Compliance for Import of Livestock & Livestock Products

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Compulsory Compliance Requirement for Import of Livestock and Livestock Products

1. Introduction

1.1 The import of livestock and livestock products into India is regulated by the Livestock Importation Act, 1898 as amended. The objective of this Act and the notifications/orders issued therein is to regulate the import of livestock and livestock products in such a manner that these imports do not adversely affect the country‘s human and animal health population.

1.2 The terms “livestock” and “livestock products” have been defined under sub section (b) and (d) of the section 2 of the Livestock Importation Act, 1898 respectively.

2. Import of Livestock

2.1 As per definition contained in section 2 (b) of the Livestock Importation Act, 1898, the “live-stock” includes horses, kine, camels, sheep and any other animal may be specified by the Central Government by notification in the Gazette. Vide notification S.O. 1495 (E), dated 10.06.2014, the Government notified that ^―Live-stock^‖ shall include all equines (all live equine irrespective of purpose including donkey, horses, mule, assess, hinnies), bovines (all bovine animals including cattle, buffaloes, bullocks or any animals falling in the category of bovidae), caprines, ovines, swines, canines, felines, avian (all avian species except the birds prohibited for import by any law of India and international including poultry), laboratory animals (all laboratory animals such as rats, mice, rabbit, guinea-pig, hamsters and any other animals used in laboratory) and aquatic animals (live fishes, live crustaceans and molluscs).

2.2 The import of live-stock (except live shrimps) is allowed against an import licence issued by the DGFT under the existing import policy and fulfillment of the sanitary conditions as specified in Veterinary Health Certificate of this country and issued by the official veterinarian of the exporting country or country of origin. The quarantine of live-stock wherever required as per health certificate is also required to be carried out by the Government as per the prescribed procedure.

2.3 All live animals are allowed to be imported only through the seaports or airports located at Delhi, Mumbai, Chennai, Kolkata. In case of Grand Parent Stock of Poultry (Gallus domesticus), import is allowed subject to Sanitary Import Permit issued by the Department of Animal Husbandry, Dairying and Fisheries and is allowed through seaports or airports of Chennai, Delhi, Mumbai, Kolkata, Bangalore and Hyderabad. The detailed procedure for import of livestock has been laid down by notification S.O.1495 (E), dated 10.06.2014 issued by the Department of animal Husbandry, dairying and Fisheries.

3. Import of Livestock Products

3.1 As per Section 2 (d) of the Livestock Importation Act, 1898, the “livestock products’ include meat and meat products of all kinds including fresh, chilled and frozen meat, tissue, organs of poultry, pig, sheep, goat, egg and egg powder, milk and milk products, bovine, ovine and caprine, embryos, ova, semen; pet food products of animal origin and any other animal product which may be specified by the Central Government by notification in the Official Gazette.‘

3.2 Vide notification S.O. S.O. 2666 (E), dated 16.10.2014, issued by the Department of Animal Husbandry, Dairying and Fisheries in the Ministry of Agriculture, the Government has notified that the words ^―live-stock products” shall include the following products, namely:-

(i) Meat and meat products of all kinds including fresh, chilled and frozen meat of poultry, sheep, goat and pig;

(ii) Tissue or organs of poultry, sheep, goat and pig;

(iii) Egg and egg powder;

(iv) Milk and milk products;

(v) Bovine, ovine and caprine embryos, ova or semen;

(vi) Pet food products of animal origin;

(vii) Eggs and seeds of all aquatic animals including fish, crustaceans and molluscs;

(viii) Bristles and hair of pigs hogs or boars; waste of pigs; hogs or boars bristles and hair; badge hair and other brush making hair; yak tail hair; brush making hair; whale bone hair; Bones and bone products including horn cores, crushed bones; Bone grist; ossein; horn cones and part thereof not crusted; bone meal; hoof meal; horn meal; hornes, hooves, claws, nails and beaks unworked or simply prepared (but not cut to shape); antlers; ox gallstones; and frozen placenta; obtained from bovine, sheep, goat, poultry and pig and any other animals as the case may be;

(ix) Raw skins and other parts of birds, with their feathers or down, feathers and parts of feathers (whether or not trimmed edges) and down;

(x) Raw hides and skins of bovine (including buffalo) or equine animals, sheep or lamb, other raw skins (skins of goats, swine), fresh or salted dried, limed, pickled, or otherwise preserved but not tanned, parchment-dressed or further prepared, whether or not de-haired or split with wool on or split;

(xi) Raw furskins (including heads, tails, paws and other pieces or cuttings, suitable for furriers use);

(xii) Badminton shuttle cock, feather meal and powder made from birds feather;

(xiii) Serum; and plasma of animals like bovine, goat, sheep, horse, poultry, pig, rabbit, mice, rat, dog and cat;

(xiv) Animal feed and fish feed containing milk and milk products of bovine, ovine, caprine, meat and meat products, tissues, organs of poultry, pig, sheep, goat, fish and fish products;

(xv) Horsehair and horsehair waste, whether or not put up as a layer with or without supporting material;

(xvi) Coral and similar materials, un-worked or simply prepared but not otherwise worked, shells of molluscs, crustaceans or echinoderms and cuttle bone, unworked or simply prepared but not cut to shape, powder and waste thereof;

(xvii) Medicaments (bovine albumin and drug of animal origin) and diagnostics (containing blood or serum fractions for in vitro application);

(xviii) Gelatine (including gelatine in rectangular or square) sheets, whether or not surface worked or coloured and gelatine derivatives, isinglass; other glues of animal origin; excluding casein glues;

(xix) Tanned or curst hides and skins of bovine (including buffalo) or equine animals, without hair on, whether or not split, but not further prepared;

(xx) Tanned or curst hides and skins of sheep or lamb without wool on, whether or not split, but not further prepared, tanned or curst hides and skins of other animals, without wool or hair on, whether or not split, but not further prepared (of goat, swine, reptile, etc.);

(xxi) Leather further prepared after tanning or crusting, including parchment dressed leather, of bovine (including buffalo) or equine animals without hair on, whether or not split. Leather further prepared after tanning or crusting, including parchment dressed leather, of sheep or lamb without wool on, whether or not split, leather further prepared after tanning of crusting, including parchment dressed leather of other animals, without wool or hair on, whether or not split (of goat, swine, reptile, etc.);

(xxii) Chamois (including combination chamois) leather, patent leather and patent laminated leather, metalised leather;

(xxiii) Composition of leather with a basis of leather or leather fiber, in slabs, sheets or strips, whether or not in rolls, parings and other waste of leather or of composition leather, not suitable for manufacture of leather articles, leather dust powder and flour;

(xxiv) Tanned or dressed furskins (including head, tails, paws and other pieces or cuttings) unassembled, or assembled (with or without the addition of other materials);

(xxv) Wool not carded or combed, fine or coarse animal hair not carded or combed, waste or wool or of fine or coarse animal hair including yarn waste excluding gamete stock;

(xxvi) Saddlery and harness of any animal of any material, trunks, suitcases, vanity cases, brief cases, sachet, pouches, hand bags etc.;

(xxvii) Articles of apparel and clothing accessories of leatheries, of leather or of composition leather, articles of leather or of composition leather of a kind in machinery or mechanical appliances or for other technical uses;

(xxviii) Other articles of leather or of composition leather (straps, welt, covers) articles of apparel, clothing accessories and other articles of furskin;

(xxix) Articles of gut of gold beater‘s skin, of bladders, of tendons, articles of apparel, clothing accessories and other articles of furskin, artificial fur and articles thereof;

(xxx) Garneted stock of wool or of fine or coarse animal hair, wool and fine or coarse animal hair, carded or combed (including combed wool in fragments), yarn of carded wool not put up for retail sale yarn of combed wool not put up for retail sale, yarn of fine animal hair (carded or combed) not put up for retail sale, yarn of wool or of fine animal hair put for retail sale, yarn of coarse animal hair or of horse hair (including gimped horsehair yarn whether or not put up for retail sale), woven fabrics of carded wool or carded fine animal hair, woven fabrics of combed wool or carded fine animal hair, woven fabrics of coarse animal hair or of horse hair.

