/FSSAI/Imports-2021

Food Safety and Standards Authority of India

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

(Trade & International Cooperation Division)

FDA Bhawan, Kotla Road, New Delhi-110002

Dated: The 3 August, 2022

ORDER

Subject: - Requirement of Health Certificate accompanied with the import of food consignments-reg.

In exercise of the provisions of Food Safety and Standards (Import) Regulations, 2017, it has been decided that imported food consignments of following food categories as specified in FSS (Food Product Standards and Food Additives) shall be accompanied by a Health Certificate issued by Competent Authority of the exporting country as per the format attached at Annexure-I:-

    i) Milk and Milk Products

    ii) Pork and Pork Products

    iii) Fish and Fish products

This order will be effective from 1st November, 2022 and this issues with the approval of the Competent Authority.

(Dr.Amit Sharma)

Director (Trade and IC)

To,

1) All Authorized Officers -for compliance.

2) Additional Director General, Risk Management Division, Central Board of Excise and Customs (CBIC).

3) Director, Customs-for circulating to all officials of Customs who has been nominated as Authorized Officers.

4) Commissioner (Single Window), CBIC for circulating to all officials of Customs who has been nominated as Authorised Officers.

5) Executive Director(CS), FSSAI

6) Advisor(QA), FSSAI

7) Advisor(Standards), FSSAI

8) Head (Regulations), FSSAI

9) CITO, FSSAI for uploading on FSSAO Website

Annexure-I

HEALTH CERTIFICATE FOR IMPORT OF MILK AND MILK PRODUCTS INTO INDIA

Country of dispatch:  
1. Consignor/exporter

Name:

Address:

Tel. no.:

2. Certificate number:
3. Competent Authority and its contact details:
4. Consignee/importer:

Name:

Address:

Tel. no.:

5. Country of origin: ISO code:
6.Country of destination: ISO code:
7.Place of loading
8. Means of transport: 9. Declared point of entry:
10.Conditions for transport/storage: 11. Total quantity:
12. Invoice no. & Date  
13. Identification of food products as described below (multiple lines may be used for multiple products):
a) Description of the food including HS code: Intended purpose
     
b) Producer/ manufacturer (name and address): Approval number/s of establishment/s (Number/ Date/ Validity):
     
c) Name of the product Lot no./Batch no. Type of packaging Number of packages Net weight:
           
d) Date of manufacture or Packaging: Best before* Date of Expiry
       
14 Temperature required during storage and transportation:
15. Attestations **

The undersigned Authorised Official certifies that the product(s) described above satisfies the following requirement:

I. General conditions:

a)The source animals shall not be fed with feed containing meat or bone meal including internal organs, blood meal and tissues of bovine or porcine origin materials except milk and milk products.

b)Has/have not been manufactured using animal rennet.

II.Sanitary/Food Safety related:

a)were manufactured at (an) establishment(s) that has/have been approved by, or otherwise determined to be in good regulatory standing with the Competent Authority in the exporting country.

b)complies with the standards of milk and milk products as specified under the Food Safety and Standards (Food Product Standards and Food Additives) Regulations, 2011.

c)prepared, packed, held and transported prior to export under good hygienic conditions and an effective food safety control system, implemented within the context of HACCP systems where appropriate and in accordance with the requirements specified in Schedule 4, as applicable, of the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011 (India) and such other guidelines as specified from time to time under the provisions of the Food Safety and Standard Act, 2006.

d)conforms to the microbiological requirements specified in Appendix 'B' of Food Safety and Standards (Food Product Standards and Food Additives) Regulations, 2011. The milk had been processed to a temperature, which ensures destruction of organisms causing Tuberculosis, Listeriosis, Para tuberculosis, Q fever and Brucellosis.

e)does not contain drug/ antibiotics/mycotoxins/pesticides/heavy metal residues etc., above the limits prescribed by the Food Safety and Standards (Contaminants, toxins and Residues) Regulations, 2011.

f)contains only those food additives as specified in Appendix 'A' of Food Safety and Standards (Food Product Standards and Food Additives) Regulations, 2011 within the limits specified.

g)regular inspection/monitoring of checks in accordance with FSS Act, 2006, rules and Regulations made thereunder and as per the criteria specified by FSSAI.

16. Authorised official:  
Name: Designation:
Date: Signature:
Official stamp:  

* If any.

** Where it is not applicable, strikethrough the requirement.

This certificate is valid for 90 days from the date of issue.

