Food Import
policy and regulations in India
Every food importer in India has to comply
with the provisions of the Foreign Trade (Development and Regulation) Act,
1992. Moreover, the provisions of Foreign Trade Policy and terms and conditions
of any License/certificate/permission/Authorization and provisions of any other
law for the time being in force.
Foreign Trade (Development and Regulation)
Act, 1992
FTDR was promulgated for the development and
regulation of foreign trade and matters connected therewith or incidental
thereto. The FTDR elaborates the following:-
1. Power of Central Government to make Orders
and Announce Export and Import Policy: Section 3,4,5, and 6 of the act provides
that the Central Government may make provisions for the development and
regulation of foreign trade by facilitating imports and increasing exports.
2. Importer-Exporter Code Number: Section 7-9
of the act provides that an importer has to get an importer-exporter Code
Number granted by the Director-General or the officer authorized by the
Director-General.
3. Search, Seizure, Penalty and Confiscation:
Section 10 of the act provides that the Central Government may authorize any
person to exercise such powers with respect to entering such premises and
searching, inspecting and seizing of such goods, documents, things and
conveyances, subject to such requirements and conditions, as may be prescribed.
Import Procedure
1) Filling of application: Every application
for an Import/Export license/certificate/Authorisation/ permission should be
completed as required under the relevant provisions of the Policy/Procedures.
An incomplete application is liable to be rejected, giving a specific reason
for rejection. However, in the manual application, the applicant may furnish a
soft copy of the application in MS word format.
2) Documentation: Importer has to furnish an
import declaration in the prescribed Bill of Entry format. The declaration
should disclose the value of the imported goods. In addition, any import
licenses and phytosanitary certificates (in case of agricultural commodities),
along with documentation such as sales invoices and freight and insurance
certificates may also be furnished.
3) Profile importer/ Exporter: Every importer
or exporter has to file importer/exporter profile once with the Regional
Authority in Part 1 of ‘Aayaat Niryaat Form’.
4) Application for Grant of IEC Number: The
application for Importer-Exporter Code shall be made by the Registered/Head
Office of the applicant to the Regional Authority under whose jurisdiction, the
Registered office in the‘Aayaat Niryaat Form’ falls.
Customs Clearance Procedure for Food items:
1. Bill of Entry (BOE) is filed at the Customs
ICE GATE (https://icegate.gov.in) on Single Window Interface for Facilitating
Trade (SWIFT). SWIFT is working on Risk-based sampling system, called as Risk
Management System(RMS).
2. Risk Management System (RMS) scrutinizes
the application and if the sampling is required; the BOE is referred to FSSAI
on online Food Import Clearance System (FICS).
3. CHA/Importer needs to be registered on FICS
(www.ics.fssai.gov.in).
4. FSSAI accepts the BOE and may ask for
further details from CHA/Importer, if necessary.
5. If all the relevant information is provided, Authorized Officer (A.O) fixes an appointment for the inspection of the consignment (only two opportunities are provided to the CHA/Importer to confirm the appointment).
6. On inspection, if everything is found satisfactory, including labelling and packaging requirements of the consignments, the samples are drawn (2 nos). If not, the Authorized Officer rejects the consignment and issues NonConforming Report.
7. Samples are then sent to FSSAI Notified Food Laboratory, If the sample is found conforming then No Objection Certificate (NOC) is generated and if not conforming, then Non-Conforming Report (NCR) is generated, rejecting the clearance of food consignment.
8. If the importer is not agreed with the finding of the laboratory report, he may apply for retesting at the referral laboratory. The outcome of the test result will determine the fate of consignment. He may present the review application to the Review Officer (Director, Imports) along with the required documents at the FSSAI Headquarter.
9. The order passed by the Review Officer can be challenged before the CEO, FSSAI whose decision thereon will be final.
10. For more details, please go through the
FSS Act 2006 and regulations made thereunder. They are available on the
website, i.e. www.fssai.gov.in.