Requirement of Sanitary Import Permit/NOC from Quarantine Officer

3.3 (a) The import of the livestock products listed at Sr. Nos. (i) to (xiv) is allowed only against a sanitary import permit to be issued by the Department of Animal Husbandry, Dairying and Fisheries.

Note: A Sanitary Import Permit is not a licence, but a certificate certifying India’s sanitary requirements. SIPs issued for livestock products are valid for one year or six month depending upon the nature of product and may be used for multiple consignments.

(b) Import of livestock product listed at Sr. Nos. (xv) to (xxiv) is allowed against the production of No Objection Certificate from the Officer-InCharge of the Animal Quarantine and Certification Services Stations located at Delhi, Mumbai, Chennai and Kolkata or any other veterinary officer duly authorized by the Department of Animal Husbandry, Dairying and Fisheries after inspection of the goods.

(c) Import of livestock products indicated at Sr. No. (xxv) to (xxx) is allowed without sanitary import permit or NOC of the concerned Quarantine Officer.

Seaport and Airports notified for import of livestock products

3.4 All livestock products can only be imported into India through the seaports or airports located at Delhi, Mumbai, Kolkata, Chennai, Bangalore and Hyderabad where the Animal Quarantine and Certification Services Stations are located. However, the import of aquatic products, eggs, seeds, of all aquatic animals including fish, crustaceans, molluscs, is allowed through the sea ports or airports located at Visakhapatnam and Kochi. Further, import of perishable fish items exclusively meant for human consumption but excluding seed material for breeding or rearing purposes, is allowed at Petrapole, District North 24 Paraganas, West Bengal, through land route.

3.5 The detailed procedure for import of livestock products has been laid down by notification S.O. 2666 (E), dated 16.10.2014 issued by the Department of animal Husbandry, Dairying and Fisheries.

4. Notifications issued under section 3(1) and 3A of Livestock Importation Act, 1898 considered to be issued under Section 11 of the Customs Act, 1962

4.1 Under Section 3 of the livestock Importation Act, 1898, a notification issued under sub-section (1) or under section 3A operate as if it has been issued under section 11 of the Customs Act, 1962 and the officers of the customs at every port, airport, Inland Container Depot and Land Customs Station have the same powers in respect of any live-stock or livestock product or thing with regard to the importation of which such a notification has been issued.

4.2 In other words, the above said notifications dated 10.06.2014 and 16.10.2014 issued by the Department of animal husbandry, dairying and fisheries are treated as having been issued under Section 11 of the Customs Act, 1962.

4.3 In addition to the above said two notifications dealing with import of livestock and livestock products in general, the Government has also issued product-specific notifications under section 3 (1) and 3A of the Livestock Importation Act, 1898, prescribing information to be contained in the Veterinary or Animal Health Certificate for imports. There is also requirement of furnishing general information as well as sanitary information and post import requirements to be fulfilled. These livestock product specific notifications have been issued for following commodities:-

Chicken and Quail Meat, Duck meat, Equine serum, Feather, Goose Meat, hatching chicken eggs, lamb meat, meat of Guinea Fowl, Ovine Embryo, Ox-bile, Pig Semen, Pork Meat, Processed Lamb Meat, Processed Pork, Processed Poultry Meat, Table Eggs, Turkey Chicks, Bovine Semen (notification No. 1496(E), dated 05.09.2007, issued under section 3A of the Livestock Importation Act, 1898); standard conditions for Import of Fish & Fishery Product; SPF Egg; Horns/Hooves; Bovine Serum; Canine Semen; Equine Semen; Ovine/Caprine Semen; Porcine Semen; Milk and Milk Products; In-vivo Bovine Embryo; Skin/Hides (notification No. 1825(E), dated 24.07.2009, issued under section 3A of the Livestock Importation Act, 1898); Pet Food (Pet Food Products of Animal Origin (Import into India) Order, 2008, notified vide notification No. 1086 (E), dated 02.05.2008, issued under section 3(1) and 3A of the Livestock Importation Act, 1898).

4.4 On arrival at the port/seaport, the livestock product is required to be inspected by the officer in-charge of the Animal Quarantine and Certification Services Station or any other veterinary officer duly authorized by the Department of Animal Husbandry and Dairying. After inspection and testing, wherever required, quarantine clearance is accorded by the concerned quarantine or veterinary authority for the entry of the livestock product into India. If required in public interest, the quarantine or veterinary authority may also order the destruction of the livestock product or its return to the country of origin. The Customs authorities are required to ensure that the livestock products are granted clearance for home consumption only after necessary permission is granted by the quarantine or veterinary authorities.

4.5 Wherever any disinfection or any other treatment is considered necessary in respect of any livestock product, it is the importer who has to arrange the same at his cost under the supervision of a duly authorized quarantine or veterinary officer.

5. Import of Pets as Baggage

5.1 Whereas importation of pet animals is governed by the provision of the Livestock Importation Act, 1898 and notifications issued there under and by the provision of ITC (HS) issued by DGFT, some relaxation has been provided for import of two pet animals (dog and cat only) by persons transferring their residence to India.

5.2 With effect from 15.4.2013, Import of two pet animals is allowed as baggage only to persons transferring their residence to India after two years of continuous stay abroad in terms of Baggage Rules 1998 subject to production of the required health certificate from the country of origin and examination of said pets by the concerned Quarantine Officer in India. Import of animals (pets) in general would continue to be governed by the DGFT policy. (Ref: CBEC Circular No. 15/2013-Customs, dated 8.4 .2013)

5.3 Vide Circular No. 25/2013, dated 01.07.2013, the CBEC clarified that re-import of pets as baggage is allowed subject to establishment of identity of pets by Customs authorities, production of the required health certificate from the country of export and examination of said pets by the concerned Quarantine Officer in India.

6. Summary of Relevant Legal Provisions at a Glance

Sr. No.	Act/ Notification /Circular	Subject
1.	The Livestock and Livestock Products Importation Act, 1898 as amended by the Livestock Importation (Amendment) Act, 2001 (5.7.2001)	The objective of this Act is to regulate the import of livestock and livestock products in such a manner that these imports do not adversely affect the country‘s human and animal health population.
2.	Notification No. 1495 (E), dated 10.06.2014 issued by the Department of animal husbandry, dairying and Fisheries.	It lays down policy provisions for import of livestock animals and also lays down procedure for import of livestock notified under clause (b) of Section 2 of Livestock Importation Act 1989, into India.
3.	Notification No. SO 2666, dated 16.10.2014 [issued by the Department of animal husbandry, dairying and Fisheries] [Note: This notification has been issued in supersession of notification No. S.O. 655(E) dated the 7th July, 2001 as amended]	It imposes restriction on import of livestock products. It also lays down procedure for import of livestock products into India.
4	ITC Provisions	ITC( HS) provisions for livestock and livestock products are given in Table 2 below. For specific live stock or livestock product, ITC (HS) may be referred. Further, for large number of items, health/sanitary protocol have been issued/prescribed by the Department of Animal Husbandry, dairying and fisheries by issuing notification. The commodity specific notifications are available on the following link: http://dahd.nic.in/dahd/trade/heath‑protocolssanitary-conditions.aspx
5.	CBEC Circulars/Instructions
(i)	Circular No. 43/2001-Cus., dated 06.08.2001	Import of Livestock Product issued in the context of the Livestock Importation (Amendment) Act, 2001.
(ii)	Circular No. 48/2005-Cus., dated 28.11.2005	Allowed import of perishable fish items, exclusively meant for human consumption at Petrapole, District North 24 Parganas, West Bengal, through land route.
(iii)	Circular No. 13/2007-Cus., dated 2.3.2007	Deal with clearance of livestock or livestock products in the light of outbreak of Avian Influenza disease in number of countries.
(iv)	Instruction F. No. 450/132/2004- Cus.IV, dated 4.1.2005	Import of livestock and livestock product direction to field formations to strictly comply with the provisions of extant laws.
(v)	Instruction F. No. 450/122/2005- Customs, dated 13.10.2005	Text Not available on CBEC Website.
6.	Import of Pets under Baggage
(i)	CBEC Circular No. 9/2002-Cus, dated 30-1-2002	Import of Pets by Passenger
(ii)	Circular No. 94/2002-Custom, dated 23.12.2002	Import of Pets under Baggage
(iii)	CBEC Circular No. 15/2013-Customs, dated 8.4.2013	Import of Pets under Baggage
(iv)	Circular No. 25 /2013 – Customs, 01.07.2013	Re-import of Pets under Baggage.

