A3. Standards of Weights and Measures Act & Weights and Measures (Packaged Commodities) Rules 1977;

Governs sale of Packaged commodities in the country and requires mandatory registration of all importers of Packaged products under it.

A4. The Directorate General of Foreign Trade

Under Ministry of Commerce has by a Notification dated November 24, 2000, imposed special compliance of all the conditions of the Standards of Weights and Measures (Packaged Commodity) Order, 1977 on imports, as applicable on domestic producers and also makes import of 133 products subject to compliance of the mandatory Indian quality standards of BIS as applicable to domestic goods.

A5. BIS Act, 1986:

Governing compulsory certification in notified processed food articles like food additives, plastic packaging material used in food, drinking water etc; Issuing Voluntary certification for products under the ISI, governing ISO certification; Product Certification for importers of 133 items notified by DGFT vide notification November 24, 2000

A6. Environment Protection Act, 1986 implementing Rules for the Manufacture, Use/Import and Storage of Hazardous Micro Organisms/Genetically Engineered Organisms or Cells.

According to this Rule, prior approval of the Genetic Engineering Approval Committee will be required for import, export, transport, manufacture, process, use or sell of any hazardous micro-organisms of genetically engineered organisms/substances or cells. Production processes, in which genetically engineered organisms/substances or cells are generated or used, shall not be commenced without prior approval of the committee.

All Food Stuffs, ingredients in Food Stuffs and additives, including genetically modified organisms or cell shall not be produced, sold, imported or used except with the prior approval of the Genetic Engineering Approval Committee.

A7. The Responsibilities of the Importer

         Proper knowledge of all the requirements under various acts and rules applicable on imported products as well as those on distribution and retail sale for domestic products and should ensure:

         Ensure that the food product imported is safe and wholesome and prepared and transported and stored under sanitary and hygienic conditions and that any type of contamination is avoided.

         Records of importers, exporters and shippers.

         Avoid loading goods with pesticides, fertilisers, chemicals and hazardous substances.

         Conformity to the Quality and Safety regulations.

         Prevent Import Long shelf life and food products with very short expiry or Best Before Date.

         List ingredients in descending order of their composition on the label.

         Registration of Importers with Weights and Measures Authority.

         Proper Labelling on the package for requirements under both Weights & Measures (PC) Rules and PFA Rules

         At least one language on the label should be English or Hindi

         Food product not to be stored in the same premises as contaminants like pesticides, insecticides etc

A8. Prohibitions in Government Policy

         Import of Beef in any form and import of products containing beef in any from under Exim Policy.

         PFA (Prevention of Food Adulteration Act) prohibits import of Adulterated food – that is, food that does not conform to the PFA standards.

         Misbranded food means food that is not labelled in accordance with the PFA provisions and is a substitute or resembles to deceive or inconspicuously or is not correctly labelled.

         Unlicensed food products means import of food articles in contravention to any provisions of PFA Act or the Rules.

A9. PFA Act Definitions

Food: Food means an article used as a food or drink for human consumption other than drugs.

Adulterant: Any material which can be employed for the purpose of adulteration.

Section 6: Power of Govt./Customs: Any officer authorised by Govt. or Customs may detain any imported package which is suspected to contain articles import of which is prohibited.

B. MANDATORY LABELLING PROVISIONS

B1. DGFT orders:

In line with Weights and Measures Act, pre-packaged commodities put up for retail sale must bear;

Name and address of the importer;

Generic or common name of the commodity packed;

Net quantity in terms of standard unit of weights and measures in metric system. If the net quantity in the imported package is given in any other unit, its equivalent in terms of standard units shall be declared by the importer;

Month and year of packing in which the commodity is manufactured or packed or imported;

Maximum retail sale price at which the commodity in packaged form may be sold to the ultimate consumer. This price shall include all taxes local or otherwise, freight, transport charges, commission payable to dealers, and all charges towards advertising, delivery, packing, forwarding and the like, as the case may be.

B2. Products containing Beef

Import of beef in any form and import of products containing beef in any form is prohibited

All consignments of edible oils and processed food products, imported in bulk, shall carry a declaration from the concerned exporter on the shipping documents that the consignment does not contain beef in any form. All consignments of edible products, imported in consumer packs, shall carry a declaration on the label of the package that the product does not contain beef in any form.

B3. Prevention of Food Adulteration Act

Rule 37: Label Statements: The labels should not contain false statements.

