The Food Safety and Standards Authority of India ("FSSAI"), vide its notification dated 3 November 2021, has amended the Food Safety and Standards (Import) Regulations, 2017 by bringing into force the Food Safety and Standards (Import) (First Amendment) Regulations, 2021. These regulations shall become effect from 3 November 2021 and the Food Business Operator shall be required to comply with the new requirements with effect from 1 June 2022.
Under the amended regulations, the Foreign Food Manufacturing
Facilities intending to export certain food products to India will
be required to obtain registration with FSSAI, which will be
subject to inspection by the food safety officials and suspension
or cancellation in case of any non-compliance with the law in India
regarding food safety and standards. The new regime is similar to
the protocols being followed by international food safety
regulators / agencies such as the US Food and Drug
Administration.
Key Highlights:
- Registration: The FSSAI may from time-to-time based on its risk
specify the categories of food products intended for export to
India for further regulatory control in terms of mandatory
registration with the regulator. The Foreign Food Manufacturing
Facilities falling under the said categories desirous to export
such articles of food to India shall be required to register with
FSSAI before exporting to India. They may apply for registration
either directly or through authorised representative in "Form
16" along with the prescribed documents.
- Inspection: The Foreign Food Manufacturing Facilities may be
inspected if required in a manner specified by the FSSAI. The
inspection can be done even after the registration has been
obtained by the said facilities. It is to be noted that no
inspection shall be required in case of such categories of food
that are covered under mandatory Bureau of Indian Standards
Certification Mark Scheme and where the Bureau of Indian Standards
Scheme of inspection includes the requirements specified under
Schedule 4 of the Food Safety and Standards (Licensing and
Registration of Food Businesses) Regulations, 2011.
- Validity of registration and it renewal, suspension or cancellation: The registration shall be valid for two (2) years which may be renewed in the prescribed manner. If Foreign Food Manufacturing Facility or their food products intended for export to India are found not to be in compliance of Food Safety and Standards Act, rules and regulation made there-under, their registration shall be suspended or cancelled. However, the FSSAI may review the same after giving opportunity for hearing or clarification, as deemed fit.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.