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Food Importation to India Simplified

2023-11-30

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Acquire Importer-Exporter Code (IEC)

Obtaining an Importer-Exporter Code (IEC) is a crucial step when importing the bubble tea material from India. The importing party should apply for an IEC (import & export code) well in advance, as it is a prerequisite for obtaining the necessary licenses and No Objection Certificate (NOC).

Obtaining FSSAI Importer License

To apply for the FSSAI Importer License:

Visit the official website of Food Safety Compliance System (FoSCoS) and navigate to the “License/Registration” section from the homepage.
Choose the state and carefully read any notes or instructions provided before proceeding with the application.
Under the “Group Heads of Kind of Business,” select “Importer” under the trade/retail category.
Within the Importers KOB section, review the definition and select the option to apply for a central license. Then, click on the “Proceed” button.
Complete all mandatory fields as outlined in Form B. Pay special attention when providing your communication details, as all official correspondence will be conducted through the contact information provided, such as mobile number or email address. Additionally, fill in the GST/PAN/CIN details as applicable to the firm or company.
On the Product Selection page, provide the necessary information for DGFT (Directorate General of Foreign Trade) authentication. Click “Proceed with DGFT Authentication” to verify the details and then click “Save” to store the information.
After successfully completing the DGFT validation, click “Save & Next.” Pay the required fees using the available modes of payment and submit the application.
Upload all the required documents, which typically include:

List of Directors/Partners/Proprietor/Executive Members of Society/Trust with full address and contact details.
Photo ID and address proof issued by the governing authority of the Proprietor/Partner/Directors/Authorized Signatory.
Partnership Deed/Self Declaration for proprietorship/Memorandum of Articles of Association detailing the firm’s constitution.
Form IX (Nomination of persons by a company along with the Board Resolution), although this is not required in the case of a Proprietorship Firm.
IE Code document issued by the DGFT.

Upon completing the payment process, a receipt with a 17-digit reference number will be generated. This reference number can be used for future reference and tracking.
The users can monitor the status of their application through the FoSCoS homepage.

Customs Clearance

Prior to the arrival of a food consignment at an Indian air or seaport, it is crucial for the importing food business operator to initiate the customs clearance process.

The following steps needed for customs clearance for imported food items:

Authorization letter to Customs Handling Agent (CHA): The importing food business operator must prepare an Authority Letter in favor of a Customs Handling Agent (CHA). This letter is addressed to the FSSAI or Authorized Officer and grants the CHA the authority to represent the importer in customs clearance proceedings.
Arrival of the consignment: Upon the arrival of the food consignment at the Indian port of entry (air or seaport), the authorized Customs Handling Agent takes charge of the process.
Application for clearance: The Customs Handling Agent, armed with the authorization letter, proceeds to apply for the clearance of the consignment with the Department of Customs. This application typically involves the submission of a Bill of Entry, which is a formal document containing details of the imported goods, their value, and other relevant information.
Customs verification: A Government Customs Agent conducts a thorough verification of the consignment. This process includes inspecting the physical condition of the goods to check for any visible issues, such as insect infestations or damage.
Customs formalities: The Government Customs Agent clears the consignment after all customs formalities have been completed. This may include verifying that the applicable customs duties and taxes have been paid.
Payment of customs duty: The importing food business operator is responsible for paying the customs duties and taxes required for the clearance of the food consignment. The payment is typically made based on the assessed value of the imported goods and in accordance with Indian customs regulations.
Customs clearance certificate: Once the customs formalities are successfully completed, and all required payments have been made, the Government Customs Agent issues a Customs Clearance Certificate, allowing the consignment to proceed to the next stage of the import process.

Mandatory Documents for FSSAI Clearance:

IEC issued by the DGFT.
FSSAI food business license.
Bill of Entry.
Examination order generated by the EDI system of Customs, requiring NOC from FSSAI.

Visual Inspection and Laboratory Analysis by FSSAI

After the application is submitted in the Food Import Clearance System (FICS) with the necessary documents, an FSSAI officer conducts a thorough verification. If additional information is required, the officer may request it. Once the application is accepted, the importer is required to deposit fees for FSSAI clearance, which is determined based on the number of samples.