Rule 32; Essential Labelling: Packaged food should bear name and complete address of the manufacturer, packer, vendor & importer

       Any food article manufactured outside India is packed/bottled in India, the package containing such food article shall   also bear on the label, the name and complete address of the importer and premises of the packing/bottling in India

         Name and trade name of the product

         Name of the ingredients in descending order of composition

         Net weight or volume

         Distinctive batch number or lot number

         Month and year of packing

         Best before declaration upto the month and year and also date where applicable like bread etc.

         The symbol of irradiation & licence number (irradiation is allowed only in few select commodities).

Rule 33: Language on the label at least one of the languages used for declarations on the label should be English or Hindi in devnagari script.

Rule 36: Labelling panel and size of letters of numerals this rule specifies the size of the letters and numerals to be used on the label in proportion to the size of the principal display panel

Rule 32A: Nutritional Food: Food claimed to be enriched with the nutrients like minerals, proteins, vitamins should give the quantities of such additions.

Rule 37A: Proprietory Foods: All food articles for which standards are not specified in this rule can be sold as proprietary foods only after obtaining the approval from the Government of India.

Rule 37C: Edible Oils and Fats: Packages, labels and advertisements of Edible oils and fats should not use any exaggerated expressions like "Super refined", "Extra refined", "Double Refined", “Anti Cholesterol”, “Cholesterol fighter”, “Saturated fat free” etc.

Rule 32 (I): Printing Best Before Date: All retail food packages should carry a declaration on the label of the packages the month and year in Capital letters upto which the product is the best for consumption.

Two optional formats are specified for printing this information, Consult the rule for details.

For packages of all types of milk, bread, dhokla, bhelpuri, piza, doughnuts, khoa, paneer and uncanned packages of fruits, vegetables, meat, fish and the like, it is mandatory to print the best before date along with month & year.

B4. Irradiated Food: Requirements for irradiated foods: Rule 73-78 Appendix-B.

Only few specific food items are allowed to be irradiated and the doses of irradiation is also specified. The food items specified here shall not receive the doses of irradiation in excess of the quantity specified in the said Table at the time of irradiated:-
 

Rule 37-C: Irradiated Food labelling

All irradiated foods are required to be labelled properly in accordance with the provisions of Rule 32 and 42 of the PFA

Rule 42 (S): Food Items containing MSG

Every advertisement and packages containing added MSG should carry a declaration on "NOT PECOMMENDED FOR INFANTS BELOW 12 MONTHS" in the prescribed format.

Rule 43: Notice of Addition, admixture or deficiency in food.

For all food items containing any addition or admixture or deficiency, the labels or price lists or their advertisements should clearly declare on the nature and quantity of such addition, admixture or deficiency.

B5. Use of Additives

Colours

Rule 48-A, Sale of permitted colours

Colours for use in food should be manufactured, stored and sold only under a licence and under proper labelling and ISI Certification.

Rule 23: Prohibition of Colouring Matters

The addition of unauthorised colouring matters in any food article is prohibited.

Rule 24: Label Declaration

Where an extraneous colouring matter whether natural or synthetic has been added to any article of food, there shall be displayed a statement in capital letters, just beneath the list of ingredients on the label attached as: "CONTAINS PERMITTED NATURAL /AND SYNTHETIC COLOURS".

Rule 25: Caramel Colour

Caramel may be used without any label declaration.

Rule 26: Use of Natural Colours

Following Natural Colours, can be used wherever permitted

A. (I) Beta-carotene,

(ii) Betapo-8' carotenal,

(iii) Methylester of Beta-apo-8' Acid

(iv) Ethylester of Beta-apo-8' carotenoic acid

(v) Canthaxanthin

B. Chlorophyll,

C. Riboflavin (Lactoflavin)

D. Carotenic Acid

E. Caramel

F. Annatto

G. Saffron

H. Curcumin (or turmeric)

Further, the oil used in the preparation of Annato colour, should be from the list of oils in Appendix B and should be mentioned on the label.

B6. Rule 27: Inorganic matters and Pigments

Addition of all inorganic matters and pigments is prohibited in this Rule expect Titanium Dioxide in Chewing Gum.

B7. Rule 28: Permitted Synthetic Colours

No synthetic colours or a mixture thereof are allowed to be used in food articles except the following:

B8. Rule 29: Restrictions on use of Synthetic Colour

Addition of synthetic food colour is permitted only in the following limited food items:

1. Ice cream, milk lollies, frozen desert, flavoured milk, yogurt, ice cream mix powder.

2. Biscuits including biscuits wafer, pastries, cakes, confectionery, thread candies, sweets, savouries (dal moth, mongia, phululab, sago papad, dal biji only)

3. Pea, strawberries and cherries in hermetically sealed containers, preserved or processed papaya, canned tomato juice, fruit syrup, fruit squash, fruit cordial, jellies, jam, marmalade, candied, candied crystallised or glazed fruits.

