Practical guide to import Food Products and Beverages in India

Objective

 The following document is a practical guide which clarifies regulations and legislation applicable for food and beverage products exported to India.India is an interesting market for the Food and Beverage industry, however there are challenges especially concerning the import procedures and labelling laws. Food safety laws in India have been effective under the FSSAI (Food Safety and Standards Authority of India).

FSSAI (www.fssai.gov.in) and Indian customs (http://cbec.gov.in) are two agencies that play a critical role from the legislative perspective. It is very important for Flemish exporters to work with Indian importers/distribution agents who are familiar with the laws governing the products being imported. 

1)   Key Agencies involved in THE import of F&B-products

Food Safety and Standards Authority of India (FSSAI), http://fssai.gov.in, is an autonomous body established under the Ministry of Health & Family Welfare, following the Food Safety and Standards Act 2006. This Act is responsible for formulating the standards of products and the labelling legislation. It samples and controlls each consignment arriving in India. If the food products are not as per FSSAI- regulations, the consignment will be rejected and will not be allowed into India. Flemish businesses exporting food products to India must be aware of the FSSAI procedures and regulations relating to food product import.

Other government departments in India working in tandem with FSSAI:

Ministry of Agriculture, Department for Plant Quarantine Organization: this department publishes the Plant Quarantine Order. If you take a look at the link you will come across products allowed to be exported from any country to India (http://plantquarantineindia.nic.in/PQISPub/pdffiles/pqorder2015.pdf).The Department is also responsible for the issuance of the import permits;

2)   Thumb rules for importing

·       Is your product permitted to be imported in India?;

·       Is your product labelling compliant with the Indian legislation?;

Important notes :

° the documentation required for import can vary from port to port and from product to product.

° alcoholic beverages have much more specific legislation in comparison to food items.

2.1)  Is your product permitted to be imported in India?

2.1.1)   Processed food: defined standards for products

FSSAI has definitions for several products. In the past the Authority used to define very specific standards but today they are tending towards international standards.

FSSAI launched a quick access portal where the general standards, metal contaminants and information on food additives allowed in the products can be found.

http://fssai.gov.in/quickaccess/getSubCategoryList?productid=0&productname=

If your product is not matching with the defined standards, the potential importer can ask for a NOC (Non-Objectionable Certificate) with FSSAI. This procedure is quite time consuming.

2.1.2)   Fresh fruit and vegetables

Fruit and vegetables can only be exported from Belgium to India if they are mentioned in the Plant Quarantine Order (PQO). In this Order the additional declarations required to be incorporated into the phytosanitary certificate and the special conditions of import are also defined.

2.1.3)   Meat and dairy products

India has a specific certificate for pork meat, milk and dairy products and a global certificate for poultry.

Important note : beef cannot be imported into India.

 La-belling requirement to import food products in India

1.      Name of the product;

2.      Manufacturer’s name and address;

3.      Date of manufacture (production date);

4.      List of ingredients (in descending order – not required in case of a single ingredient);

5.      Best consumed before, or Use by date, or Date of Expiry (not necessary if % of alcohol > 10%).

Data that can be mentioned on a sticker which is added in a bonded warehouse.

Some labelling can be done in a bonded warehouse provided permission was requested prior to the goods being checked by FSSAI. Stickers are allowed.

1.      Importers FSSAI License number;

2.      Importers name & address.

2.2.3)   Labelling requirement in case of primary food

Five mandatory data on the product label are required when goods enter India.

These data have to be put on imprints (not on stickers) when the goods arrive at the border. If these data are not mentioned on the labels, the goods cannot be imported.

1.      Name of the product;

2.      Manufacturer’s name and address;

3.      Date of packing.

 Some data can be mentioned on a sticker which is added in a bonded warehouse. Some labelling can be done in a bonded warehouse provided permission was requested prior to the goods being checked by FSSAI. Stickers are allowed.

1.      Importers FSSAI License number;

2.      Importers Name & Address.

 2.3)  Is the potential Indian importer a professional?

 The importer has to be registered with FSSAI. His license number must be mentioned on the product (sticker allowed, see labelling FSSAI). FSSAI has recently published a manual on import. This can help you to check if your potential importer knows the food & beverage business.

https://ics.fssai.gov.in/pdf/User%20Reference%20Manual%20of%20FICS%20for%20CHA%20 and%20Importer.pdf