FSSAI Import and Export

Overview of FSSAI's Import and Export Regulations

FSSAI plays a crucial role when it comes to overseeing food production, manufacturing, and distribution across India. Apart from this, FSSAI also governs the import and export of food products. It launched the Food Import Clearance System (FICS) to streamline the import of food products. As per law, the FSSAI license is mandatory for the import and export activities. One can apply for an FSSAI central license for exports directly from the FoSCoS online portal. The applicant has to submit all the required documents, like Form-B, business blueprint/layout plan, list of directors and authority letter. Businesses involved in exports should also adhere to the FSSAI export regulations.

• Importance of FSSAI Compliance for Importers and Exporters

  It is crucial for importers and exporters to abide by the rules established by the Food Safety and Standards Authority of India (FSSAI). Following FSSAI guidelines helps importers protect the health of customers by ensuring that the food goods they bring into the nation fulfil strict safety and quality standards. Failure to comply with FSSAI regulations can result in severe consequences such as rejection of shipments, fines, or even legal action, leading to financial losses and damage to reputation. Moreover, FSSAI compliance fosters trust and credibility among consumers, enhancing market access and competitiveness in the increasingly discerning food industry.
  
  Similarly, for exporters, adherence to FSSAI regulations is crucial to access international markets and maintain a positive reputation. Compliance boosts confidence among international buyers and regulatory bodies by demonstrating a commitment to creating safe and high-quality food products. Non-compliance can lead to the rejection of export consignments, trade disruptions, and loss of market access, undermining the exporter's profitability and long-term viability. Therefore, ensuring FSSAI compliance is not only a legal requirement but also a strategic imperative for importers and exporters alike, enabling them to navigate global food supply chains successfully while prioritising consumer safety and market integrity.

Import Regulations and Procedures

• Registration and Licensing for Importers

  It is a legal requirement that individuals cannot import any food product into the country without obtaining an import licence from the Central Licensing Authority, as outlined by the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011. This regulation is in place to ensure that imported food items meet the necessary safety and quality standards, protecting the health of consumers within the country.
  
  Food importers must register with the Directorate General of Foreign Trade (DGFT) and have a valid Import-Export Code (IEC) in order to abide by the aforementioned law. This registration process and possession of a valid code are essential for importers to conduct lawful import activities and demonstrate their commitment to adhering to regulatory standards. By registering and obtaining the necessary code, importers not only fulfil legal obligations but also contribute to ensuring the integrity and safety of the food supply chain.

• Packaging and Labelling

  • Food importers are required to ensure that imported food products are transported and stored under optimal conditions of temperature and hygiene. Additionally, the packaging and labelling of these products must comply with the FSSAI Import regulations applicable to each specific type of food item to maintain safety and quality standards
  • Consignments of food, whether single or multiple items from different categories, packed together in a single container, carton, pallet, or skid, must be arranged in a manner that allows the Authorised Officer easy access for inspection and sampling purposes
  • If a proper stuffing list is not provided for a food item, the authorised officer has the authority to direct customs officers to order the de-stuffing of the container to facilitate inspection and sampling procedures
  • Imported packaged food items with rectifiable labelling deficiencies may receive special dispensation at the customs-bound warehouse. This requires correcting inadequacies such as importer information, the FSSAI emblem and license number, and food category facts by applying a single non-detachable sticker or employing another non-detachable technique adjacent to the main display panel
  • When correctable labelling errors are found, the authorised officer has the authority to issue an order, either during the scrutiny phase or following a visual inspection, instructing the Food Importer or their authorised agent to correct permissible labelling in the customs area within a given amount of time without changing or hiding the original label information
  • Once the Food Importer rectifies the labelling deficiencies, the authorised officer conducts a visual inspection or reinspection of the food products. If satisfied, the officer proceeds to draw samples for testing, provided all other conditions are met
  • The authorised officer has the authority to refuse clearance of the imported food items and issue a non-conformance report if the Food Importer does not correct allowable flaws within the allotted period
  • When satisfied with compliance, the authorised officer or their representatives draw two parts of food samples from the imported articles in the customs area, in the presence of the Food Importer or their Custom House Agent, for further testing
  • After receiving the food sample, if the food analyst needs more details about the ingredients or other criteria, the Authorised Officer instructs the Food Importer to supply those details, backed up by documentation
  • Consignments failing to comply with labelling and packaging regulations during visual inspection are rejected, and no samples are drawn from them for further testing.