4. Non-alcoholic carbonated and non carbonated ready to serve synthetic beverage including synthetic syrups, sherbets, fruit bars, fruit beverages, fruit drinks, synthetic soft drink concentrates.

5. Custard powder

6. Jelly crystal and ice candy

Rule 31: Limits of synthetic colours

Maximum limit is 100 ppm of the final or beverage for consumption except for item no 3 above for which the maximum limit is 200 ppm.

B9. Flavours

Rule 63, Flavouring agents

Use of natural flavouring substances and artificial flavouring substances and nature identical substances are defined and listed in the Rules which can be used in different food Products.

For details refer to Rule 63

The use of the following flavouring agents are prohibited

         Coumarin and dihydrocoumarin

         Tonkabcan (Dipteryl adorat)

         B asaronc and cinameyl anthracilate

         Estragole

         Ethyl Methyl Ketone

         Ethyl-3-Phenylglycidate

         Eugenyl methyl ether

         Methyl B napthyl ketone

         P-Propylanisole

         Saffrole and Isosaffrole

         Thujone and Isothujone (a & B thujone).

B10. Rule 64: Solvent in flavour

Diethylene Glycol and Monoethyl ether shall not be used as solvent in flavours.

B11. Rule 64-A, Use of anti-oxidants, emulsifying and stabilising agents and food preservatives.

The flavouring agents may contain permitted anti-oxidants, emulsifying and stabling agents and food preservatives in flavour

B12. Rule 72-B, Use of Glycerol (Ester Gum)

The maximum limit of glycerol esters of wood resins (ester gum) when used in flavour emulsions in soft drink concentrate and carbonated water shall not exceed 100 PPM of the final beverage for consumption.

B13. Rule 64 BB Flavour-Label requirements

When an extraneous flavouring agent (only those allowed under Rule 63) is added in any food product it has to be declared on the label in the following manner: "CONTAINS ADDED FLAVOUR"

B14. Rule 64 B: Use of MSG

Monosodium glutamate may be added to an article of food under proper label declaration and total glutamate contents should not be more than one percent.

B15. Sweeteners

Rule 47: Restriction on use and sale of artificial sweeteners

Use of Artificial Sweetening agents Saccharin Sodium Aspartame, & Acesulfame is permitted only in the following few food products viz:

For details refer Rule 27.

Proviso to rule 47: Table Top Sweeteners and their Carrier or filler articles

Saccharin Sodium Aspertame, Acesulfame K can be sold individually as Table Top Sweeteners and may carry the following carrier or filler articles with proper label declaration:

Rule 42 (ZZZ) (1) Declaration of name of particular Artificial Sweetener used.

On all Packages and advertisements of the above mentioned food items containing artificial sweeteners a declaration in the following format should be printed on the label.

"This (Name of food) contain (name of artificial sweetener)."

All packages and advertisements of table top sweeteners and carbonated beverages/ synthetic soft drink concentrates containing artificial sweeteners should also carry the following declaration on the label:

"Contains(name of artificial sweetener). Not recommended for children"

Rule 42 (ZZZ) (2): Declaration Table Top Sweeteners

Packages and advertisements of Aspertame and products containing Aspertame should also carry the following label:

"Not for phenylketoneurics"

         No mixture of artificial sweeteners shall be added to any article of food or in the manufacture of table top sweeteners.

         Sale of table top sweetener without label declaration as provided in Rule 42(ZZZ) (1) and (2) is not allowed.

         Aspertame may be marketed as a tabletop sweetener in tablet or granule from in moisture-proof packages and the concentration of aspertame shall not exceed 18 mg per 100 mg of tablet or granule.

         Sucralose when sold as table top sweeteners the concentration of sucralose shall not exceed 6 mg per 100 gm of tablet or granule.

B16. Preservatives

Rule 52-53, Definition of Preservatives

Class I Preservatives i.e. natural preservatives like the following can be added without any restriction unless specifically otherwise provided.

1. Common salt

2. Sugar

3. Dextrose

4. Glucose syrup

5. Spices

6. Vinegar or acetic acid

7. Honey

8. Edible Vegetable oils

Rule 54-56, Restrictions on the use of Preservatives

Restrictions on use of class II Preservatives -only the following few class II preservatives are allowed can be used according to individual standards.

a. Benzoic acid including salts thereof

b. Sulphurous acid including salts thereof.

c. Nitrates or Nitrites of Sodium or Potassium in respect of food like ham, pickled meat.

d. Sorbic acid including its sodium, potassium and calcium salts, propionates of calcium or sodium, lactic acid and acid calcium phosphate

e. Nicin

f. Sodium and calcium propionate.

g. Methyl or Propyl Parahydroxy-Benzoate.

h. Propionic acid, including esters or salt thereof

i. Sodium diacetate, and

j. Sodium, potassium and calcium salts of lactic acid.