7. Procedure for import of Livestock

[as specified in the Schedule to the Notification S.O. No. 1495 (E), dated 10.06.2014]

7.1. Procedure for import of live animals into India

(i) No live-stock shall be imported into India without a valid import licence issued by the Director General of Foreign Trade (DGFT) to an importer.

(ii) The import licence shall include the name of specific country at the time of applying for licence through Director General of Foreign Trade.

(iii) The import is subject to the fulfillment of a valid and authenticated Veterinary Certificate issued by the official veterinarian of the exporting country or country of origin as per Indian health protocol annexed along with ^―No objection^‖ issued by this Department.

(iv) All live animals are presently allowed only through the seaports or airports located at Delhi, Mumbai, Chennai, Kolkata. Any other port of entry may also be notified by the Central Government from time to time.

(v) In case of Grand Parent Stock of Poultry (Gallus domesticus), the import is allowed subject to Sanitary Import Permit issued by the Department of Animal Husbandry, Dairying and Fisheries and is presently allowed through seaports or airports of Chennai, Delhi, Mumbai, Kolkata, Bangalore and Hyderabad.

(vi) All importers, airlines and shipping companies shall ensure that no animal shall be imported through any non-designated port other than the ports mentioned at (iv) and (v) above.

7.2 Pre- import requirement for the Live-stock

(i) Import of livestock against a licence shall be allowed on fulfillment of pre-import requirement as per the health protocol of India.

(ii) All the importers, before embarkment shall intimate the Quarantine Officer or Regional Officer (AQ) and will seek permission seven days in advance (relaxable up to three days in pressing circumstances) prior to actual shipment so that proper arrangement could be made in the quarantine premises wherever applicable.

(iii) The importer has to submit the copies of all documents including valid licence, authenticated Veterinary Certificate issued by the official veterinarian of the exporting country as per sub-para (iii) of para 1 for getting permission from Animal Quarantine Officer or Regional Officer (AQ) of the respective port of entry.

7.3 Verification of documents by Quarantine Officer or Regional Officer (AQ)

(i) The Animal Quarantine Officer/Regional Officer (AQ) will issue no objection as pre-import clearance to importer after verifying those documents.

(ii) In case the documents are found incomplete, forged or illegal and are not in compliance with the Indian health certificate requirements at pre-import clearance stage, the Quarantine Officer will not issue the no objection certificate to the importer allowing embankment of animal(s).

(iii) The Customs shall inform through public notice to all stakeholders including airlines not to allow embarkation of any live-stock without the pre-import clearance of concerned Animal Quarantine and Certification Station in the country.

7.4 Post- import requirement for the Quarantining of live-stock

(i) After landing into India, the Customs Authority shall refer the consignment to the concerned Regional or Quarantine Officer.

(ii) The Regional/ Quarantine Officer shall verify the original documents with the requirement of India‘s animal health certificate, Directorate General of Foreign Trade license vis-à-vis the documents which were seen at the time of pre-import clearance and if satisfied shall allow the animal to bring into the Quarantine Station of the respective port for quarantine. In case the documents are forged or fabricated or not issued by the Official Veterinary Officer of the exporting country, the animal shall be liable for deportation or re-export immediately (without allowing them to come out of the port of entry).

(iii) The imported animals shall be subjected to quarantine in the Government quarantine premises for a specified period as indicated in the health certificate applicable for import of a particular animal at a given time.

(iv) The wild animals imported by the Zoological Garden shall be quarantined in a separate enclosure at the respective Zoological Garden under the supervision of Quarantine Officer of the respective region.

(v) The live animals, during the quarantine period, shall be liable to undergo diagnostic tests for the diseases as stipulated in the post import guidelines in the animal health protocol issued by the Government of India or as deemed necessary by the Government of India for protection of human and animal health under the supervision of Animal Quarantine Officer at the cost of importer/owner.

(vi) If the Regional or Quarantine officer, during the quarantine of such animal(s), finds that the animal(s) imported contains any exotic or other infectious diseases even though present in the country, then the Regional Officer or Quarantine Officer may, by giving a notice to the importer through a verifiable means, to deport or re-export the animal(s) to the country of origin within fifteen days or within such period as further may be allowed.

(vii) Where the importer fails to take action as directed by Regional Officer or Quarantine Officer such animal(s) within such time as may be allowed for the purpose, the Regional Officer or Quarantine officer may destroy the animal(s) at the cost of importer or owner.

(viii) In case of live fish, crustaceans and molluscs, quarantine condition will be applicable only if specifically mentioned against the import authorization for live fishery items.

8. Procedure for import of livestock products into India

[as notified by notification S.O. 2666 (E), dated 16.10.2014]

8.1 All live-stock products are to be imported into India subject to the following conditions, namely:-

1. No live-stock product shall be imported into India without a valid sanitary import permit issued under clause (3).

2. All applications for a permit to import consignments by land, air or sea shall be made in either Form A or Form B, whichever is relevant, and sent in triplicate to the Joint Secretary, Trade Division, Department of Animal Husbandry, Dairying and Fisheries, Ministry of Agriculture, Government of India.

3. (i) The sanitary import permit shall be issued for import of livestock products if, after a detailed import risk analysis, the concerned authorities are satisfied that the import of the consignment will not adversely affect the health of the animal and human populations of this country.

(ii) The import risk analysis shall be conducted by the concerned officers of the Department on the basis of internationally recognised scientific principles of risk analysis and the analysis shall be conducted with reference to the specific product and the disease situation prevailing in the exporting country vis-a-vis the disease situation in India.

(iii) The issue of permits shall be refused if the results of the import risk analysis show that there is a risk of the specific product bringing in one or more specific diseases, which are not prevalent in the country and which could adversely affect the health and safety of the human and animal populations of this country.

(iv) The import permit shall lay down the specific conditions that will have to be fulfilled in respect of the consignment, including pre-shipment certifications and quarantine checks.

(v) The permit shall also specify the post-import requirements with regard to quarantine inspections, sampling and testing.

(vi) The Sanitary Import Permit shall be valid for a period of one year for import of processed livestock products such as heat treated milk and milk products, fishery products, meat products of poultry, pig, sheep and goat, pet food, processed pig bristles and processed feather.

(vii) Provided that validity of permit issued for import of unprocessed livestock products shall be valid for six months but may be extended by the Central Government for a further period of six months, on request from the importer and for reasons to be recorded in writing.

(viii) Sanitary Import Permit will not be required for the livestock products listed at sl. no. (XV) to (XXIV) above. However, import of livestock products indicated at sl. no. (XV) to (XXIV) will be regulated against the production of No Objection Certificate from the Officer-In-Charge of the Animal Quarantine and Certification Services Stations located at Delhi, Mumbai, Chennai and Kolkata or any other veterinary officer duly authorized by the Department of Animal Husbandry, Dairying and Fisheries after inspection of the goods.

(ix) Further, import of livestock products indicated at sl. No. (XXV) to (XXX) neither sanitary import permit nor no objection certificate of the concerned Quarantine Officer will be required.

4. All livestock products shall be imported into India through the seaports or airports located at Delhi, Mumbai, Kolkata, Chennai, Bangalore and Hyderabad where the Animal Quarantine and Certification Services Stations are located.

Provided that the import of aquatic products, eggs, seeds, of all aquatic animals including fish, crustaceans, molluscs, the import shall also be allowed through the sea ports or airports located at Visakhapatnam and Kochi.

Provided further that in case of import of perishable fish items exclusively meant for human consumption but excluding seed material for breeding or rearing purposes, the import shall be allowed to land at Petrapole, District North 24 Paraganas, West Bengal, through land route.

5. (i) On arrival at the entry point, the livestock product shall be inspected by the Officer-in-charge of the Animal Quarantine and Certification Services Station or any other veterinary officer duly authorised by the Department of Animal Husbandry, Dairying and Fisheries, wherever required, in accordance with the specific conditions laid down in the sanitary import permit and with general guidelines issued by the Department of Animal Husbandry, Dairying and Fisheries from time to time.

