An Introduction to FSSAI Food Import Clearance System

What is FSSAI and why is it important for food safety in India?

Responsible for ensuring food safety across India, the FSSAI operates under the Ministry of Health and Family Welfare. It regulates the production, storage, distribution, sale, and importation of food creation while setting hygiene, and quality standards to guarantee food safety.

The assurance of food safety is necessary to protect societal health. Make every bite a healthy one - unsafe food puts you at risk for food poisoning, nutrient deficiencies, drug-resistant infections, and chronic diseases. Moreover, food safety is also aligned with national initiatives like the Swachh Bharat, Make in India campaign.

FSSAI is committed to sustaining and enhancing public health by ensuring safe and nutritious food for human consumption. FSSAI's function is not limited to regulating the food market but the innovation and awareness within the food industry.

Functions of FSSAI

As a meaningful authority on food regulation in India, the FSSAI has critical roles and responsibilities:

• The FSSAI sets science-based rules and norms for food products, covering their entire life cycle from production to consumption, to ensure both quality and safety.
• The FSSAI gives licenses and certificates to food industries, ascertaining their commitment to food safety standards.
• The FSSAI approves certification bodies and laboratories that execute food safety inspections and audits.
• The FSSAI delivers scientific advice and technical support to the central and state governments on food safety and nourishment matters.
• The FSSAI collects and examines data on food consumption trends, foodborne diseases, adulterations, residues, and arising risks.
• The FSSAI constructs a national information grid to communicate reliable and unbiased information on food safety with the public, consumers, and other stakeholders.
• The FSSAI nurtures innovation and awareness in the food industry, encouraging the adoption of best practices and standards.

What is the Food Import Clearance System (FICS) and how does it work?

The Food Import Clearance System (FICS) represents a sophisticated online platform designed to simplify the clearance process for imported food commodities through the Food Safety and Standards Authority of India (FSSAI). Seamlessly interfaced with the customs' ICEGate and SWIFT systems, FICS offers a unified interface, optimizing trade facilitation.

Upon detailed visual scrutiny and rigorous laboratory analysis of food shipments, the FSSAI may issue either a No Objection Certificate (NOC) or a Non-Conformance Report (NCR) as deemed appropriate. Beyond its clearance functionalities, FICS is a comprehensive repository, housing vital data on imported food items. Furthermore, it serves as an invaluable resource for disseminating pertinent information concerning food safety standards and regulatory mandates.

Documents Required for applying for FICS

• Import License: An official license granted by the FSSAI under the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations of 2011.
• Valid IEC Code: The importer must have a valid Import-export code issued by the DGFT or Directorate General of Foreign Trade.
• Bill of Entry: A formal declaration document submitted to Customs authorities by the importer or their representative, detailing specifics of the imported goods including description, quantity, value, and tariff classification.
• Invoice: A document provided by the exporting party, outlining particulars of the sold goods such as description, quantity, pricing, and payment terms.
• Packing List: A detailed document, also furnished by the exporter, specifying the packaging particulars of the goods including package count, type, weight, volume, and identification markings.
• End-use Declaration: A formal statement signed by the importer, indicating the intended use of the imported food product, be it for human consumption, re-export, research, etc.
• Additional Documents: Depending on the specifics and classification of the imported food product, supplementary documentation might be necessitated, encompassing certificates like analysis, health, phytosanitary, and veterinary, among others.

Evaluation and Inspection of Food Shipments by Designated Officer

The procedure and standards for the evaluation of documentation, risk assessment, and physical inspection of food shipments by the designated officer are outlined as follows:

• The designated officer will scrutinize the provided documents from the importer and categorize the shipment based on factors such as past compliance records, nature of the food item, and country of origin.
• This assigned risk category dictates the frequency and depth of the physical inspection and sampling required for the shipment.
• The officer will conduct a thorough examination of the consignment and extract samples in accordance with the provided stuffing list.
• The physical inspection encompasses an assessment of the container's condition, the adequacy of food packaging and labeling, and the absence of any foreign or extraneous substances.

