TMI BlogCustoms Clearance Procedure for Food Items, Livestock Products, Plant and Plant Materials.X X X X Extracts X X X X X X X X Extracts X X X X ..... he imports of above products are to be dealt with. The Customs has a pivotal role to play because, it is the agency stationed at the border to enforce the rules, regulations and orders issued by various administrative Ministries. 2. Until very recently, the general awareness about various rules and regulations on importation of food items, livestock products, plant materials and other agricultural commodities was somewhat limited because, the bulk of the items were not allowed to be imported into the country. The licensing mechanism itself acted as a check on unbridled imports. The situation has changed after removal of Quantitative Restrictions with effect from 1.4.2001. Now there is a real danger of import of these items flooding the market which could, unless regulated properly, adversely affect the health and safety of our human and animal population. The WTO Agreement on the Application of Sanitary and Phytosanitary Measures enables member countries to take sanitary and phytosanitary measures necessary for the protection of human, animal or plant life or health, provided that such measures are not inconsistent with the provisions of this Agreement. The Agreement permits t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all manufacturers of meat/poultry products exporting their goods to India shall be required to meet the sanitary and hygienic requirements as stipulated under Schedule-II of the aforementioned Order. The imported product shall also comply with the specified packaging, labeling and quality standards as laid down in Schedule-IV of the Order. It is provided that the Customs has to ensure compliance of these conditions before allowing clearance of the consignments. 5. In regard to edible/food products, the notification stipulates that the import of such products, domestic sale and manufacture of which are governed by Prevention of Food Adulteration Act, 1954, shall be subject to all the conditions laid down in the said Act. Import of all these products thus will have to comply with the quality and packaging requirements as laid down in the aforesaid Act. The notification enjoins Customs to ensure compliance of these conditions before allowing clearance of the consignments. 6. Further, as per the aforesaid notification, import of all primary agricultural commodities will be subject to a Bio Security Sanitary-Phytosanitary Import Permit, to be issued by Department of Agricult ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of livestock products in such a manner that these imports do not adversely affect the human and animal health population of the country. Under the said Livestock Importation Act, 1898, the Department of Animal Husbandry and Dairying has issued a notification on 7.7.2001 to regulate the import of livestock products, namely, (i) meat and meat products of all kinds including fresh, chilled and forzen meat, tissue or organs of poultry, pig, sheep, goat; (ii) egg and egg powder; (iii) milk and milk products; (iv) bovine, ovine and caprine embryos, ova or semen; and (v) pet food products of animal origin. A procedure has also been laid down to regulate such imports. The notification, inter-alia, provides that import of livestock products will be allowed against valid sanitary import permit issued by the Department of Animal Husbandry and Dairying and the same will be allowed only through the airports and seaports at Delhi, Mumbai, Kolkata and Chennai which have Animal Quarantine and Certification Services Stations. 9. Taking note of various developments referred to above, the Central Board of Excise Customs has issued detailed instructions, laying down procedures for clearance o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ties of importers it has been decided that pending receipt of the test report, such consignments can be allowed to be stored in warehouses under section 49 of the Customs Act, 1962 . The circular makes it clear that clearance for home use will be allowed only after receipt of the test report. If the product fails the test, the Customs authorities will ensure that the goods are re-exported out of the country by following the usual adjudication procedure or destroyed as required under the relevant rules. As regards ICDs/CFSs/Ports/ACCs/LCSs where PHOs are not available, the Customs is required to draw the samples and get them tested from the nearest Central Food Laboratory or a Laboratory authorised to conduct such testing by the Directorate General of Health Services. 12. In addition to testing of food items under the PFA Act, 1954, these items shall also be subject to examination/testing to ensure compliance of the requirements of other Acts, Regulations and Orders such as Meat Food Products Order, 1973, PFS Order, 1989, the Livestock Importation Act, etc., if applicable, before these are allowed clearance into the country. Customs Clearance Procedure for Livestock Produ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the livestock products are granted clearance for home consumption only after necessary permission is granted by the concerned quarantine or veterinary authorities. It may be noted that the Government has recently issued a notification on 30.5.2001 prohibiting import of all poultry products from Hongkong (China), Honduras, Italy, Laos and Pakistan for a period of six months from the date of issue of this notification in view of reported outbreak of Avian Influenza (Fowl Plague) in these countries. The products prohibited for import are domestic and wild birds, day-old chicks, turkeys, poultry and other newly hatched avian species, hatching eggs, semen of domestic and wild birds, fresh meat of domestic and wild birds, products of animal origin (from birds) destined for use in animal feeding or for industrial use, pathological material and biological products (from birds) which have not been processed to ensure the destruction of Avian Influenza (Fowl Plague) virus. The question of allowing clearance of these products for home use, therefore, does not arise. Plant / Plant Materials for Sowing / Planting / Propagation / Consumption: 17. The above products are allowed to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e supervision of the Plant Quarantine Officer, in presence of Customs Officers after giving due notice in advance i.e. for perishable plant material 24-48 hours and 7 days in other type of plant material. 18. The Customs will have to ensure that plant/plant material (primary agricultural products) are granted clearance for home consumption only after necessary permission is granted by the concerned Plant and Quarantine Officer. Reference: Circular No.36/2001-Cus., dated 15.6.2001 (issued from F.No.450/21/98-Cus.IV); Circular No.43/2001-Cus., dated 6.8.2001 (issued from F.No.450/44/2001-Cus.IV); CBEC letter F.No.450/80/2000-Cus.IV dated 24.7.2000 ; DGFT Notification No.44(RE-2000)/1997-2002, dated 24.11.2000 ; DGFT Policy Circular No.38(RE-2000)/1997-2002, dated 21.1.2001 ; DGFT Notification No.3(RE-2001)/1997-2002, dated 31.3.2001 ; Department of Animal Husbandry and Dairying Notification dated 7.7.2001 (issued from F.No.109-6/2001-Trade); Department of Animal Husbandry and Dairying Notification dated 30.5.2001 [issued from F.No.50-4/84-LDT (AQ)]; Department of Agriculture Co-operation letter F.No.82-2/2001-P D, dated 11/15.5.2001; Department of Agriculture Co- ..... 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