         Use of combination of more than one Class II preservative is prohibited

         Rule 55 specifies the preservatives and the food item in which they can be added and the prescribed limit for each.

         No Nitrate or Nitrite shall be added to any food item

B17. Anti Oxidants

Rule 59, Restrictions on the use of anti-oxidants, BHA

         No antioxidant other than lecithin, ascorbic acid, and tocopherol and BHA shall be added to any food, other than edible oils and fats.

         In edible oils and fats (except ghee and butter) the following antioxidants can be added in the corresponding limits.

BHA can be added only in the following products

Dry mixes of Rasagoollas and vadas not exceeding 0.02% calculated on basis of fat content.

Rule 59-A: Use of anti-oxidants in Vitamin D Preparation.

Vitamin D preparations may contain anti-oxidants prescribed in Rule 59 not exceeding 0.08 per cent.

B18. Poisonous Metals, Crop Contaminants and Naturally Occurring Substances

Rule 57 & Rule 57 A-B

Specification on maximum limits of poisonous metals in each type of food products are provided in Rule 57.

The MRLs have been provided for aflatoxins and other natural occurring toxic substances in Rule 57 A & B.

Aflatoxin in all articles of food is acceptable only upto 0.03 ppm level.

Other toxic substances specified in column (1) of the Table below, which may occur naturally in any article of food, shall not exceed the limit specified in the corresponding column (2).

B19. Anticaking Agents

Rule 62, Restriction on use of anticaking agents

Use of specific anticaking agents is specifically permitted for the following particular products:

         Table salt

         Onion powder

         garlic powder

         fruit powder

         soup powder

Only the following anticaking agents in quantities not exceeding 2.0 per cent, either singly or in combination are allowed in the products mentioned above:-

1. Carbonates of calcium and magnesium

2. Phosphate of calcium and magnesium

3. Silicates of calcium, magnesium aluminium of sodium of silicon dioxide.

4. Myristates, palmitates of stearates of aluminium, ammonium, calcium potassium or sodium.

         Calcium, potassium or sodium ferrocyanide may be used as crystal modifiers and anti-caking agent in common salt, iodized salt and iron fortified salt in quantity not exceeding 10mg/kg singly or in combination expressed as ferrocyanide.

B20. Emulsifying & Stabilising Agents

Rule 60: Use of Emulsifying Agents

No emulsifying or stabilizing shall be used in any food, except where the use of emulsifying or stabilizing agents is specifically permitted.

List of emulsifying or stabilizing agent permitted under this rule should be before importing:

The following emulsifying or stabilizing agents shall not be used in milk and cream.

         Monoglycerides or diglycerides of fatty acids,

         Propylene glycol stearate,

         Propylene glycol alginate,

         Methyl ethyl cellulose,

         Methyl cellulose

         Synthetic lecithin

         Sodium carboxymethyl cellulose,

         Sterayle tartaric acid,

         Esters of monoglycerides and diglycerides of fatty acid,

         Monostrearin sodium sulphoacetate,

         Sobitan esters of fatty acid or in combination,

Diacetyl Tartaric acid esters of Mono and Diglycerides are allowed to be used in Bread and Cakes.

61-A. Use of starch phosphate

Starch phosphate, gum Arabic substitute, may be used in syrup, ice-cream powder, salad dressing and pudding to a maximum extent of 0.5 per cent.

61-B. Use of emulsifying and stabilizing agents in flavouring agents.

The emulsifying and stabilizing agents may be added to flavouring agents.

61-C, Use of emulsifying and stabilizing agents in fruit products

The following emulsifying and stabilizing agents may be added to fruit products:

1. Pectin

2. Sodium alginate

3. Calcium alginate

4. Alginic acid

5. Propylene glycol alginate

61-E, Use of Xanthan Gum

Xanthan Gum may be used in food articles upto a maximum extent of 0.5 per cent by weight.

B21. Antifoaming agents in edible oils and fats

Rule 62-A

Dimethyl Polysiloxane (500), food grade, may be used as an antifoaming agent in edible oils and fats for deep fat frying upto a maximum limit of 10 parts per million.

