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OFFICE
OF THE COMMISSIONER OF CUSTOMS, |
PUBLIC NOTICE NO. 139
/2001
Sub:
Application of PFA Act, 1954 for the clearance of consignments of food articles
- instructions - regarding.
******
Government
of India, Ministry of Finance, Department of Revenue, New Delhi, Circular
No.103/2000-CUS, vide F.No.450/21/98-CUS.IV dated 15.12.2000, is reproduced
below for the guidance of the importers, clearing agents and trading public.
Sd/-
C11/28/2001-AP (PORT)
(JOSEPH DOMINIC)
CUSTOM HOUSE, CHENNAI-1. COMMISSIONER OF CUSTOMS (PORT)
DATE: 02.07.2001
______________________________________________________________________
CIRCULAR NO.103/2000-CUS
F.NO.450/21/2000-CUS.IV
DATED 15.12.2001
Reference
is invited to Board’s Circular No.29/99-Cus. dated 25th May, 1999 on
the above mentioned subject. In the said Circular, it was provided that no
consignment of food articles would be cleared without taking no objection
certificate from the Port Health Officers (PHOs). Since then several references
have been received from the trade as well as Customs field formations stating
that the testing of samples of all the consignments of food articles in Central
Food Laboratories causes delay in clearance of such articles. The Ministry of
External Affairs has also highlighted such problems faced by trade at the
Indo-Nepal border. Considering the difficulties faced by the trade, the said
Circular has been reviewed in consultation with the Ministry of Health and
Family Welfare.
2.
Pursuant to the said review, the following
decisions have been taken for clearance of food articles.
2.1
The Customs shall undertake following general
checks in addition to testing of samples in terms of sub-paragraphs 2.3 and 2.4
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 labeling 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
The perishable food items like fruits, vegetables,
meat, fish, cheese etc. which have quick turnover and which, once opened, can
lead to quick spoilage, if not kept in refrigerated conditions, 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 internationally known testing
labs or government labs about these products conforming the food safety and
quality of such products. If perishable items such as raw meat, fish etc. are
not meant for direct use by the importer, samples shall be taken and tested.
The consignments should be released after receipt of test report. Pending
testing, goods may be stored under bonded warehouse in proper refrigerated
conditions.
2.3
(i) As regards
non-perishable items, it has been decided to categorise the products of mass
consumption like edible oil, pulses, cereals as high risk products. The list of
high risk products may be expanded by the DGHS/Ministry of Health and Family
Welfare to include the products, which are found to have failed the post
clearance tests consistently. For such high risk category all the consignments
shall be referred to PHOs for necessary testing and clearance will be allowed
after taking no-objection certificate from PHOs.
2.3 (ii) However, for
products other than high risk items, a random approach of testing may be
introduced. This would involve testing of 5% of consignments of food items
brought in a day. The random selection of the food products to be tested shall
be done taking into consideration factors like the nature of the product, its
source of origin and past track record of the importer as well as the
manufacturer. The remaining 95% of the consignments shall be cleared after
conducting checks as per sub-para 2.1 above and these shall not be referred to
the PHOs. The consignments to be tested shall be selected at random by the
system. In manual system, the consignments to be tested shall be selected by
the Assistant Commissioner/Deputy Commissioner of Customs.
2.4
In case of high risk items, not imported in bulk, through
land routes, sampling will be done from every consignment. After taking
samples, such consignments may be allowed too be store in the Customs bonded
warehouses until the report of analysis is available. If the product fails the
test, the Custom authorities will ensure that the goods are re-exported out of
the country or destroyed as required under the relevant rules.
2.5
As regards ICDs/CFSs/ports/airports, 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.
2.6
The Customs shall also develop a data base regarding
importers and import sources and products which are found to consistently fail
the tests and give some feedback on the nature of the shortcomings noted to the
DGHS to serve as input for policy formulation.
3. The
Board Circular No.29/99-Cus. dated 25th May, 1999 stands rescinded.
ATTESTED
(S.
SANKARAVADIVELU)
DY. COMMR.
OF CUSTOMS (APPG)
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