(ii) After inspection and testing, wherever required, the concerned quarantine or veterinary authority shall accord quarantine clearance for the entry of the livestock product into India or, if required in public interest, order its destruction or its return to the country of origin.

(iii) Wherever disinfection or any other treatment is considered necessary in respect of any livestock product, the importer shall, on his own or at his cost through an agency approved by the Department of Animal Husbandry, Dairying and Fisheries, arrange for disinfection or other treatment of the consignment, under the supervision of a duly authorised quarantine or veterinary officer.

6. It shall be the responsibility of the importer –

(a) to bring the livestock product to the concerned Animal Quarantine and Certification Services Station, or to the place of inspection, disinfection or treatment or testing as directed by the Quarantine or veterinary officer duly authorized on his behalf;

(b) to open, repack and load into or unload from the Animal Quarantine Station and seal the consignment; and

(c) to remove them after inspection and treatment or testing, according to the directions of the Quarantine or veterinary officer duly authorized by the Department.

9. Relevant Websites and Resources

(i) Website of the Department of Animal Husbandry, Dairying and Fisheries, in the Ministry of Agriculture, Government of India i.e. www.dahd.nic.in (under heading “Trade”) to know the latest legal provisions, notification and procedures relating to import of livestock and live-stock products

(ii) Website of Central Board of Excise & Customs, Department of Revenue, Ministry of Finance, India www.cbec.gov.in to know more about Indian Customs, legal text of indirect tax statutes, rule, notifications, Circulars, instructions etc.

(iii) Website of Directorate General of Foreign Trade, Ministry of Commerce www.dgft.nic.in for knowing the provisions of ITC (HS) relating to livestock and livestock products.

10. Reference and Research Material

10.1 Text of the Livestock Importation Act, 1898 ( No. 9 of 1898)

An Act to make better provision for the regulation of the importation of livestock and livestock products.

WHEREAS it is expedient to make better provision for the regulation of the import live-stock and livestock products, which is liable to be affected by infectious or contagious disorders;

It is hereby led as follows:-

1. Short title and local extent. –

(i) This Act may be called the Livestock Importation Act, 1898.

(ii ) It extends to the whole of India.

2. Definitions

In this Act unless there is anything repugnant in the sub context –

(a) the expression ^―infectious or contagious disorders^‖ includes tick-pest, glanders, farcy scabies and any other disease or disorder which may be specified by Central Government by notification in the Official Gazette;

(b) “live-stock” includes horses, kine, camels, sheep and any other animal may be specified by the Central Government by notification in the Gazette;

(d) “live-stock products’ include meat and meat products of all kinds including fresh, chilled and frozen meat, tissue, organs of poultry, pig, sheep, goat, egg and egg powder, milk and milk products, bovine, ovine and caprine, embryos, ova, semen; pet food products of animal origin and any other animal product which may be specified by the Central Government by notification in the Official Gazette.‘

3. Power to regulate importation of live-stock –

(1) The Central Government may by notification in the official Gazette, regulate, restrict or prohibit,in such manner and to such extent as it may think fit. (the import], into [India], or any specified place therein, of any stock which may be liable to be affected by infectious or contagious disorders, and of any fodder, dung, stable-litter, clothing harness or fittings appertaining to live-stock or that may have been in contact therewith.

(2) A notification issued under sub-section (1) or under section 3A shall operate as if it has been issued under section 11 of the Customs Act,1 962 and the officers of the customs at every port, airport, Inland Container Depot and Land Customs Station shall have the same powers in respect of any livestock or livestock product or thing with regard to the importation of which such a notification has been issued and the vessel, aircraft, vehicle and other mode of conveyance containing the same, as they have for the time being in respect of any article the importation of which is regulated, restricted or prohibited by the law relating to customs and the vessel, aircraft, vehicle and other more of conveyance containing the same; and the enactments for the time being in force relating to customs or any such article or vessel, aircraft, vehicle and other mode of conveyance shall apply accordingly.

3A. The Central Government may by notification in the Official Gazette, regulate, restrict or prohibit in such manner and to such extent as it may think fit, the import into the territories to which this Act extends, or any live-stock product, which may be liable to affect human or animal health.

4. Power for State Government to make rules.-

(1) The State Government may **** rules for the detention, inspection, disinfections of destruction of imported live-stock , and fodder, dung, stable-litter, clothing, harness or fittings appertaining to imported live-stock or may have been in contact therewith and for regulating the powers and duties of the whom it may appoint in this behalf

(2) In making any rule under this section the State Government may direct that breach thereof shall be punishable with fine which may extend to one thousand rupees.

5. Protection to persons acting under Act.-

No suit, prosecution or other legal product shall lie against any person for anything in good faith done or intended to be under this Act.

[Note: This Act was last amended vide the Livestock Importation (Amendment) Act, 2001 (dated 5.7.2001)]

10.2 Notification Issued by the Department of Animal Husbandry, Dairying
and Fisheries under the Ministry of Agriculture

10.2.1. Notification S.O. 1495 (E), dated 10.06.2014

S.O. 1495(E).—In exercise of the power conferred by Section 3 of the Live-stock Importation Act, 1898 (9 of the 1898), Central Government hereby notifies the procedure for import of ^―Live-stock^‖ notified under clause (b) of Section 2 of Live-Stock Importation Act,1 898 as follows:-

The import of live-stock (except live shrimps) shall be allowed against an import licence if any, issued by the Director General of Foreign Trade, Ministry of Commerce under the existing import policy and fulfilment of the sanitary conditions as specified in Veterinary Health Certificate of this country and issued by the official veterinarian of the exporting country or country of origin.

2. The quarantine of live-stock wherever required as per health certificate shall also be carried out by the Government as per the procedure specified in the Schedule annexed to this notification.

SCHEDULE

1. Procedure for import of live animals into India

(i) No live-stock shall be imported into India without a valid import licence issued by the Director General of Foreign Trade (DGFT) to an importer.

(ii) The import licence shall include the name of specific country at the time of applying for licence through Director General of Foreign Trade.

(vi) All importers, airlines and shipping companies shall ensure that no animal shall be imported through any non-designated port other than the ports mentioned at (iv) and (v) above.

2. Pre- import requirement for the Live-stock

(i) Import of livestock against a licence shall be allowed on fulfillment of pre-import requirement as per the health protocol of India.

3. Verification of documents by Quarantine Officer or Regional Officer (AQ)

(i) The Animal Quarantine Officer/Regional Officer (AQ) will issue no objection as pre-import clearance to importer after verifying those documents.

4. Post- import requirement for the Quarantining of live-stock

(i) After landing into India, the Customs Authority shall refer the consignment to the concerned Regional or Quarantine Officer.

(viii) In case of live fish, crustaceans and molluscs, quarantine condition will be applicable only if specifically mentioned against the import authorization for live fishery items.

5. Government of India may in specific cases relax any of the provisions of this notification to remove any undue hardship, if any, in public interest.

[F. No. 109-01/2012-Trade]

10.2.2. Text of Notification S.O. 1496 (E), dated 10.06. 2014

S.O. 1496(E).— In exercise of the power conferred by clause (b) of section 2 of the Live-stock Importation Act, 1898 (9 of the 1898), the Central Government hereby notifies that ^―Live-stock^‖ shall include all equines (all live equine irrespective of purpose including donkey, horses, mule, assess, hinnies), bovines (all bovine animals including cattle, buffaloes, bullocks or any animals falling in the category of bovidae), caprines, ovines, swines, canines, felines, avian (all avian species except the birds prohibited for import by any law of India and international including poultry), laboratory animals (all laboratory animals such as rats, mice, rabbit, guinea-pig, hamsters and any other animals used in laboratory) and aquatic animals (live fishes, live crustaceans and molluscs).