The following parameters are verified by the FSSAI Officer.:

Physical Condition: The shipment is checked for visible insects and fungal infestation.
Remaining Shelf Life: The valid remaining shelf life of the product should be more than 60 percent of its original shelf life at the time of import clearance.
Compliance with Regulations: The consignment is examined for compliance with the FSS (Packaging and Labelling) Regulations, 2011, and product-specific labeling requirements.
Labeling Deficiencies: Any labeling deficiencies are noted, including the importer’s name and address, FSSAI logo and license number, and veg/non-veg symbols.

After the visual inspection, two samples are drawn from the consignment for testing. One sample is sent to a randomly selected laboratory via the FICS. The second sample is stored under appropriate conditions for potential re-testing, if necessary.

The laboratory analyzes the imported food samples according to the parameters defined in the Food Safety and Standards Act and Regulations. The lab is required to send its report to the authorized officer within five days, providing a conclusive opinion about whether the tested product conforms or is non-conforming to the specified standards.

Approval of Food Product Imported in India

The final step in the process of importing food products into India involves obtaining clearance and approval from the FSSAI. It entails the following steps:

1. Laboratory Report Confirmation

If the authorized laboratory issues a report confirming that the food consignment conforms to the FSSAI regulations, this report serves as an important document in the clearance process. It indicates that the imported food product meets the safety and quality standards set by the FSSAI.

2. No Objection Certificate (NOC)

Based on the laboratory’s report, the FSSAI Officer will issue a NOC if the food product conforms to the FSSAI regulations. This NOC essentially confirms that the imported food product is safe, compliant, and approved for consumption in India. It is a crucial document that allows the food product to enter the Indian market.

3. Non-Conformance Certificate (NCC)

In cases where the laboratory report indicates that the food consignment does not conform to the FSSAI regulations, a Non-Conformance Certificate (NCC) may be issued. This certificate signifies that the product failed to meet the required standards, and it may lead to rejection or other regulatory actions.

4. Clearance for Import

Once the NOC is issued and the food product is deemed compliant, it can be cleared for import into India. The customs handling agent will facilitate the release of the consignment from the customs warehouse.

Essential Labeling Requirements for Imported Food Products in India

Here are the key labeling requirements by FSSAI for food imports in India:

Labelling language: Labels must adhere to the FSSAI Packaging & Labelling Regulations, 2011, and specific product-related labeling requirements. Compliance with the Food Safety & Standards (Import) Regulations, 2017, is mandatory.
Volume and net weight: The packaging should clearly state the volume of contents and net weight of the product.
Best before date: Products must display the “Best Before” date, indicating the date until which the product is expected to remain at its best quality.
Nutritional information: Nutritional facts and information, including details about calories, fat, protein, carbohydrates, vitamins, and minerals, should be provided on the label.
Brand, company, and product name: The label must include the name of the brand, company, and the specific product name.
Product description and ingredients: A detailed product description, along with the names of the ingredients used in the product, must be provided. This is crucial for consumers with allergies or dietary restrictions.
Vegetarian and non-vegetarian declaration: Vegetarian and non-vegetarian products should be clearly distinguished using appropriate symbols.
Batch, code, or lot number: Each batch of products must have a unique identification number, code, or lot number for traceability.
Importer’s name and address: The label should include the name and address of the importer in India.
Country of origin: The country of origin of the product must be clearly stated on the label.
Instructions for use: If applicable, the label should provide clear instructions on how to use or consume the product.
Storage instructions: Information about storage conditions, such as temperature and humidity, should be included.

GST rates on Food, Beverage Services style

Description	Applicable GST Rate
Food services provided by restaurants including takeaway facility (both air-conditioned and non-a/c)	5% with No ITC
Any food/drink served at cafeteria/canteen/mess operating on a contract basis in the office, industrial unit, or by any school, college, etc on basis of a contractual agreement that is not event-based or occasional	5% with No ITC
Other Accommodation, food, and beverage services	18%
Note: The rates given in the list are subject to periodic change (For your reference only)

GST on Food items style

Description	Applicable GST Rate
GST on food such as meal/powder of dried leguminous vegetables	5%
GST on food items prepared using flour, malt extract, etc. including cocoa less than 40% of total weight.	18%
GST on chocolate and other cocoa products	18%
Note: The rates given in the list are subject to periodic change (For your reference only)

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