Veterinary Health Certificate for Import of Milk and Milk Products into India - Customs - Instruction No. 29/2023

Instruction No. 29/2023 F.No.401/18/2020-Cus.III Government of India Ministry of Finance Department of Revenue (Central Board of Indirect Taxes Customs) North Block, New Delhi Dated, 12 December, 2023 To All Principal Chief Commissioners/ Chief Commissioner of Customs (Customs/Customs (Preventive)/Customs and Central Taxes) All Principal Commissioners/Commissioners (Customs! Customs (Preventive)) All Principal Director Generals! Director Generals under CBIC Madam/Sir, Subject: - Veterinary Health Certificate for Import of Milk and Milk Products into India -reg. Reference is invited to Department of Animal Husbandry and Dairying (DAHD) OM F.No. L-11/1/2019-Trade (E-11542) dated 17.07.2023 and 31.03.2023 (copies enclosed) on the above subject matter 2. Vide above OM dated 31.03.2023, DAHD has mandated the requirement of integrated Veterinary Health Certificate for import of Milk and Milk Product into India incorporating DAHD s sanitary requirements and requirement of FSSAI s food safety to be certified by the exporting country along with the consignments to be exported into India. The exporting country may issue single Veterinary Health Certificate, certified by Official Veterinarian or certificate with annexure as per its regulation. Vide OM dated 17.07.2023, DAHD, has increased the transition/migration time till 31st December, 2023. 3. It is requested that necessary action may be taken to sensitize officers under your jurisdiction regarding the said matter. 4. The CBIC Instructions No. 06/2020-Customs dated 20.05.2020 and Instruction No. 18/2022-Customs dated 12.08.2022 with respect to requirement of Veterinary Health Certificate for import of Milk and Milk Products is modified to the above extent. 5. The difficulties, if any, in the implementation of this instruction may be brought to the notice of the Board. Hindi version follows. Yours faithfully, Radhe Krishna Under Secretary, Cus-Ill Customs Policy Wing Email: [email protected] Encls : As above File No. L-11/1/2019-Trade (E-11542) Government of India Ministry of Fisheries, Animal Husbandry and Dairying Department of Animal Husbandry and Dairying Krishi Bhawan, New Delhi-110 001 Dated the 17th July, 2023. OFFICE MEMORANDUM Subject: Veterinary Health Certificate for Import of Milk and Milk Products into India - regarding. Vide this Department s O.M. of even number, dated 31st March, 2023 (copy enclosed), the integrated Veterinary Health Certificate for import of Milk and Milk Product into India, encorporating DAHD s sanitary requirements and FSSAl s food safety requirements was issued which has to be certified by the exporting country along with the consignments to be exported into India. 2. Under para 5 of said O.M. dated 31st March, 2023, it was stated that the revised integrated Veterinary Health Certificate (VHC) would come into force with immediate effect. However, considering the Ease of Doing Business , it will be completely in operation after transition time of 60 days i.e. Veterinary Health Certificate by DAHD issued on dated 24th December, 2019 or integrated VHC from exporting country with consignments will be considered for post-import clearance into India during migration time of 60 days . 3. Now, based upon representations received from various stakeholders, the transition/migration time has been increased till 31st December, 2023. The imported consignments of milk and milk products having bill of lading / date of issuance of VHC from exporting countries after 31st December 2023 will only be considered for post-import clearance based upon integrated Veterinary Health Certificate for import of Milk and Milk Product into India. 4. Further, a few stakeholders has also requested clarification on para 4 of said O.M. dated 31st March, 2023 which states that The exporting country may issue single Veterinary Health Certificate, certified by Official Veterinarian or certificate with annexure as per its regulations. The said provision has been kept to facilitate trade considering different regulations in exporting countries. It is to clarify that as some countries are having regulations to issue / certify Sanitary clauses and Food Safety clauses by different agencies, the said provision has been kept in Indian protocol i.e. sanitary clauses should be certified by Official Veterinarian and; Food Safety clauses should be certified by Authorized Officer (eg. Food Safety Officer). However, if any country issues single certificate from a single agency, having Sanitary clauses as well as Food Safety clauses, it should only be certified by Official Veterinarian of exporting country. In any case, the Sanitary clauses and Food Safety clauses should be as per Indian protocol. 