[F. No. 109-01/2012-Trade]

10.2.3 Text of the notification S.O. 2666 (E), dated 16.10.2014

S.O. 2666(E).- In exercise of the powers conferred by clause (d) of section 2 and section 3A of the Livestock Importation Act, 1898 (9 of 1898) and in supersession of notification S.O. 655(E) dated the 07th July,2001, except as respects things done or omitted to be done before such supersession, the Central Government hereby notifies the ^―livestock products^‖ and procedure for the issue of sanitary import permit for import of such products as follows:-

1. The word ^―live-stock products^‖ shall include the following products, namely:-

(i) Meat and meat products of all kinds including fresh, chilled and frozen meat of poultry, sheep, goat and pig;

(ii) Tissue or organs of poultry, sheep, goat and pig;

(iii) Egg and egg powder;

(iv) Milk and milk products;

(v) Bovine, ovine and caprine embryos, ova or semen;

(vi) Pet food products of animal origin;

(vii) Eggs and seeds of all aquatic animals including fish, crustaceans and molluscs;

(ix) Raw skins and other parts of birds, with their feathers or down, feathers and parts of feathers (whether or not trimmed edges) and down;

(xi) Raw furskins (including heads, tails, paws and other pieces or cuttings, suitable for furriers use);

(xii) Badminton shuttle cock, feather meal and powder made from birds feather;

(xiii) Serum; and plasma of animals like bovine, goat, sheep, horse, poultry, pig, rabbit, mice, rat, dog and cat;

(xiv) Animal feed and fish feed containing milk and milk products of bovine, ovine, caprine, meat and meat products, tissues, organs of poultry, pig, sheep, goat, fish and fish products;

(xv) Horsehair and horsehair waste, whether or not put up as a layer with or without supporting material;

(xvi) Coral and similar materials, un-worked or simply prepared but not otherwise worked, shells of molluscs, crustaceans or echinoderms and cuttle bone, un-worked or simply prepared but not cut to shape, powder and waste thereof;

(xvii) Medicaments (bovine albumin and drug of animal origin) and diagnostics (containing blood or serum fractions for in vitro application);

(xix) Tanned or curst hides and skins of bovine (including buffalo) or equine animals, without hair on, whether or not split, but not further prepared;

(xxii) Chamois (including combination chamois) leather, patent leather and patent laminated leather, metalised leather;

(xxiv) Tanned or dressed furskins (including head, tails, paws and other pieces or cuttings) unassembled, or assembled (with or without the addition of other materials); (xxv) Wool not carded or combed, fine or coarse animal hair not carded or combed, waste or wool or of fine or coarse animal hair including yarn waste excluding gamete stock;

(xxv) Saddlery and harness of any animal of any material, trunks, suitcases, vanity cases, brief cases, sachet, pouches, hand bags etc.;

(xxvi) Articles of apparel and clothing accessories of leatheries, of leather or of composition leather, articles of leather or of composition leather of a kind in machinery or mechanical appliances or for other technical uses; (xxviii) Other articles of leather or of composition leather (straps, welt, covers) articles of apparel, clothing accessories and other articles of furskin;

(xxvii) Articles of gut of gold beater‘s skin, of bladders, of tendons, articles of apparel, clothing accessories and other articles of furskin, artificial fur and articles thereof;

(xxviii) Garneted stock of wool or of fine or coarse animal hair, wool and fine or coarse animal hair, carded or combed (including combed wool in fragments), yarn of carded wool not put up for retail sale yarn of combed wool not put up for retail sale, yarn of fine animal hair (carded or combed) not put up for retail sale, yarn of wool or of fine animal hair put for retail sale, yarn of coarse animal hair or of horse hair (including gimped horsehair yarn whether or not put up for retail sale), woven fabrics of carded wool or carded fine animal hair, woven fabrics of combed wool or carded fine animal hair, woven fabrics of coarse animal hair or of horse

2. The import of these products shall be allowed only against a sanitary import permit to be issued by this Department as per the procedure laid down in the Schedule annexed to this notification.

3. This notification shall come into force on the date of its publication in the Official Gazette.

SCHEDULE
(see para 2)

Procedure for import of livestock products into India All live-stock products shall be imported into India subject to the following conditions, namely:-

(1) No live-stock product shall be imported into India without a valid sanitary import permit issued under clause (3).

(2) All applications for a permit to import consignments by land, air or sea shall be made in either Form A or Form B, whichever is relevant, and sent in triplicate to the Joint Secretary, Trade Division, Department of Animal Husbandry, Dairying and Fisheries, Ministry of Agriculture, Government of India.

(3) (i) The sanitary import permit shall be issued for import of livestock products if, after a detailed import risk analysis, the concerned authorities are satisfied that the import of the consignment will not adversely affect the health of the animal and human populations of this country.

(iv) The import permit shall lay down the specific conditions that will have to be fulfilled in respect of the consignment, including pre-shipment certifications and quarantine checks.

(v) The permit shall also specify the post-import requirements with regard to quarantine inspections, sampling and testing.

Provided that validity of permit issued for import of unprocessed livestock products shall be valid for six months but may be extended by the Central Government for a further period of six months, on request from the importer and for reasons to be recorded in writing.

(vii) Sanitary Import Permit will not be required for the livestock products listed at sl. no. (XV) to (XXIV) above. However, import of livestock products indicated at sl. no. (XV) to (XXIV) will be regulated against the production of No Objection Certificate from the Officer-In-Charge of the Animal Quarantine and Certification Services Stations located at Delhi, Mumbai, Chennai and Kolkata or any other veterinary officer duly authorized by the Department of Animal Husbandry, Dairying and Fisheries after inspection of the goods.

(viii) Further, import of livestock products indicated at sl. No. (XXV) to (XXX) neither sanitary import permit nor no objection certificate of the concerned Quarantine Officer will be required.

(4) All livestock products shall be imported into India through the seaports or airports located at Delhi, Mumbai, Kolkata, Chennai, Bangalore and Hyderabad where the Animal Quarantine and Certification Services Stations are located.

(5) (i) On arrival at the entry point, the livestock product shall be inspected by the Officer-incharge of the Animal Quarantine and Certification Services Station or any other veterinary officer duly authorised by the Department of Animal Husbandry, Dairying and Fisheries, wherever required, in accordance with the specific conditions laid down in the sanitary import permit and with general guidelines issued by the Department of Animal Husbandry, Dairying and Fisheries from time to time.

(6) It shall be the responsibility of the importer –

(b) to open, repack and load into or unload from the Animal Quarantine Station and seal the consignment; and

(c) to remove them after inspection and treatment or testing, according to the directions of the Quarantine or veterinary officer duly authorized by the Department.

(7) The Central Government may, in public interest, relax any of the conditions specified under this Schedule relating to the permit in relation to the import of any live-stock product.

[F. No. 110-2/2013-Trade]

Note : The principal notification was published in the Gazette of India vide S.O. 655(E) dated the 7th July, 2001 and it was last amended vide notification S.O. 351(E) dated the 8th February, 2013.

10.3 Provisions of ITC (HS) and notification issued by the DGFT

10.3.1. Relevant Provisions of ITC (HS):

The import licensing policy applicable to the import of livestock and livestock products as contained in the ITC (HS) is as under:-

