The Food Safety and
Standards Authority of India (FSSAI) has tightened the rules for foreign
companies bringing food products into India.
The Food Safety and Standards Authority of India ("FSSAI") has revised the Food Safety and Standards (Import)
Regulations, 2017 by bringing into force the Food Safety and Standards (Import) (First Amendment) Regulations,
2021, by a notification dated 3 November 2021.
These laws will take effect on November 3, 2021, and Food Business Operators will be expected to comply with the new
requirements on June 1, 2022.
Foreign Food Manufacturing Facilities intending to export certain food products to India will be required to
register with the FSSAI, which will be subject to inspection by food safety officials and suspension or
cancellation in the event of any non-compliance with Indian law regarding food safety and standards.
The new regulations are comparable to those used by international food safety authorities and agencies like the
US Food and Drug Administration.
Highlights include:
· Registration: The FSSAI may,
from time to time, identify the categories of food items intended for export to
India for additional regulatory control in terms of mandatory registration with
the regulator, based on its risk assessment. Foreign Food Manufacturing
Facilities that fall into one of the above categories and want to export food
to India must first register with the FSSAI. They can apply for registration
directly or through an authorised representative using “Form 16” and the
appropriate documentation
· Inspection: If the FSSAI deems
it necessary, the Foreign Food Manufacturing Facilities may be examined in the
manner stipulated by the FSSAI. The examination might take place even after the
facilities have received their registration. It should be noted that in the
case of food categories covered by the mandatory Bureau of Indian Standards
Certification Mark Scheme and where the Bureau of Indian Standards Scheme of
inspection includes the requirements specified under Schedule 4 of the Food
Safety and Standards (Licensing and Registration of Food Businesses)
Regulations, 2011, no inspection will be required.
Registration validity,
renewal, suspension, and cancellation: The registration shall be valid for two
(2) years and may be renewed in the manner prescribed. If a Foreign Food Manufacturing
Facility or its food products intended for export to India are found to be in
violation of the Food Safety and Standards Act, as well as the rules and
regulations promulgated thereunder, their registration would be revoked or
terminated. The FSSAI, on the other hand, may examine the matter after
providing an opportunity for hearing or clarification, if necessary.