5. This has the approval of the Hon ble Minister for Fisheries, Animal Husbandry and Dairying. (Dr. Gagan Garg) Deputy Commissioner (Trade) Encl: As above. File No. L-11/1/2019-Trade (E-11542) Government of India Ministry of Fisheries, Animal Husbandry and Dairying Department of Animal Husbandry and Dairying Krishi Bhawan, New Delhi-110 001 Dated the 31 st March, 2023. OFFICE MEMORANDUM Subject: Veterinary Health Certificate for Import of Milk and Milk Products into India - regarding. The Veterinary Health Certificate for import of Milk and Milk Product into India was made in force vide this Department s O.M. No. L-110109(4)/15/2019-Trade (E-14537), dated 24th December, 2019. Further, vide this Department s O.M. No. L-110102(1)/1/2018-Trade (E-7526), dated 10th August, 2020, it was clarified that the said requirement is applicable for import of milk and milk products into India as included under different chapters for human consumption as food in Indian import policy (whether Sanitary Import Permit is applicable or not). 2. Vide Order No. 1829/Health Certificate/FSSAl/lmports-2021, dated 3rd August, 2022, Food Safety and Standards Authority of India (FSSAI) also notified its requirements of Health Certificate related to food safety. There was much confusion among stakeholders including exporting countries as well as food importers on applicability of requisite Veterinary Health Certificate in this regard, as this Department is regulating import of livestock products including food of animal origin for human consumption under the Live-stock Importation Act, 1898 since inception. Forum of Indian Food Importers also requested to this Department to align the technical aspects between the two Government of India agencies (DAHD and FSSAI). 3. In order to facilitate trade, the integrated Veterinary Health Certificate for import of Milk and Milk Product into India, encorporating DAHD s sanitary requirements and FSSAl s food safety requirements is enclosed herewith which has to be certified by the exporting country along with the consignments to be exported into India. 4. The exporting country may issue single Veterinary Health Certificate, certified by Official Veterinarian or certificate with annexure as per its regulations. The said provision has been kept to facilitate trade considering different regulations in exporting countries. 5. The revised integrated Veterinary Health Certificate (VHC) will be into force with immediate effect. However, considering the Ease of Doing Business , it will be completely in operation after transition time of 60 days i.e. Veterinary Health Certificate by DAHD issued on dated December, 2019 or integrated VHC from exporting country with consignments will be considered for post-import clearance into India during migration time of 60 days. 6. Any proposal of mutual agreement on the clause (s) related to DAHD s sanitary requirements or FSSAl s food safety requirements shall be enrouted though this Department to avoid ambiguity in future. The food safety related negotiations and agreements shall be carried out by FSSAI and will keep DAHD informed about it. However, the decision on any proposal of mutual agreement on Veterinary Health Certificate for export of milk and milk products into India will be taken by this Department as per mandate given by Government of India, as well as considering holistic approach. 7. This has the approval of the Hon ble Minister for Fisheries, Animal Husbandry and Dairying. (Dr. Gagan Garg) Deputy Commissioner (Trade) Encl: As above. VETERINARY HEALTH CERTIFICATE FOR IMPORT 1 OF MILK AND MILK PRODUCTS INTO INDIA l. GENERAL INFORMATION 1 . Veterinary Health certificate No: Date: 2. Competent Authority 2.1 Ministry: 2.2 Department: 2.3 Contact Details and Email: 3. Invoice No. and Date: 4. Quantity 5. Consignor / exporter Name: Address: Tel. no. and Email: 6. Consignee /importer: Name: Address: Tel. no. and Email: 7. Country of origin: ISO Code: 8. Place of loading 9. Count of Destination: ISO Code: 10. Declared Port of Entry 2 11. Mode of Transport: 12. Identification of the product as described below: (multiple lines may be used for multiple products) a) Description of the food along with HS code: Intended purpose: b) Name and address of Manufacturer / Establishment Approval number/s of establishment /s (Number /Date / Validity) along with Name and address of the Registration/ Accreditation Authority c) Name of the product Lot no. / Batch no. Type of packa in Number of packa es Net Weight d) Date of Manufacture or Packaging Best before (if applicable) Date of Expiry -------- 1 Import of livestock products into India is subjected to fulfillment of the Live-stock Importation Act, 1898 and the rules / regulations