Chapter of ITC (HS)	Import Policy as contained in ITC (HS)
Chapter IA of the ITC (HS)	“3. Import of Beef in any form and import of products containing beef in any form is prohibited. 1.4 Import of Meat and Meat Products of all kinds including fresh, chilled and frozen meat, tissue or organs of poultry, pig, sheep, goat; egg and egg powder; milk and milk products; bovine, ovine and caprine embryos, ova or semen; and pet food products of animal origin shall be subject to a sanitary import permit to be issued by Department of Animal Husbandry and Dairying, Government of India, as per Section 3A of Live-stock Importation Act, 1898, as incorporated by Live Stock Importation (Amendment) Ordinance, 2001 dated 05.07.2001 and as notified on 07.07.2001, as amended. 15. Import of Whale shark (Rhincodon typus) and parts and products of this species shall be restricted. 16. Import into India of the following live-stock and live-stock products shall be prohibited from all countries, in view of notifiable Avian Influenza (both Highly Pathogenic notifiable Avian Influenza and Low Pathogenic notifiable Avian Influenza) : (i)n domestic and wild birds (excluding poultry and captive birds); (ii) unprocessed meat and meat products from Avian species including wild birds (except poultry); (iii) semen of domestic and wild birds (except semen of poultry). Further, the Central Government also prohibits the import into India from the countries reporting notifiable Avian Influenza (both Highly Pathogenic notifiable Avian Influenza and Low Pathogenic notifiable Avian Influenza), the following live-stock and live-stock products, namely: (a) Live poultry and captive birds; (b) day old chicks, ducks, turkey and other newly hatched Avian species; (c) unprocessed meat and meat products from Avian species including wild birds; (d) hatching eggs; (e) egg and egg products (except Specific Pathogen Free eggs); (f) unprocessed feathers; (g) live pig; (h) pathological material and biological products from birds; (i) product of animal origin (from birds) intended for use in animal feeding or for agricultural or industrial use; (j) semen of poultry. Provided that the prohibition shall not be applicable on the import of processed pet food containing ingredients of meat and meat products from avian species, pig and product of animal origin (from birds) intended for use in animal feeding. Provided further that the prohibition shall also not be applicable to the import of pathological materials and biological products for diagnostic and research purpose on specific request. Provided also further that the import of processed poultry meat shall be allowed after satisfactory conformity assessment of the exporting country.”
Chapter 1: Live Animals	1) An application for grant of a licence for import of Animals, Birds and Reptiles (including their parts and products) may be made in the form given in ANF 2B of the Handbook of Procedures Vol. 1, to the Director General of Foreign Trade along with the recommendation of the Chief Wild Life Warden of the State concerned. (2) (a) An application for grant of a licence for import of Stallions and Broodmares may be made in the form given in ANF 2B of the Handbook of Procedures Vol. 1, to the Director General of Foreign Trade along with the recommendation of Director, Animal Husbandry and Veterinary Services of the State Government concerned or the Department of Animal Husbandry and Dairying, Ministry of Agriculture, Government of India. (b) The import of stallions and broodmares against licences shall be subject to the following conditions: (i) Import of such animals shall be subject to the health regulations in force; (ii) Applications shall be considered only from stud farms which have been in existence for at least three years and registered with the Animal Husbandry Commissioner, Department of Agriculture and Cooperation, Government of India. However, this period of three years may be relaxed on merits; (iii) A health certificate as per the India‟s requirements issued either by the official veterinarian or by a veterinary doctor authorized to issue an export certificate by the Government of the country of origin shall be furnished at the time of custom clearance [Note: Policy condition 2 (b) (iii) was substituted vide DGFT notification No. 18 (RE–2013)/2009-2014, dated 11.06. 2013]. (iv) Importer shall furnish information on the age, sex and breed of horses as well as the purpose of import with supporting documents at the time of filing application to the DGFT” [Note: Policy condition 2 (b) (iv) was inserted vide vide DGFT notification No. 18 (RE–2013)/2009-2014, dated 11.06. 2013 ] (3) An application for grant of a licence for import of horses for polo may be made in the form given in ANF 2B of the Handbook of Procedures Vol. 1, to the Director General of Foreign Trade. (4) An application for grant of a licence for Livestock (excluding equine), Pureline stocks, birds‘ eggs, frozen semen/ embryo, and Commercial chicks may be made in the form given in ANF 2B of the Handbook of Procedures Vol. 1, to the Director General of Foreign Trade along with the recommendation of the Department of Agriculture and Cooperation, Government of India. (5) Import of Live animals other than wild animals as defined under Wild Life Protection Act, 1972 is permitted against a licence to Zoos and Zoological parks, circus companies, private individuals, on the recommendation of the Chief Wild Life Warden of a State Government subject to the provisions of the Convention on Inter-national Trade in Endangered Species of Wild Fauna and Flora (CITES). For recognized scientific/research institutions, in addition to the above requirement, recommendation of Committee for the purpose of Control and Supervision of Experiments on Animals (CPCSEA) under the Prevention of Cruelty to Animals Act, 1960 shall also be required for issuance of Import licence. (6) Import of Wild Animals (including their parts and products) as defined in the Wild Life (Protection) Act, 1972 is prohibited. Note: Grand parent stock of poultry are freely importable.
Chapter 2: Meat and Meat Offal	(1) An application for grant of a licence for import of Animals, Birds and Reptiles (including their parts and products) may be made in the form given in ANF 2B of the Handbook of Procedures Vol.I, to the Director General of Foreign Trade along with the recommendation of the Chief Wild Life Warden of the State concerned. (2) Import of Wild Animals (including their parts and products) as defined in the Wild Life (Protection) Act, 1972 is prohibited. (3) Import of all live-stock products shall be subject to a sanitary import permit to be issued by Department of Animal Husbandry, dairying & Fisheries, Government of India, as per Section 3A of Live-stock Importation Act, 1898, as incorporated by Live Stock Importation (Amendment) Act, 2001 (Act No. 28 of 2001, 29th August, 2001), or as amended from time to time.
Chapter 3: Fish and crustceans, Molluscs and other Aqatic nvertebrates	(1) An application for grant of a licence for import of Animals, Birds and Reptiles (including their parts and products) may be made in the form given in ANF 2B of the Handbook of Procedures Vol. I, to the Director General of Foreign Trade alongwith the recommendation of the Chief Wild Life Warden of the State concerned. (2) Import of Wild Animals (including their parts and products) as defined in the Wild Life (Protection) Act, 1972 is prohibited. (3) Import of all live-stock products shall be subject to a sanitary import permit to be issued by Department of Animal Husbandry, dairying & Fisheries, Government of India, as per Section 3A of Live-stock Importation Act, 1898, as incorporated by Live Stock Importation (Amendment) Act, 2001 (Act No. 28 of 2001, 29th August, 2001), or as amended from time to time.
Chapter 4 :Dairy produce; bird’s eggs; natural honey; edible products of animal origin, not elsewhere specified or included	(1) An application for grant of a licence for import of Animals, Birds and Reptiles (including their parts and products) may be made in the form given in ANF 2B of the Handbook of Procedures Vol.I, to the Director General of Foreign Trade along with the recommendation of the Chief Wild Life Warden of the State concerned. (2) Import of Wild Animals (including their parts and products) as defined in the Wild Life (Protection) Act, 1972 is prohibited. (3) The import from China of Dairy Products including milk and milk products appearing under Chapter 4 of Schedule–I of ITC(HS) Classifications of Export and Import Items is prohibited for a period of six months from 24th June, 2009 and until further orders. The transitional arrangements under para 1.5 of the Foreign Trade Policy 2004-09 will not be allowed in the case of import of above products from China for this period.[Notification(s) No. 46 dated 24.9.2008, No. 67 dated 1.12.2008 and No. 111 dated 16.6.2009] (4) Import of all live-stock products shall be subject to a sanitary import permit to be issued by Department of Animal Husbandry, dairying & Fisheries, Government of India, as per Section 3A of Live-stock Importation Act, 1898, as incorporated by Live Stock Importation (Amendment) Act, 2001 (Act No. 28 of 2001, 29th August, 2001), or as amended from time to time.
Chapter 5:	(1) An application for grant of a licence for import of Animals, Birds and Reptiles (including their parts and products) may be made in the form given in ANF 2B of the Handbook of Procedures Vol.I, to the Director General of Foreign Trade along with the recommendation of the Chief Wild Life Warden of the State concerned. (2) Import of Wild Animals (including their parts and products) as defined in the Wild Life (Protection) Act, 1972 is prohibited. (3) Imports will be subject to the provisions of CITES (Convention of International Trade in Endangered Species of wild Fauna & Flora). (4) Import of all live-stock products, shall be subject to a sanitary import permit to be issued by Department of Animal Husbandry, Dairying & Fisheries, Government of India, as per Section 3A of Live-stock Importation Act, 1898, as incorporated by Live Stock Importation (Amendment) Act, 2001 (Act No. 28 of 2001, 29th August, 2001), or as amended from time to time. This condition shall not apply to human hair under ITC (HS) Code 0501. (5) Import of Bovine Embryos shall be subject to compliance of the guidelines issued by Department of Animal Husbandry, Dairying & Fisheries. The guidelines are available at ‘www.dahd.nic.in’ under icon ‘trade’ at ‘Procedure for Import’
Chapter 16: Preparation of meat, of fish or of crustaceans, molluscs or other aquatic invertebrates	(1) Import of all live-stock products shall be subject to a sanitary import permit to be issued by Department of Animal Husbandry, dairying & Fisheries, Government of India, as per Section 3A of Live-stock Importation Act, 1898, as incorporated by Live Stock Importation (Amendment) Act, 2001 (Act No. 28 of 2001, 29th August, 2001), or as amended from time to time.
Chapter 21: Miscellaneous Edible Preparations.	(1) …… (2) Import of all live-stock products shall be subject to a sanitary import permit to be issued by Department of Animal Husbandry, dairying & Fisheries, Government of India, as per Section 3A of Live-stock Importation Act, 1898, as incorporated by Live Stock Importation (Amendment) Act, 2001 (Act No. 28 of 2001, 29th August, 2001), or as amended from time to time.
Chapter 23: Residues and waste from the food Industries; Prepared animal fodder.	(1) Import of all items / products under ITC (HS) Code 2309 ‘Preparations of a kind used in Animal Feeding’ shall be subject to a sanitary import permit to be issued by Department of Animal Husbandry, Dairying & Fisheries, Government of India, as per Section 3A of Live-stock Importation Act, 1898, as incorporated by Live Stock Importation (Amendment) Act, 2001 (Act No. 28 of 2001, 29th August, 2001), or as amended from time to time.
Chapter 41 : Raw hides and skins (other than fur skins) and leather	(1) Import of Wild Animals (including their parts and products) as defined in the Wild Life (Protection) Act, 1972 is prohibited. (2) Import of all live-stock products covered in this Chapter shall be subject to the provisions of Notification No. S.O. 794(E) dated 28.3.2008
Chapter 42	(1) Import of all live-stock products covered in this Chapter shall be subject to the provisions of Notification No. S.O. 794(E) dated 28.3.2008
Chapter 43	(1) Import of all live-stock products covered in this Chapter shall be subject to the provisions of Notification No. S.O. 794(E) dated 28.3.2008