HEALTH CERTIFICATE FOR IMPORT OF PORK AND PORK PRODUCTS INTO INDIA

Country of dispatch:  
1. Consignor/exporter

Name:

Address:

Tel. no.:

2. Certificate number:
3. Competent Authority and its contact details:
4. Consignee/importer:

Name:

Address:

Tel. no.:

5. Country of origin: ISO code:
6.Country of destination: ISO code:
7.Place of loading
8. Means of transport: 9. Declared point of entry:
10.Conditions for transport/storage: 11. Total quantity:
12. Invoice no. & Date  
13. Identification of food products as described below (multiple lines may be used for multiple products):
a) Description of the food including HS code: Intended purpose
     
b) Producer/ manufacturer (name and address): Approval number/s of establishment/s (Number/ Date/ Validity):
     
c) Name of the product Lot no./Batch no. Type of packaging Number of packages Net weight:
           
d) Date of manufacture or Packaging: Best before* Date of Expiry
       
14 Temperature required during storage and transportation:
15. Attestations

The undersigned Authorised Official certifies that the product(s) described above satisfies the following requirement:

I. Sanitary/Food safety related:

a)were manufactured at (an) establishment(s) that has/have been approved by, or otherwise determined to be in good regulatory standing with the Competent Authority in the exporting country.

b)The pork or pork product(s) come(s) from animal(s) slaughtered in abattoirs/processing plant(s) where no meat other than pork has been processed during production of fresh meat or added to the meat products at any stage during production.

c)complied with the standards of Pork and Pork products as specified under the Food Safety and Standards (Food Product Standards and Food Additives) Regulations, 2011.

d)prepared, packed, held and transported prior to export under good hygienic conditions and an effective food safety control system, implemented within the context of HACCP systems where appropriate and in accordance with the requirements specified in Schedule 4, as applicable, of the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011 (India) and such other guidelines as specified from time to time under the provisions of the Food Safety and Standard Act, 2006.

e)conforms to the microbiological requirements specified in Appendix 'B' of Food Safety and Standards (Food Product Standards and Food Additives) Regulations, 2011.

f)does not contain drug/ antibiotics/mycotoxins/pesticides/ heavy metal residues etc., above the limits prescribed by the Food Safety and Standards (Contaminants, toxins and Residues) Regulations, 2011.

g)contains only those food additives as specified in Appendix 'A' of Food Safety and Standards (Food Product Standards and Food Additives) Regulations, 2011 and within the limits specified.

h)regular inspection/monitoring of checks in accordance with FSS Act, 2006, rules and Regulations made thereunder and as per the criteria specified by FSSAI.

16. Authorised official:  
Name: Designation:
Date: Signature:
Official stamp:  

* If any.

**Where it is not possible, strikethrough the requirement

This certificate is valid for 90 days from the date of issue.

HEALTH CERTIFICATE FOR IMPORT OF FISH AND FISH PRODUCTS INTO INDIA

Country of dispatch:  
1. Consignor/exporter

Name:

Address:

Tel. no.:

2. Certificate number:
3. Competent Authority and its contact details:
4. Consignee/importer:

Name:

Address:

Tel. no.:

5. Country of origin: ISO code:
6.Country of destination: ISO code:
7.Place of loading
8. Means of transport: 9. Declared point of entry:
10.Conditions for transport/storage: 11. Total quantity:
12. Invoice no. & Date  
13. Identification of food products as described below (multiple lines may be used for multiple products):
a) Description of the food including HS code and Species (scientific name): Intended purpose
     
b) Producer/ manufacturer (name and address): Approval number/s of establishment/s (Number/ Date/ Validity):
     
c) Name of the product Lot no./Batch no. Type of packaging Number of packages Net weight:
           
d) Date of manufacture or Packaging: Best before* Date of Expiry
       
15. Attestations**

The undersigned has certified that the produces] described above satisfies the following Sanitary/ food safety related requirement:

a)were manufactured at (an) establishment(s) that has/have been approved by, or otherwise determined to be in good regulatory standing with the Competent Authority in the exporting country

b)complies with the standards of Fish and Fish Products as specified under the Food Safety and Standards (Food Product Standards and Food Additives) Regulations, 2011

c)prepared, packed, held and transported prior to export under good hygienic conditions and an effective food safety control system, implemented within the context of HACCP systems where appropriate and in accordance with the requirements specified in Schedule 4, as applicable, of the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011 (India) and such other guidelines as specified from time to time under the provisions of the Food Safety and Standard Act, 2006.

d)conforms to the microbiological requirements specified in Appendix 'B' of Food Safety and Standards (Food Product Standards and Food Additives) Regulations, 2011.

e)does not contain drug/ antibiotics/mycotoxins/pesticides/heavy metal residues etc., above the limits prescribed by the Food Safety and Standards (Contaminants, toxins and Residues) Regulations, 2011.

f)contains only those food additives as specified in Appendix 'A' of Food Safety and Standards (Food Product Standards and Food Additives) Regulations, 2011 and within the limits specified.

g)regular inspection/monitoring of checks in accordance with FSS Act, 2006, rules and Regulations made thereunder and as per the criteria specified by FSSAI.

16. Authorised official:  
Name: Designation:
Date: Signature:
Official stamp:  

* If any.

** Where it is not applicable, strikethrough the requirement.

This certificate is valid for 90 days from the date of issue.