62-B, Use of release agents in confectionery

Spreadasil silicon spray (Dimethyl Polysiloxane) if used, as release agent in confectionery shall not exceed 10 ppm of the finished products.

B22. Insecticides and Pesticides

Rule 49 (15): Prohibition on sale of insecticides

Insecticides should not be stored, exposed or sold from the same premises where articles of foods are stored, manufactured or sold.

Rule 65, Restrictions on the use of insecticides

Insecticides should not be stored, exposed or sold from the same premises where articles of foods are stored, manufactured or sold.

Rule 65, Restrictions on the use of insecticides

         Permitted pesticides and insecticides and insecticides along with their MRLs are listed in the Rule.

         At present only 71 pesticides are permitted to be used in India.

B23. Sequestering and Buffering Agents

Rule 70-72; use of sequestering and buffering agent.-

Unless otherwise provided in these rules the sequestering and buffering agents under this Rule, maybe used in specific groups of food, in concentration prescribed for each such group.

Section V: Additional Label Requirements for various specific food articles have been mentioned in PFA Rule.

B24. Infant milk Substitute & Infant foods

Rule 37 A & B Infant milk substitutes or infant foods

Infant milk substitute/Infant foods require few other mandatory labelling like declaration on "Mother's milk is best", "to be sold only under the advice of a health worker" etc.

For details refer the Rule

Proviso to Rule 59.

     Antioxidants lecithin and ascrobyl palmitate may be used only upto a maximum of 0.5 gm/100ml and 1mg/100ml respectively.

      The containers of infant milk substitute meant for low birth weight infant (less than 2500gm) or labels affixed thereto shall indicate the following additional information,

1. "For LOW BIRTH WEIGHT (LESS THAN 2,5 KG)" capital letters along with the products name in central panel

2. " TO BE TAKEN UNDER MEDICAL ADVICE" in capital letter along with the product name in central panel and

3. "the low birth weight infant milk substitute shall be withdrawn under medical advice as soon as the mother's milk is sufficiently available",

      The products which contains neither milk nor any milk derivatives shall be labeled "contains no milk or milk product" in conspicuous manner.

The container of infant milk substitute for lactose intolerant infants or label affixed thereto shall indicate conspicuously " LACTOSE FREE" in capital letter and statement " TO BE TAKEN UNDER MEDIC ADVANCE.

B25. Natural Mineral Water and other Packaged Drinking Water

Rule 42, ZZZ (15) & Rule 49 (29) Natural Mineral Water

Mandatory for the manufacturers to print "Natural Mineral Water" on the packages of the bottles under the certification of Bureau of India Standard. It also provides the description of types of Mineral Water along with the treatment and handing procedures, the standards, the standards, labelling prohibitions etc. Will be effective from March 29, 2001.

Rule 42. ZZZ(14) & Rule 49 (28) Packaged Drinking Water

The Rule gives specification on Packaged Drinking Water, also making it mandatory for the manufacturers to print " Packaged Drinking Water" on the packages of the bottles under the certification

B26. Fruit Syrup, Fruit Squash, Fruit beverage or cordial or crush

Rule 40 (2): Restriction on use of these names on Synthetic products

         All the products should contain the prescribed amount of fruit juice.

         Synthetic products which does not contain fruit juice should not use any of the above names. Every package should be clearly and conspicuously marked as "synthetic product".

         Fruit squash containing additional sodium/potassium salt should specifically declare.

B27. Coffee

Rule 42 (A): coffee chicory mix

1.      Every packages containing a mix of coffee & chicory should have the label declaration on the percentage of each in the final product in the prescribed format.

B28. Condensed/Dried milk

Rule 42 (B)

         Every package of condensed/dessicated (Dried) milk should declare the equivalent quantity of liquid milk that the contents of the tin would produce.

         For details on the format of declaration see the specified Rule

B29. Flavoured Tea

Rule 44 G:

         Flavoured Tea shall be sold only by those manufacturers who are registered with Tea Board.

Flavour of non-vegetarian source cannot be used.

B30. Dry Fruits and Nuts

Rule 48 B

Dry fruits and nuts should not contain more than 5% of insect damaged fruits or nuts by count.

B31. Honey

Rule 45

The word honey or word, mark, illustration or device that suggest honey should not be used on the label or package or advertisement of any food that resembles honey but does not contain real honey.

B32. Solvent Extracted Oils and Edible Flour

Rule 67: Sale of Solvent-extracted Oil Deoiled Meal and Edible Flour

1. Manufacture stone and sale of these oils are governed by the Solvent-extracted Oil, Deoiled Meal and Edible Flour (Control) Order, 1967 and Indian manufacturers can manufacture then only in factories licensed for the purpose under this Act.

