Rectification of Labelling in Food Consignments Allowed in Customs Bonded Warehouses

· Temporary Standards for Clove Stem Import allowed wrt to “Use Before” Declaration

· 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.

[CBIC Instruction No. 09/2023-Customs dated 7 March, 2023]

Subject:- Rectifiable labelling information for imported food consignments.

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.

F.No. 401/44/2022-Cus-III