Labelling Requirements and Correctable Shortcomings as per FSS Regulations

In accordance with FSS regulations, the stipulated labelling requirements and correctable shortcomings are detailed as follows:

• The labelling of the imported food must adhere to the Food Safety and Standards (Packaging and Labelling) Regulations of 2011.
• The label must prominently feature the importer's name and address, the FSSAI logo alongside the license number, and additional specifics such as batch number, lot number, and code number.
• Essential details to be included on the label encompass nutritional information, a comprehensive list of ingredients, net quantity, manufacturing date, expiration date, and the country of origin.
• Correctable shortcomings refer to issues that the importer can address either by attaching an indelible sticker containing the necessary information or by re-labelling the entire package.
• Such correctable issues encompass omissions or inaccuracies in the aforementioned details, unauthorized use of colors, additives, or unverified claims, among others.

Amendment 2024: The Food Safety and Standards Authority of India (FSSAI) has approved a proposal to highlight nutritional details for Total Sugar, Salt, and Saturated Fat on packaged food labels using bold letters and a larger font size.

Sampling and Testing Methodologies as per Established Criteria

• Signature of Witnesses
  The Food Safety Officer must involve one or more witnesses during the sample collection and obtain their signatures on all relevant forms and documents.
• Notice to the Business Operator
  
  • If the sample is taken from the manufacturer or supplier, the officer must issue a notice in Form V-A.
  • For samples drawn from open containers, the officer should also collect another sample from a sealed container with the same labeling and inform the Food Analyst.
• Payment for the Sample
  The Food Safety Officer must pay for the sample based on its retail price at the time of collection.
• Packing the Sample
  
  • Samples should be placed in clean, dry containers (bottles, jars, etc.) that are securely sealed to prevent leakage, evaporation, or moisture entry.
  • If the sample is pre-packaged, no additional sealing is needed.
• Labeling the Package
  Each package must include the following details:
  • Sample code
  • Sender’s name and designation
  • Date and location of collection
  • Product details
  • Type and quantity of any preservative added
• Sealing the Package
  
  • The sample should be divided into four parts, each sealed and wrapped in strong paper.
  • A paper slip bearing the designated officer's signature should be affixed from the bottom to the top of the container.
  • The person providing the sample must add their signature or thumb impression to ensure part of it overlaps the slip and wrapper.
  • The package should be further secured with strong thread and wax seals showing the sender's seal impression.
• Dispatch of the Sample
  Samples must be dispatched as follows:
  • Step 1: Sent to the Food Analyst with a memorandum in Form VI.
  • Steps 2 and 3: Sent to the Designated Officer with two copies of the memorandum.
  • Step 4: Sent to an accredited laboratory along with the prescribed fee and a memorandum copy in Form VI.

Actions and Outcomes Following Receipt of Testing Results

• If the test findings confirm that the food product aligns with the stipulations of the FSS regulations, the authorized officer will promptly issue a No Objection Certificate (NOC) to both the importer and relevant customs authorities, facilitating the clearance of the consignment.
• If the test outcomes reveal non-compliance with FSS regulations, the authorized officer will issue a Non-Conformance Report (NCR) to the importer and the concerned customs authorities, leading to the consignment's rejection.
• The importer retains the right to contest the NCR within a 15-day window following its issuance.
• The importer may choose to re-export, dispose off, or donate the non-compliant consignment within 30 days from the NCR's receipt. However, such actions necessitate the explicit approval of both the authorized officer and the relevant customs authorities.
• Failure on the importer's part to adhere to the aforementioned directives will compel the authorized officer to initiate legal proceedings against the importer, by the provisions of the FSS Act and its associated regulations.

When is FSSAI NOC Exempted for Imported Food Items?

Here are the conditions in which you are not required to obtain an NOC for imported items -

• Food articles are imported for personal consumption.
• Food items imported for display at trade fair/exhibition.
• Imported food consignment is for research and development purposes.
• Imported food consignment for sports events.
• Food consignment imported for 100% export and re-export purposes.

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