2.  The Act specifies that not only manufacture but stock and sale of only such grades and varieties of solvent-extracted oils are allowed which are specifically permitted in sub-clause (1) of Clause 9 of the said of the said order. Hence Importers will have to see that their packing and labelling are in accordance with the requirements under clause 11 of the said order.

3. The sale or movement of stock of solvent-extracted oils under the "refined" grade that is which has been neutralised, bleached and deodorised and conforms to the appropriate standard of quality of such oil, shall be governed by the provisions of sub-clause (3) of Clause 9 of the said order, Such oil shall be sold or moved by the producer directly to industrial users thereof registered as such under the said Order, and not to any other person or through any third party.

4. The edible flour from the deoiled meal shall also be packed and labelled in accordance with the requirements under clause 11 of the said order.

69-A. Restriction on the use of solvent

No solvent other than n-Hexane (Food Grade) shall be used in the extraction of cocoa butter, oils and fats and edible soya flour.

B33. Special Declarations

Special Declarations Are Also Required To Be Made For The Following Products Under Rule 42 & 49 Importer Should Check The Labels Of Imported Products For The Prescribed Specifications.

         Fluid Milk

         Ice cream sold by vendors

         Hingra

         Light Black Pepper

         Cassia Bark

         Cinnamon

         Chilies containing added edible oil

         lce cream, kulfi, kulfa, and chocolate ice cream containing starch

         Mixed Masala

         Compounded Asafetida

         Maida treated with bleaching agents

         Packages containing admixture of imported Rape seed oil with Mustard oil

         Synthetic food colours

         Malted milk food containing permitted colouring material

         Refined Salseed fat

         Iron fortified common salt

         Refined oil

         Dried Glucose syrup

         Tea with added flavour

         Package of Admixture of Palmolein with Groundnut oil

         Annatto colour in oil

         Admixtures of edible oils

         Tobacco

         Packages and advertisements of food containing artificial sweetener

         Packages and advertisement of Pan Masala and supari

         Vanaspati from Rice Bran oil.

         Fat spread

         Surface treated Hard cheese

         Margarine made from more than 30% rice bran oil.

C.      PROHIBITIONS ON CERTAIN FOOD ITEMS RULE 44,45,46,47,48, & 49

         Cream which has not been prepared from milk or contains less than 25% milk fat

         Skimmed milk as milk

         Turmeric containing any other substance

         Milk containing added water

         Dahi or curd not prepared from milk

         Mixture of two or more edible oil

         Coffee with any substance other than chicory

         Fruits ripened by carbide

         Admixture of ghee & butter

         Ghee containing added matter not derived from milk fat

         Ghee having less Reichert value specified for the area

         Kesari Gram

         Use of acetylene gas commonly known as carbide gas in ripening food articles with mineral oil.

         Vanaspati with added ghee or any other substance.

D. SAMPLING, INSPECTION, CONFISCATION OF FOOD ITEMS OR IMPROPERLY IMPORTED GOODS, PENALTIES AND RIGHT TO APPEAL

D1. Detention & Sampling at port

PFA Act

Section 6 (2) of PFA Act: Detention of imported products

Under the PFA Act the Customs collector or any officer of the Govt. authorised by the Central Government, may detain any imported package and shall forthwith report such detention to the Director of the Central food laboratory and if, required by him, forward the package or send samples of any suspected article of food therein to the said laboratory.

E. CUSTOMS ACT POWERS

Section 144, Power to take samples

(1) The proper officer may take samples of such goods for examination or testing, or for ascertaining the value thereof

(2) After the purpose for which a sample was taken is carried out, if the owner fails to take delivery of the sample within three months of the date on which the sample was taken, it may be disposed of in such manner as the Commissioner of Customs may direct.

(3) No duty shall be chargeable on any sample of foods taken under this section which is consumed or destroyed during the course of any test of examination thereof.

Section 46, Entry of goods on importation

The importer of any goods, other than goods intended for transit or transshipment, shall make entry,

A bill of entry may be presented at any time after the delivery of import manifest or import as the case may be .

Provided that a bill of entry may be presented even before the delivery of manifest, if the vessel or aircraft by which the goods have been shipped for importation of bill of entry.

Valuation & Assessment of Duty

Section 14. Valuation of goods for the purpose of Assessment

Where Customs duty is chargeable by reference to their value, the value shall be deemed

to be the price at which such or like goods are ordinarily sold, or offered for sale, for delivery at the time and place of importation or exportation, as the case may be in the of international trade.