• Food Sampling and Analysis for Imported Products

  The authorised officer or their representative ensures compliance with the Food Safety and Standards (Labelling and Packaging) Regulations, 2011, and verifies a valid balance shelf life for imported food articles by:

  • Drawing two parts of food samples for each description or measure (except for aseptic sealed packages)
  • Forwarding the specified quantity of samples to the food analyst as per the Food Safety and Standards (Laboratory and Sample Analysis) Regulations, 2011
  • Should the manufacturer package imported food items in sealed bulk containers in order to preserve particular characteristics, like aseptic or hygroscopic conditions, the producer is required to supply two representative sealed samples from the same batch. The Authorised Officer can take a sample for FSSAI food safety analysis if it is not given.
  • For imported articles of food with a shelf life of fewer than seven days, the applicant must declare it in Form - 13. The Authorised Officer can then draw samples and issue provisional no objection certificates to customs without waiting for the lab analysis report.
  • In case of non-conformance of samples, the authorised officer informs the Importer or Custom Broker to initiate a recall of the consignment and submit a compliance report as per the Food Safety and Standards (Food Recall Procedure) Regulations, 2017.
  • The Food Authority alerts all import points to maintain vigilance on imports from specific companies or similar products imported by the same importer or custom brokers. Sealed samples of imported food articles bear essential information on labels, including code number, collection date and place, quantity, food name, preservatives added, and signatures. One part of the sample is forwarded to the Food Analyst for analysis, while the remaining parts are stored appropriately by the authorised officer.
  • The Food Analyst analyses the sample forwarded by the authorised officer within five days and provides a report on conformity or nonconformity. If the laboratory cannot test the sample within the specified time, they must provide reasons in writing to the authorised officer. The Certificate of Analysis submitted by the importer is referred to during tests for quality parameters.

Export Regulations and Compliance

• FSSAI Certification for Exporters

  An FSSAI License signifies the approval granted by the Food Safety Standards Authority of India, commonly known as the FSSAI Authority, a government body under the Ministry of Health. Only after obtaining this license can a food business operator legally conduct business in India. Regardless of the size of their enterprise, all food industry operators in India are required to register online for an FSSAI permit. It is crucial to get the FSSAI central license for exporters. Here is a process for FSSAI licensing for Importers:

  • Visit the FoSCoS FSSAI website and consult the ‘How to apply for license/registration’ manual
  • Click on ‘License/Registration’ and then select ‘Apply for License/Registration’ from the yellow menu box
  • On the next page, click on ‘Apply for License/Registration’ located in the red box
  • Choose your state from the dropdown menu and read the provided note carefully before proceeding
  • Review the ‘Group Heads of Kind of Business’ and select ‘Exporters’ under the ‘Manufacturer’ category
  • For business operating as an exporter ,manufacturer, exclusively focused on exports, with 100% export oriented units central license is mandatory
  • Fill in all mandatory fields in Form B. Ensure that the communication details are accurate, as all official communications will be directed to the provided mobile number or email address. Also, include your GST/PAN/CIN details as relevant to your firm or company
  • Attach all required documents in the specified format.
  • Select your preferred mode of payment and complete the transaction.
  • After payment, a receipt with a 17-digit reference number will be generated. Keep this number for future reference.

• Ensuring Global Food Safety Standards

  • Candidates for the FSSAI Exporter License are required to specify if they do both domestic and export business or if they only operate in the export market
  • Applications for the FSSAI Exporter License are open to business entities that have been verified by the Ministry of Commerce as 100% export units
  • Getting the FSSAI Exporter License also requires acquiring an Import-Export Code (IEC) certificate, which is a basic prerequisite for doing import-export business in India
  • A separate FSSAI Exporter License must be obtained for each premise from which food product exports are conducted
  • All premises requiring the FSSAI Exporter License must be listed in the Import-Export Code (IEC) Certificate
  • FSSAI Central licenses for Export businesses can be applied for a period of one to five years, with the option for subsequent renewal
  • Exporters are required to provide the FSSAI Central authority with quarterly and annual reports regarding their food export operations
  • The Food Business Operator bears the task of guaranteeing that food products exported from India meet the quality, Packaging and labeling FSSAI standards of the country of destination and are safe for human consumption.

Managing Compliance for Periodic Foreign Food Imports

• Regulatory Guidelines for Periodic Imports

  • Maintain a true copy of the granted license in Form C prominently displayed at all times in the premises
  • Give the licensing authorities' or their authorised staff the access they need to inspect the property
  • Inform Authorities about any modifications or changes in activities or content of the license
  • A minimum of one FSSAI-certified worker should be employed to oversee the production process and define qualifications
  • By 31 May of each year, provide periodic annual returns; for milk and milk products, provide half-yearly returns
  • Make that the device only produces the product listed in the license or registration
  • As per Schedule-4, uphold hygienic and sanitary requirements in accordance with the classification of food business
  • Keep separate daily records for sales, production, and the use of raw materials
  • Ascertain that the raw materials' source and quality standards are optimal
  • Do not manufacture, store, or expose for sale any food article in premises not effectively separated from waste areas
  • Implement Clean-In-Place systems for regular cleaning of machinery and equipment
  • At least once every six months, use accredited labs to test food goods for chemical and/or microbiological contamination as needed
  • Maintain required temperatures throughout the supply chain, including chilling, transportation, and storage, to ensure food safety.