F.No. S/26-MISC-954/01 CFS(I) Date: 31.12.2001

Imp. No.2-8-1-2002

Exp. No. 2 –8-1-2002

PUBLIC NOTICE NO. 2/2002 date 7/01/2002

Sub : Application of PFA Act, 1954 and other Acts for the clearance of consignments of food articles – examination and testing of food items prior to custom clearance – reg.
Attention of all Importers, CHA’s & members of the trade is invited to the above mentioned subject matter. Import consignments of food articles are required to be tested under Prevention of Food Adulteration Act, 1954 and other allied laws before customs clearance.

2.1 The customs shall undertake the following general checks in addition to testing of sample in terms of sub-paragraph 2.2 or 2.3 and Paragraph 3 prior to clearance of food items and if the product does not satisfy these requirements clearance shall not be allowed.

(a) The condition of the hold in which the products were transported should be checked to see whether they meet the requirements of storage, as per the nature of the product, and does not in any way cause deterioration or contamination of the products.

(b) Physical/visual appearance in terms of possible damage whether it is swollen or bulged in appearance; and also for rodent/insect contamination or presence of filth, dirt etc.- should be checked.

(c) The product should meet the labelling requirements under the Prevention of Food Adulteration Rules and the Packaged Commodities Rules. This includes ensuring that the label is written not only in any foreign language, but also in English. The details of ingredients in descending order, date of manufacture, batch no., best before date etc. are mandatory requirements. All products will also have to indicate details of best before on all food packages. (Reference Ministry of Health notification No. GSR 537(E) dated 13th June 2000)

2.2 All consignments of edible/food products imported through ports, airports, ICDs, CFSs, Land Customs Stations shall be referred to PHOs for testing and clearance shall be allowed only after receipt of the test report. Pending receipt of test report, such consignments may be allowed to be stored in warehouses under section 49 of the Customs Act, 1962. If the product fails the test, the Customs authorities will ensure that the goods are re-exported out of the country by following the usual adjudication procedure or destroyed as required under the relevant rules.

2.3 The perishable food items like fruits, vegetables, meat, fish, cheese etc. have quick turn over and which, once opened, can lead to quick spoilage, if not kept in refrigerated conditions. On import of such items for direct use by the importers such as, hotels, etc., notwithstanding anything contained in para 2.2 above, the consignments should not be subject to drawal of samples and testing prior to clearance of the same. Such items should be cleared after conducting the checks as mentioned in sub-para 2.1 above and relying on the certificates from the internationally known testing labs or government labs about these products conforming the food safety and quality of such products. However, if perishable items such as raw meat, fish etc. are not meant for direct use by the importer, samples shall be taken and tested prior to clearance of the same as mentioned in para 2.2 above.

2.4 As regards ICDs / CFSs/ports airports LCSs, where Port Health Officers are not available, the Customs shall draw the samples and get these tested from the nearest Central Food Laboratory or a laboratory authorised for such testing by the Directorate General of Health Services.

3. In addition to testing of food items under the PFA Act, 1954, these items shall also be subject to examination/testing to ensure compliance of the requirements of other Acts, regulations and orders such as Meat Food Products Order, 1973. Plants, Fruits and Seeds (Regulation of Import into India) Order, 1989, the Livestock Importation Act etc. for the time being in force if these are also covered by these Acts/Orders, before these are allowed clearance into the country.

Sd/-
(RAMESH RAMACHANDRA)
COMMISSIONER OF CUSTOMS (GEN.)
NEW CUSTOM HOUSE,
MUMBAI.


Attested by:


(V.K. SRIVASTAVA)
DY. COMMISSIONER OF CUSTOMS,
C.F.S.MULUND (IMPORT)

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