Subject to above provisions, the price referred to above in respect of imported goods shall be determined in accordance with the Customs Valuation (Determination of Price of Imported Goods) Rules, 1988

Section 15: Date of determination of rate of duty and tariff valuation of imported goods.

The rate of duty and tariff valuation shall be the rate and valuation in force-

a.      in the case of goods entered for home consumption under section 46, on the date on which a bill of entry in respect of such is presented under that section;

b.      In the case of goods cleared from a warehouse under section 68, on the date on which the date on which the goods are actually removed from the warehouse;

c.       In the case of any other goods, on the date of payment of duty.

Section 17. Assessment of duty

After an importer has entered any imported goods under section 46, the imported goods or such parts thereof as may be necessary may be examined and tested by proper officer, After such examination and testing, the duty, if any, leviable on such goods shall be assessed and.

For the purpose of assessing duty, the proper officer may require the importer or any other person to produce any contract, brokers note, policy of insurance, catalogue or other documents. If it is found subsequently on examination or testing of goods or otherwise that any statement in such entry or document or any information so furnished is not true in respect of any matter relevant to the assessment, the goods may, without prejudice to any other action which may be taken under the Customs Act, be reassessed to duty.

Section 28. Notice for payment of duty interest etc.

When any duty has not been levied or has been short levied or erroneously refunded, or when any interest payable has not been paid, part paid or erroneously refunded, the proper officer may, within six month, from the relevant date, serve note, serve notice on the person chargeable with the duty or interest, requiring him to show cause why he should not pay the amount specified in the notice.

Provided that in case of wrong assessment by reasons of collusion or any willful misstatement or suppression of fact by the importer the show cause demand notice can be issued Within 5 years

Consfication

Customs Act

Section 111: Confiscation

The following goods brought from a place outside India shall be liable to confiscation:-

a.      Any goods unloaded or attempted to be unloaded at any place other than a Customs airport appointed under clause (a) of section 7 of the unloading of such goods;

b.      Any goods imported by land or inland water through any route other than a route specified in a notification issued under clause (C) of section 7 for the import of such goods;

c.    Any dutiable or prohibited goods brought into any bay, gulf, creek or tidal river for the purpose of being landed at a place other than a Customs port;

d.    Any goods which are imported or attempted to be imported or are brought within the Customs waters for the purpose of being imported, contrary to any prohibition imposed by or under this Act or any other law for the time being in force;

e.     Any dutiable or prohibited goods found concealed in any manner in any conveyance;

f.     Any dutiable or prohibited goods required to be mentioned under the regulations in an import manifest or import report which are not so mentioned:

g.    Any dutiable or prohibited goods which are unloaded from a conveyance in contravention of the provision of section 32, other than goods inadvertently unloaded but included in the record kept under sub-section (2) of section 45;

h.    Any dutiable or prohibited goods unloaded or attempted to be unloaded in Contravention of the provisions of section 33 or section 34;

i.    Any dutiable or prohibited goods found concealed in any manner in any package either before or after the unloading thereof;

j.    Any dutiable or prohibited goods removed or attempted to be removed from a Customs area or a warehouse without the permission of the proper officer or contrary to the terms of such permission;

k.  Any dutiable or prohibited goods imported by land in respect of which the order permitting clearance of the goods required to be produced under section 109 is not produced or with do not correspond in any material particular with the specification contained therein;

l.    Any dutiable prohibited goods which are not included or are in excess of those included in Chapter VIII;

m.    Any goods exempted subject to any condition, from duty or any prohibition in respect of the import thereof under this Act or any other law for the time being in force, in respect of which the condition is not observed, unless the non-observance of the condition was sanctioned by the proper officer;

Section 124. Issue of show-cause notice before confiscation of goods, etc.

Confiscation can be imposed only after the owner of the goods

a.      Is given a notice in writing informing him of the grounds on which it is proposed to confiscate the goods or to impose a penalty;

b.      Is given an opportunity of making a representation in writing which such reasonable time as many be specified in the notice against the grounds of confiscation or imposition of penalty mentioned therein; and

c.       Is given a reasonable opportunity of being heard in the matter;

Section 125. Option to pay fine in lieu of confiscation

1.      Whenever confiscation of goods is authorized by this Act, the officer adjudging it may give to the owner of the goods or the person from whose possession an option to pay in lieu of confiscation such fine as the said officer thinks fit:

Provided that such fine shall not exceed the market price of the goods confiscated, less in the case of imported goods the duty chargeable thereon.

