What is the FSSAI License Checklist for Importer?

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What is the FSSAI License Checklist for Importer?

The Food Safety and Standards Authority of India (FSSAI) License is important for every food business operator. The FBO is involved in activities such as manufacture, storing, packaging, distribution, transportation, selling and import of food articles. This requirement falls under the Food Safety and Standards Act 2006 and the Food Safety and Standards Regulations 2011.

The FSSAI license has multiple benefits such as checking the food safety standards, legal framework, transparency in the food supply chain, and customer protection. This is required for both the export and import of food.

Exemption of FSSAI NOC

The FSSAI NOC is not required, if you submit an undertaking:

• Articles of food imported for personal consumption
• Imported food consignment meant for Display Purposes at Trade Fair/Exhibition
• Imported food consignment meant for Research & Development purposes
• Imported food consignment meant Sports Events
• Imported food consignment meant 100% Export and Re-export
  

However, the food items that are imported to India have a shelf life of less than 7 days. Or requires special storage conditions, will be issued a Provisional NOC even before the analysis report from the lab is received. So, this will be done based on an undertaking from the Importer as prescribed by FSSAI. 

Shelf-life of Imported Products

The shelf life of a product refers to the duration between the manufacturing date and the "Best Before" or "Date of Expiry" that is printed on the label. Similar to this, the balance shelf-life is the duration between the import date (Import General Manifest) and the "Best Before" or "Date of Expiry," whichever is applicable. As per the Food Safety and Standards (Food Import) Regulations, 2017, the shelf life of a product must not be less than 60% at the time of import.

Rejection of License of Food Importers

The Authorised Officer will do the visual inspection of the imported food product to check its compliance with the Food Safety and Standards (Packaging and Labelling) Regulations, 2011. In case of non-compliance, the Authorised Officer will issue a rejection report to Customs Authorities stating the reason(s) for refusing the drawl of sample from the imported food consignment.

Information Mention on the Package of Imported Food

The following information must be given on the label of the sample sent to the laboratory for analysis:

• The code number of the sample
• Date and place of collection
• Name of articles of food and category as per Food Safety and Standards (Food Product Standards and Food Additives) Regulations
• Name and quantity of preservative added while drawing the sample (if any).
• Quantity of sample
• Name and signature of the Food Importer or his Custom House Agent.
• Name and signature of the sender with an official seal.

Procedure for Importing Foods into India

• Bill of Entry (BOE) is filed at Customs ICE GATE on Single Window Interface for Facilitating Trade (SWIFT). The SWIFT works on a Risk-based sampling system, called a Risk Management System (RMS).
• Risk Management System (RMS) scrutinises the application and if the sampling is required. The BOE is referred to as FSSAI on the online Food Import Clearance System (FICS). 
• CHA/Importer needs to be registered on FICS. The FSSAI accepts the BOE and can ask for further details (if necessary).
• After receiving all the relevant information, the Authorized Officer fixes the appointment for the inspection of the consignment.
• During an inspection, if everything is found satisfactory including the labelling and packaging requirements of the consignments, the samples are drawn. If the officer is not satisfied, it will reject the consignment and issue a Non-Conforming Report.

Sent Samples to FSSAI Notified the Food Laboratory

• If the samples are approved, then a No Objection Certificate (NOC) is generated and if not conforming, then a Non-Conforming Report (NCR) is generated.
• In case, the importer is not agree with the finding of the laboratory report. He/she can apply for retesting at the referral laboratory. The outcome of the test result will decide what happens to the shipment. He may present the review application to the Review Officer (Director, Imports) along with the required documents at the FSSAI Headquarters.
• The order passed by the Review Officer can be challenged by the CEO of FSSAI. However, the decision of the CEO will be final.

Note: To check more details, please go through the FSS Act 2006 and the regulations made thereunder. They are available on the website.

Conclusion

The imported articles of food must be stored with the specified storage conditions in the customs warehouse before clearance. In case of failure, the Authorised Officer can refuse to grant an NOC for import clearance of the food consignment. However, the sample of imported articles of food forwarded by the

Authorised Officer must analysed by the laboratories as notified

by the Food Authority. 

If you are looking for an FSSAI license, then reach out to Registrationwala. We assist you in the application process, documentation, and finally obtain the license from the authority.

Frequently Asked Questions

Q. Do the importers are required to file annual returns?

A. Yes, the Food Importer must file annual returns as prescribed under the FSS (Licensing and Registration of Food Businesses) Regulation, 2011. 

Q. What is the validity period of the import license?

A. Under the FSS regulation 2011, the license has a validity period of 1 to 5 years as selected by the Food Business Operator. This is from the date of issue of the license.

Q. How to find the banned or restricted products list in India?

A. You can obtain the list from the DGFT official website. However, the authority may prohibit or restrict the import of any food article based on its risk perception or outbreaks of disease. The authority issues the guidelines from time to time to ensure the safety of the consumers. These restrictions must informed to customs immediately

Q. What labelling deficiencies can be rectified?

A. In case, you import pre-packaged food from another country, and the product labels are not right, then you can fix the information before taking the products into the market. You can paste a sticker on the packaging or write the details directly on the package. Through this method, you can fix the following information:

• Name and address of the importer
• Food Safety and Standards Authority of India’s Logo and license number
• Non-Veg or Veg Logo
• Category or sub category along with the generic name, nature and composition for proprietary food.

Q. What are the high-risk food items considered in case of import into India?

A. The Customs and Food Safety and Standards Authority of India (FSSAI) has created a system called “Risk Management” to ensure that the food that reaches you will be safe. Here is a list of items that are considered high-risk food items:

• Meat and Meat Products
• Fish & Fish Products
• Egg & Egg Product
• Milk powders
• Condensed Milk
• Milk Cereal Base Weaning Foods
• Infant Milk Food
• Infant Formulae
• Fats in any form except edible vegetable oil
• Cocoa butter equivalent or Substitutes

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