Note: The notification S.O. 794 (E) dated 28.3.2008 amended the notification S.O. 655(E) dated 7.7.2001. The principal notification S.O. 655 (E), dated 7.7.2001 has since been superseded by notification S.O. 2666 (E), dated 16.10.2014, issued by the Department of animal husbandry, dairying and Fisheries.

In the foreign trade policy, 2015-2020, the relevant Ayaat Niyaat form for license for import of restricted items is ANF 2M of the Appendices and ANFs.

10.3.2: Notification No. 18 (RE–2013)/2009-2014, dated 11.06. 2013, issued by the Department of Commerce.

Subject: Import of live-stock products – Amendment in ITC (HS) 2012, Schedule 1 (Import Policy).

S.O.(E) In exercise of powers conferred by Section 5 of the Foreign Trade (Development & Regulation) Act, 1992 (No. 22 of 1992), read with paragraph 2.1 of the Foreign Trade Policy, 2009- 2014, as amended from time to time, the Central Government hereby makes the following amendments in ITC (HS) 2012, Schedule 1 (Import Policy):

a. The following Policy Conditions are revised /inserted in Chapter 1:

i. Policy Condition 2 (b) (iii) is revised and substituted as under:

“A health certificate as per the India^‟s requirements issued either by the official veterinarian or by a veterinary doctor authorized to issue an export certificate by the Government of the country of origin shall be furnished at the time of custom clearance.”

ii. Policy Condition 2 (b) (iv) is inserted as under:

“Importer shall furnish information on the age, sex and breed of horses as well as the purpose of import with supporting documents at the time of filing application to the DGFT”.

b. The following Policy Condition is inserted in Chapter 2 (Policy Condition 3); Chapter 3 (Policy Condition 3); Chapter 4 (Policy Condition 4); Chapter 5 (Policy Condition 4); Chapter 16 (Policy Condition 1); and Chapter 21 (Policy Condition 2):

“Import of all live-stock products shall be subject to a sanitary import permit to be issued by Department of Animal Husbandry, dairying & Fisheries, Government of India, as per Section 3A of Live-stock Importation Act, 1898, as incorporated by Live Stock Importation (Amendment) Act, 2001 (Act No. 28 of 2001, 29^th August, 2001), or as amended from time to time.”

c. The following Policy Condition is inserted in Chapter 5 (Policy Condition 5):

“Import of Bovine Embryos shall be subject to compliance of the guidelines issued by Department of Animal Husbandry, Dairying & Fisheries. The guidelines are available at ‘www.dahd.nic.in’ under icon ‘trade’ at ‘Procedure for Import’ “

d. The following Policy Condition is inserted in Chapter 23 (Policy Condition 1):

“Import of all items / products under ITC (HS) Code 2309 ‘Preparations of a kind used in Animal Feeding’ shall be subject to a sanitary import permit to be issued by Department of Animal Husbandry, Dairying & Fisheries, Government of India, as per Section 3A of Livestock Importation Act, 1898, as incorporated by Live Stock Importation (Amendment) Act, 2001 (Act No. 28 of 2001, 29^th August, 2001), or as amended from time to time.“

e. The following Policy Condition is inserted in Chapter 41 (Policy Condition 2); Chapter 42 (Policy Condition 1) and Chapter 43(Policy Condition 1):

“Import of all live-stock products covered in this Chapter shall be subject to the provisions of Notification No. S.O. 794(E) dated 28.3.2008.“

2. Effect of this notification:

Requirements of Sanitary Import Permit issued by Department of Animal Husbandry, Dairying &Fisheries, GoI have been incorporated under relevant Chapters of ITC(HS), 2012.

Director General of Foreign Trade

(Issued from 01/89/180/118/AM-02/PC 2(A))

10.3.3. Notification No. 29 (RE–2013)/2009-2014 New Delhi, Dated The 24th July, 2013 Subject: Amendment in Notification No. 18 (RE–2013)/2009-2014 dated 11th June, 2013.

A. Policy Condition 4 of Chapter 5 shall not apply to ‘human hair’. Accordingly, the amended Policy Condition 4 shall read as under:

“Import of all live-stock products, shall be subject to a sanitary import permit to be issued by Department of Animal Husbandry, Dairying & Fisheries, Government of India, as per Section 3A of Live-stock Importation Act, 1898, as incorporated by Live Stock Importation (Amendment) Act, 2001 (Act No. 28 of 2001, 29th August, 2001), or as amended from time to time. This condition shall not apply to human hair under ITC (HS) Code 0501”

B. The phrase ‘Import of items of animal origin or the products intended for animal feeding containing animal origin materials’ shall replace the phrase ‘Import of all items/products’ at the beginning of the Policy Condition 1 of Chapter 23. Accordingly, the amended Policy Condition 1 shall read as under:

“Import of items of animal origin or the products intended for animal feeding containing animal origin materials under ITC (HS) Code 2309 ^„Preparations of a kind used in Animal Feeding^‟ shall be subject to a sanitary import permit to be issued by Department of Animal Husbandry, Dairying & Fisheries, Government of India, as per Section 3A of Live-stock Importation Act, 1898, as incorporated by Live Stock Importation (Amendment) Act, 2001 (Act No. 28 of 2001, 29th August, 2001), or as amended from time to time.”

2. Effect of this notification:

(i) Sanitary Import Permit requirements vide Notification No. 18 of 11.6.2013 will not be applicable to Human hair under ITC (HS) Code 0501.

(ii) Only items of animal origin or the products intended for animal feeding containing animal origin materials under ITC (HS) Code 2309 will require Sanitary Import Permit.

Director General of Foreign Trade (Issued from 01/89/180/118/AM-02/PC 2(A))

10.4 Text of Relevant CBEC Circulars

10.4.1 Circular No. 43/2001-CUS. dated 6.08.2001 [F.No.450/44/2001-Cus.IV] Subject: Import of livestock products – Reg. –

The undersigned is directed to say that the Livestock Importation Act, 1898 (9 of 1898) has been amended vide the Livestock Importation (Amendment) Ordinance, 2001 which was promulgated on 5th July, 2001. Prior to amendment, the said Act was applicable only for livestock whereas livestock products were not regulated under the Act. The amendment to the said Act has been made to regulate the import of livestock products in such manner that these imports do not adversely affect the human and animal health population of the country. In exercise of the powers of the Central Government under the amended Livestock Importation Act, 1898, the Department of Animal Husbandry and Dairying has issued a notification dated 7th July, 2001 to regulate the import of livestock products as per the procedure laid down in the Schedule annexed to the said notification. A copy of the said notification and the Schedule thereto is enclosed for reference.