2.      Even when fine in lieu of confiscation of goods is imposed under sub-section (1), the owner of such goods or the person referred to in sub-section (1), shall, in addition, be liable to any duty and charges payable in respect of such goods.

Penalties

Section 112. Penalty for improper importation of goods etc.

Any importer whose goods are confiscated under section 111 shall be liable,-

I. In the case of goods in respect of which any prohibition is in force under this Act or any other law for the time being in force; to a penalty not exceeding five times the value of the greater;

II. In the case of dutiable goods, other than prohibited goods, to a penalty not exceeding five times the duty sought to be evaded on such goods or one thousand rupees, whichever is the grater;

III. In the case of goods in respect of which the value stated in the entry made under this Act is higher than the value thereof, to a penalty not exceeding five times the difference between the declared the value and the value thereof or one thousand rupees, whichever is the greater;

IV. In the case of goods falling both under clauses (i) and (iii), to a penalty not exceeding five times the value of the goods or five times the difference between the declared value and the value thereof or one thousand rupees whichever is the highest;

V. In the case of goods falling both under clauses (ii) and (iii) to a penalty not exceeding five time the duty sought to be evaded on such goods or five times difference between the declared value and the value thereof or one thousand rupees, whichever is the highest.

Appeal

Section 128-131-C, Appeal Provisions

Any person aggrieved by any decision or order passed under the Customs Act by any officer or Customs lower in rank than a Commissioner of Customs may appeal to the Commissioner (Appeals) within 3 months from the date of communication to him to such decision or order.

Any person aggrieved by any decision or order passed by Commissioner of Customs or any order passed by Commissioner (Appeals) may appeal to the Customs, Excise and Gold (Control) Appellate Tribunal. The detailed provision regarding appeals are contained in the section 128-131-C of the Act.

F. INSPECTION AND PENALTIES AT THE STORAGE OR SELLING POINTS BY PFA

Even after a product is brought into India and, following due verification at the port a food inspector under PFA has the power to enter and place where these articles of food are stored for sale, or exposed for sale i.e. at the warehouse or the distributor's or retailer's premises and take samples and take samples of these for analysis for checking their conformation to PFA Standards.

The Procedure

Clause 10 (1) of PFA Act; Sampling Procedures

Inspectors can formally draw a representative sample from the retailer's shelf alongwith copy of label and apply standard procedures.

When picked from the Retailer's shelf, the Standard Procedure is as follows;

A food inspector as defined in clause 9, of the Act has powers

1.      To take samples of any article of any article of food from

a.      Any person selling such article

b.      Any person who is conveying or preparing to deliver such article to a purchaser or consignee.

c.       A consignee after delivery

1.      To send such sample for analysis to the Public analyst.

2.      With the previous approval of the local (Health) Authority to prohibit the sale of any article of food in the interest of public health.

Clause 10 (2) of PFA Act

Any food inspector may enter and inspector any place where article of food is manufactured, or stored for sale, or exposed for sale or where any adulterant is manufactured or kept and take samples of such article of food or adulterant for analysis.

Clause 11 of PFA Act; Action to be taken on the samples

The Food Inspector will send the sample to Public Analyst of the local area for area for analysis

Clause 13 (1)

Public analyst shall deliver the report of the analysis to the Local (Health) Authority under intimation to the person from whom the sample was taken.

Clause 13 (2); Appeal by the aggrieved

The person from whom the sample has been taken if so desires can make an application to the court within a period of ten days from the date of the receipt of the copy of the report to get a part of the sample kept by the Local (Health) Authority analysed by the Central Food Laboratory.

Clause 13 (3)

The report by the Director CFL shall supersede the report given by the Public Analyst.

Clause 16 of PFA Act; Penalties

If any person imports into India or manufacturers for sales or stores, sells or distributes any article of food

(i) Which is adulterated or misbranded or the sale of the which is prohibited under the provisions of this act or any rule made there under or by an order of the food (Health) Authority.

(ii) Other than an article of food referred to in sub-clause (I), in contravention of any of the provision of this Act or any rule made there under.

He is liable to penalty.

The Act mentions specific penalties for specific offences under the said section

Broadly if the adulteration is just in the form of misbranding or substandard but not exactly injurious to health then he shall, in addition to the penalty to which he may be liable under the provisions of section 6 of this Act, be punishable with imprisonment for a term not less than six months but which may extend to three years and with fine not less than one thousand Rupees.

However, if the adulteration or the adulterant is injurious to health and proved to be deliberate then he is liable to (in addition to the penalty to which he may be liable under the provisions of section 6 of this Act), imprisonment for a term not less than one year which may extend to six years and with fine not less than two thousand Rupees.