India Tightens Dairy Product Import Standards

India has introduced stricter import standards for milk, cheese, and butter across multiple regulatory frameworks, reinforcing food safety and product compliance requirements

Compliance Analysis: Stricter Import Standards for Milk, Cheese, and Butter in India

India has introduced stricter import standards for milk, cheese, and butter through the Draft Food Safety and Standards (Import) Amendment Regulations, 2024, reinforcing food safety and compliance requirements under the Food Safety and Standards Act, 2006 (FSS Act). The amendments primarily focus on methods of analysis for imported food samples and timelines for laboratory reporting, ensuring alignment with international standards while maintaining domestic food safety objectives.

Key Regulatory Changes

The Draft Food Safety and Standards (Import) Amendment Regulations, 2024 amend the Food Safety and Standards (Import) Regulations, 2017 to enhance compliance for dairy imports. Below are the critical provisions:

1. Methods of Analysis for Imported Food Samples

• Substitution of Regulation 10(4)(b):
  • Laboratories must use methods of analysis prescribed in manuals adopted or amended by the Food Safety and Standards Authority of India (FSSAI)¹.
  • If a specific parameter’s method is not available in FSSAI manuals, laboratories may adopt validated methods from internationally recognized agencies, including:
  • AOAC, ISO, Pearson’s, Jacob, IUPAC, Food Chemicals Codex, BIS, Codex Alimentarius, Woodmen, Winton-Winton, or Joslyn¹.
  • This ensures scientific rigor while allowing flexibility for parameters not covered by FSSAI’s existing manuals.

2. Laboratory Reporting Timelines

• Substitution of Regulation 10(5):
  • Notified or referral laboratories must submit the laboratory analysis report (FORM-2) within five days of receiving the sample¹.
  • The report must be signed by the Food Analyst or Director of the laboratory¹.
  • This tightens the turnaround time for compliance verification, reducing delays in customs clearance.

3. Applicability and Scope

• Products Covered: All imported food articles, with specific emphasis on milk, cheese, and butter (though the regulations apply broadly to all food imports)².
• Geographic Scope: Applies to all trading partners exporting food to India².
• Legal Basis: Enacted under Section 92(2)(e) of the FSS Act, 2006, which empowers FSSAI to frame regulations for food imports¹.

4. Stakeholder Consultation and Implementation

• Public Consultation Period:
  • The draft regulations were published on 3 October 2024 in the Gazette of India¹.
  • Objections or suggestions must be submitted within 60 days (by 6 January 2025) to:
  • Chief Executive Officer, FSSAI (via email: `regulation@fssai.gov.in` or postal address)¹.
• Proposed Enforcement:
  • The entry into force date is yet to be decided but may follow a six-month transition period post-publication².
  • No international standard (e.g., Codex Alimentarius) is explicitly adopted; the regulations are India-specific².

Regulation Analysis

Compliance Implications for Importers

1. Documentation:
   • Importers must ensure laboratory reports (FORM-2) are signed by authorized personnel and submitted within 5 days of sample receipt¹.
   • Methods of analysis must be pre-approved (FSSAI manuals) or validated (international standards)¹.

1. Testing Protocols:
   • Laboratories must align with FSSAI’s manuals or justify the use of alternative methods (e.g., ISO, AOAC)¹.
   • No deviation is permitted unless the method is internationally recognized¹.

1. Timeline for Enforcement:
   • The 60-day consultation period ends on 6 January 2025².
   • Final regulations may take effect six months post-publication (exact date TBD)².

1. Penalties for Non-Compliance:
   • While the draft does not specify penalties, the FSS Act, 2006 imposes:
   • Fines up to ₹10 lakh (Section 50)¹.
   • Imprisonment up to 6 months for repeat offenses (Section 55)¹.
   • Non-compliant shipments may be detained or rejected at customs¹.

Summary Answer

India’s Draft Food Safety and Standards (Import) Amendment Regulations, 2024 introduce stricter compliance requirements for milk, cheese, and butter imports, focusing on methods of analysis and laboratory reporting timelines. Key changes include:

• Mandatory use of FSSAI-prescribed or internationally validated methods for food sample analysis¹.
• 5-day deadline for laboratories to submit signed reports (FORM-2)¹.
• Applicability to all trading partners, with a 60-day public consultation period ending on 6 January 2025^{2, 1}.
• No adoption of international standards (e.g., Codex), as the regulations are India-specific².

Importers must align testing protocols with FSSAI’s manuals or justify alternative methods to avoid customs delays or penalties under the FSS Act, 2006. The final enforcement date is pending but may follow a six-month transition period². For further details, stakeholders may submit feedback to FSSAI via `regulation@fssai.gov.in`¹.

Sources

1. ↩ Draft Food Safety and Standards (Import) Amendment Regulations, 2024 https://members.wto.org/crnattachments/2024/TBT/IND/24_07435_00_x.pdf
2. ↩ Draft Food Safety and Standards (Import) Amendment Regulations, 2024 https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/G/SPS/NIND318.pdf&Open=True