Rectifiable labelling information for imported food consignments.

Document Text

Instruction No. 09/2023-Customs F.No. 401/44/2022-Cus-III Government of India Ministry of Finance Department of Revenue (Central Board of Indirect Taxes & Customs) North Block, New Delhi Dated, 7th March, 2023 To All Principal Chief Commissioner/ Chief Commissioner of Customs/Customs (Preventive) / Customs and Central Taxes, All Principal Commissioner of Customs/ Customs (Preventive) Pr. Director /Director Generals under CBIC Madam/Sir, Subject:- Rectifiable labelling information for imported food consignments - reg. Reference is invited to Instruction No. 10/2022-Customs dated 28.06.2022 relating to the above subject (copy enclosed), issued based on FSSAI's letter vide F.No.1828/Misc-Matter/FSSAI/Imports- 2021 dated 17.06.2022 to rectify certain labelling information, in addition to rectification of labelling deficiencies already provided under FSS regulations and orders issued there under. 2. Vide the Order dated 18.11.2022 issued under F.No.Import/TFM/APEX/2022-FSSAI (copy enclosed), FSSAI has informed that "to facilitate ease of trade while ensuring the safety of food imported into India, that all non compliant labels on imported food consignment may be permitted for rectification at port itself. This rectification has to be carried out at Customs bound warehouse, before visual inspection or re-inspection by the Authorised Officer or his representative, by affixing a single non- detachable sticker or by any other non-detachable method. This Authorised Officer/his representative shall verify the label compliance during visual inspection and the consignment shall be subjected to sampling and testing only if it is compliant on labelling requirements as per the FSS Regulations. " 3. In continuation to the FSSAI's Order dated 18.11.2022, FSSAI vide its clarification dated 27.12.2022(copy enclosed) has further stated that, “The labels on imported food consignments which are found to be non-compliant by laboratory during analysis, the importer may rectify the label and the concerned AO (Authorised Officer)/his representative shall verify the compliance and issue the No Objection Certificate (NOC) for the said consignment”. 4. In the context of rectification being carried out in Customs bonded warehouses, the clarification provided vide Circular No. 03/2019 - Customs dated 31.01.2019 (copy enclosed) may also be noted. 5. It is requested to sensitize the officers and trade under your jurisdiction on the above orders of FSSAI by way of issue of suitable public notice/standing order. 6. The Instruction No. 10/2022-Customs dated 28.06.2022 is modified to the above extent. 7. The difficulties, if any, in the implementation of this Instruction may be brought to the notice of the Board. 8. Hindi version follows. Encl: as above (Eric C Lallawmpuia) OSD (Customs Policy) Circular No. 3 /2019-Customs F. No: 484/03/2015-LC Govt. of India Ministry of Finance Dept. of Revenue Central Board of Indirect Taxes & Customs Of 2 2 ok 2k ok ok oi ok ok ok oe North Block, New Delhi Dated 31% January, 2019 To, All Principal Chief Commissioners/Chief Commissioners of Customs, All Principal Commissioners/Commissioners of Customs. Madam/Sir, Subject: Procedure to undertaken in bonded warehouses under section 65 of the Customs Act - reg. be followed in cases of manufacturing or other operations Representations have been received from the trade and industry with regards to Circular 38/2018-Customs dated 18.10.2018 issued on the above subject, stating that they were hitherto permitted to undertake certain operations to fulfil a statutory obligation such as Labelling/affixing RSP etc. under Section 65 of the Customs Act, 1962 in a public bonded warehouse, licensed under section 57 of the Act, ibid. However Circular 38/2018 has clarified that those operations under Section 65 should be undertaken in private bonded warehouses licensed under Section 58 of the Act thereby disallowing such operations in a Public Bonded warehouse. They have requested for relief in this regard to ease the difficulties being faced by the trade. The representations have been examined. They contain the common request to permit 2s operations required for compliance with labelling/ packing requirements under legislations pertaining to legal metrology, FSSAI, DGFT, State Excise laws etc. The request is on the ground of convenience, economies of scale, reducing transaction cost and past practice. In view of the above, Board has decided to allow labelling/ fixing RSP etc. to fulfil the 3. statutory requirement of taking permission under Section 65 of the Customs Act. Customs Bonded Warehouse without requirements compliance all in 4, 3. 6. Circular 38/2018-Customs dated 18.10.2018 stands modified to the above extent. Clarification required, if any, may be sought from the Board. Hindi version follows. ee ( er si\)\ (Temsunaro Jamir Joint Commissioner (ICD)

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