FSSAI publishes Draft Food Safety and Standards (Import) Amendment Regulations, 2019

Feb 06, 2019 | by Avantis RegTech Legal Research Team


The Food Safety and Standard Authority of India (FSSAI) on January 29, 2019 has published Draft Food Safety and Standards (Import) Amendment Regulations, 2019 for the information of persons likely to be affected.

Notice has been given that the said draft regulations will be taken into consideration after the expiry of a period of thirty days from the date on which copies of the Official Gazette in which the notification has been published are made available to the public that is January 31, 2019.

Objections and suggestions, if any, may be addressed to the Chief Executive Officer, FSSAI, Food and Drug Administration Bhawan, Kotla Road, New Delhi – 110002, or may be sent through e-mail at [email protected]; The objections or suggestions which may be received from any person with respect to said draft regulations, before the expiry of the period so specified above, will be considered by the FSSAI.

Some of the major amendments in the Food Safety and Standards (Import) Regulations, 2017 are as under:

·         In Chapter III:

o   In Regulation 5 related to Clearance of Imported Food by the Food Authority:

(i)      In sub-regulation (1), after the words “Form as specified by the Customs”, the following words shall be inserted, namely:

“and shall pay non-refundable basic food import clearance fee as specified by Food Authority from time to time”

(ii)    In sub-regulation (2) clause ‘(b)’shall be substituted and clauses (c), (d) and (e) shall be omitted.

(iii)   sub-regulation (4)shall be substituted.

o   In Regulation 6 related to Compliance with standards for packaging and labeling:

(i)      In sub-regulation (4):

a)      for the word “principle”, the following shall be substituted, namely: “principal”;

b)      after clause (d), the following shall be inserted, namely:

“(e) Any other labeling information as per instructions issued by the Food Authority from time to time.”

(ii)    In sub-regulation (5), after the words “Authorised Officer may pass an order”, the following shall be inserted, namely:

“during scrutiny stage or after visual inspection”;

(iii)   In sub-regulation (6), for the words “Authorised Officer shall carry out a re-inspection”, the following shall be substituted, namely:

“Authorised Officer shall carry out visual inspection or re-inspection”

·         In chapter-V:

o   In Regulation 9, after the sub-regulation (3), the following shall be inserted, namely:

“(3a) In case of imported pre-packaged retail food article, the Authorized Officer after successful completion of visual inspection and sampling, may issue a provisional no objection certificate to move the food consignment to a well equipped storage facility.

(3b) For the purpose of sub-regulation (3a), the Authorized Officer shall take a declaration from importer in Form ‘13 A’ and importer shall sell such pre-packaged food article only after the issuance of no objection certificate by the Authorized Officer.”

·         In chapter-XI related to “Review Process”:

In sub-regulation (3), in clause (e) for the words “seven days”, the following shall be substituted, namely: “ ten working days”;

·         After Form ‘13’, the following Form shall be inserted, namely:

FORM -13A Declaration regarding issue of provisional no objection certificate for imported pre-packaged retail food consignment.

[Notification F. No. 1-1275/FSSAI/Import/2015]

 

URL: https://www.fssai.gov.in/home/fss-legislation/notifications/draft-notification.html


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