thereunder as notified time to time. 2 Port of Entry as notified by Department of Animal Husbandry and Dairying, Ministry of Fisheries, Animal Husbandry and Dairying, Government of India considering applicability of Sanitary Import Permit (SIP) or not, as the case may be. ll. CERTIFICATION* The undersigned Official Veterinarian certifies that the product(s) described above satisfies the following requirement: 1. General Conditions : a) The source animals have never been fed with feeds produced from meat or bone meal including internal organs, blood meal and tissues of ruminant origin and porcine origin materials except milk and milk products. b) The milk product has not been manufactured using animal rennet. 2. Sanitary Conditions : a) The milk has been processed (including destruction of FMDV 3 ) to make it fit for human consumption as recommended by World Organization for Animal Health (WOAH). b) The milk has been processed to a temperature, which ensures destruction of organisms causing Tuberculosis, Listeriosis, Para tuberculosis, Q fever and Brucellosis. c) The animals from which the milk has been derived were not exposed to Bovine Growth Hormones (BGH) / Bovine Somatotropin Hormones (BST). d) The Source animals were not subjected to estrogenic treatment in last 90 days. e) Milk / milk products do not contain preformed Bacterial toxins such as those produced by Bacteria belonging to Staph. aureus, Bacillus cereus, Clost. perfringes and Clost. botulinum. 3. Food Safety Conditions 4 .. The attestation from authorized official is annexed. Official stamp: Signature Official Veterinarian Name: Designation: Address and Email: Date: --------- 3 As recommended under the Article 8.8.25 of Terrestrial Animal Health Code by WOAH, wherever applicable. 4 As notified by the Food Safety and Standards Authority of India, Ministry of Health Family Welfare, Government of India. *This certificate is valid for 90 days from the date of issue. ANNEXURE *3. Attestation for Food Safety conditions**: The undersigned Official Veterinarian or Authorised Official certifies that the product(s) described above satisfies the following requirement: a) Were manufactured at (an) establishment (s) that has / have been approved by, or otherwise determined to be in good regulatory standing with the Competent Authority in the exporting country. b) Does not contain drug/ antibiotics / mycotoxins / pesticides/ heavy metal residues etc., above the limits prescribed by the Food Safety and Standards (Contaminants, toxins and Residues) Regulations, 2011 c) Conforms to the microbiological requirements specified in Appendix B of Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011 d) Complies with the standards of Milk and Milk products as specified under the Food Safety and Standards (Food Product Standards and Food Additives) Regulations, 2011 e) Contains only those food additives as specified in Appendix A of Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011 within the limits specified. f) Prepared, packed, held and transported prior to export under good hygienic conditions and an effective food safety control system, implemented within the context of HACCP systems where appropriate and in accordance with the requirements specified in Schedule 4, as applicable, of the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011 (India) and such other guidelines as specified from time to time under the provisions of the Food Safety and Standards Act, 2006. g) Regular inspection/ monitoring of checks in according with FSS Act, 2006, rules and regulations made thereunder and as per the criteria specified by FSSAI. h) Conditions for transport / storage: Frozen / Chilled / Ambient / i) Temperature required during storage and transportation: Official stamp: Signature Official Veterinarian or Authorised Official Name: Designation: Address and Email: Date: ** Where it is not applicable, strikethrough the requirement. *This certificate is valid for 90 days from the date of issue. Post Import Requirements: 1. On arrival in India, the consignment and the documents shall be examined by the Regional Officer/ Quarantine Officer, Animal Quarantine and Certification Services and / or Authorized Officer designated by Food Safety and Standards Authority of India. 2. Samples may be taken from the milk / milk products for examination, if applicable. 3. In case the documents do not conform to the requirements and the product is not as per protocol, the Department of Animal Husbandry and Dairying, Ministry of Fisheries, Animal Husbandry and Dairying, Government of India and / or Food Safety and Standards Authority of India, Ministry of Health Family Welfare, Government of India, respectively, will take appropriate action at the cost of importing agency.