2. The notification inter-alia provides that import of livestock products will be allowed against valid sanitary import permits issued by the Department of Animal Husbandry and Dairying and the same will be allowed through the airports and seaports at Delhi, Mumbai, Kolkata and Chennai only which have Animal Quarantine and Certification Services Stations.

3. You are requested to kindly bring the contents of the said notification and the Schedule thereto to the notice of all concerned immediately by way of issue of a suitable Public Notice and Standing Order and ensure strict compliance of the same. It may be made clear that the compliance of the provisions of the aforesaid regulations is over and above the fulfilment of the requirements of other laws that have to be complied with as per notification issued by DGFT, vide which if any mandatory standards are prescribed under the Prevention of Food Adulteration Act, the Weight and Measures Act, Meat Food Products Order, etc. before imports are allowed. The consignments can also be checked for microbiological and other contaminants under the relevant laws, if such standards have been laid down for Indian products.

4. Board also desires that meetings between Quarantine/Veterinary Officers and your officers be organised where officers from Department of Animal Husbandry and Dairying and Commerce Ministry could also be invited for effective implementation of the aforesaid notification. Difficulties, if any, in implementation of this Circular may be brought to the notice of the Board. Kindly acknowledge receipt of the Circular.

[Note: The notification dated 7.7.2001 has since been superceded by notification S.O. 2666, dated 16.10.2014. ]

10.4.2. CBEC Instruction F. No. 450/132/2004-Cus. IV, dated 04/01/2005

I am directed to invite your attention to the instances of importation of live animals/livestock products through the Ports/Airports which do not have quarantine facilities.

2. the Board has issued a circular No. 43/2001-Customs, dated 06.08.2001, which, interalia, provides for restriction on the imports of livestock products through the seaports or airports located at Delhi, Mumbai, Kolkata and Chennai, where the animal Quarantine and Certification Services stations are located.

3. The Exim Policy, has restricted the importation of any live animal (livestock) i.e. importation is allowed only on the basis of licence issued by the DGFT. While issuing licence, the DGFT requires teh recommendation of teh specified agencies like Chief Wildlife Warden of the State; Director, Animal Husbandry adn Veterinary Services of the State or the Department of Animal Husbandry adn Dairying, Ministry of Agriculture; Department of Agriculture and Co-operation. Import of wild animal (including their parts and products) as defined in the Wild Life (Protection) Act, 1972 is prohibited.

4. All field formations are required to strictly comply with the provisions of teh extant laws regarding importation of livestock adn livestock products & wild animals. You are, therefore, requested to issue clear instructions not to allow clearance of livestock/livestock products & wild animals without quarantine clearance adn deport the same to the country of origin if those imported at the ports /airports other than located at Mumbai, Delhi, Kolkata and Chennai, where animal quarantine & certification facilities are not available.

Please acknowledge receipt of this communication.

10.4.3. Circular No. 48/2005-CUS., dated 28.11.2005 [F.No.450/132 /2004-Cus.IV] Subject: Import of livestock products – regarding –

The undersigned is directed refer to Board‘s Circular No.43/2001 -Cus, dated 6.8.2001 issued in pursuance to the Department of Animal Husbandry and Dairying‘s notification dated 7th July, 2001 to regulate the import of livestock products as provided therein. The notification inter-alia provides that import of livestock products will be allowed through the airports and seaports at Delhi, Mumbai, Kolkata and Chennai only which have Animal Quarantine and Certification Services Stations.

2. Department of Animal Husbandry, Dairying & Fisheries, Ministry of Agriculture has issued a notification S.O. No.770(E), dated 6.6.2005 amending their S.O.655(E), dated 7.7.2001. Accordingly, it has been provided that import of perishable fish items, exclusively meant for human consumption but excluding seed material for breeding or rearing purposes, the import shall be allowed to land at Petrapole, District North 24 Parganas, West Bengal, through land route.

3. Board has considered the matter. In view of the amending notification issued by Department of Animal Husbandry, Dairying & Fisheries, Ministry of Agriculture, import of perishable fish items, exclusively meant for human consumption but excluding seed material for breeding or rearing purposes, shall be allowed at Petrapole, District North 24 Parganas, West Bengal, through land route.

4. Accordingly Board’s Circular No.43/2001-Cus., dated 6.8.2001 and instruction issued vide F.No.450/132/2004-Cus.IV, dated 4.01.2005 should be read as amended to above extent.

5. The above instructions may be brought to the notice of the Trade immediately through an appropriate Public Notice.

6. Receipt of this Circular may kindly be acknowledged.

10.4.4. Circular No. 13/ 2007-Customs, dated 02.03.2007 [ Issued From F.No.450/122/2005- CUS-IV ]

Subject:-Clearance of livestock and livestock products- regarding.-

The undersigned is directed to inform that the import of certain livestock and livestock products have been prohibited by the Ministry of Agriculture, Department of Animal Husbandry, Dairying & Fisheries in view of outbreak of Avian Influenza disease in number of countries. Department of Animal Husbandry, Dairying & Fisheries have issued a notification S.O. (102)(E) dated 02.02.2007 prohibiting import of three items from all countries and import of nine items from countries reporting Avian Influenza. A copy of the notification is enclosed. List of countries affected with Avian Influenza is not mentioned in the notification. During a meeting with Department of Animal Husbandry, Dairying & Fisheries, it was informed that the list of countries affected with Avian Influenza is continuously changing as new countries are reporting Avian Influenza and certain other countries are declaring themselves free from Avian Influenza. It was desired that Customs field formations need to be alerted in this regard.

2. The issue of possibility of import of livestock & livestock products by Diplomats without requisite quarantine check was also discussed. Ministry of External Affairs informed that they only issue Customs duty exemption certificates for duty free import of goods by Diplomats.

3. The Department of Animal Husbandry, Dairying & Fisheries also expressed concerns about the necessary referral to Quarantine authorities before permitting the Customs clearance of livestock/ livestock products. It was informed that no such referral has been received by them in case of import of Diplomatic cargo containing livestock and livestock products.

4. The matter has been examined by the Board. It is seen that Board has issued Circular No.43/2001-Cus, dated 6.8.2001 and Circular No.48/2005-Cus, dated 28.11.2005 to regulate the import of livestock and livestock products. Board has further issued instructions vide No.450/132/2004-Cus.IV, dated 4.01.2005 and F.No.450/122/2005-CUS-IV dated 13.10.2005 re-iterating the provisions for import of these products and to ensure that clearance of livestock and livestock products is done after proper quarantine check and necessary no objection certificate by animal quarantine officer.

5. In view of recent concerns over spreading of Avian Influenza, field formations should take abundant precaution while clearing livestock and livestock products. In view of the concerns of the Department of Animal Husbandry, Dairying & Fisheries in respect of changing status of various countries affected with Avian Influenza, it would be advisable that all consignments of livestock and livestock products are referred to Quarantine Authorities before Customs clearance of goods, regardless of any Sanitary Import Permits (SIPs) that may have been issued and clearance should be allowed only after no objection is received from Quarantine authorities. If Quarantine officers are of the view that the consignment needs to be destroyed or re-exported in view of Avian Influenza or any other disease threat, the action taken may subsequently be informed to Quarantine officer.

Further, in view of spreading of Avian Influenza, the consignment of products as mentioned in existing notification of Department of Animal Husbandry, Dairying & Fisheries may remain uncleared and Custodian may like to initiate the process of auction for such consignments. In view of above, it may be ensured that in such cases of auction of livestock and livestock products mentioned in existing notification of Department of Animal Husbandry, Dairying & Fisheries, NOC should be given to Custodian based on ^‗no objection‘ obtained from quarantine officers.

6. As per existing provisions in respect of clearance of Diplomatic baggage and cargo, it is once again reiterated that the import of goods which is prohibited by the law or regulated by the quarantine provisions, inspection can be conducted only in the presence of the diplomatic agent or of his authorized representative. However any such inspection should be undertaken only after prior consultation or authorization of the protocol division of Ministry of External Affairs (MEA). A representative of MEA should invariably be present at the time of inspection. Further, Inspection should be based on prior intelligence and with the approval of the Commissioner of Customs.

In cases where declaration itself contains presence of livestock and livestock products in the cargo, the standard procedure of referral to Quarantine authorities need to be adhered to. MEA has informed that such requirement of quarantine authorities in respect of Diplomatic cargo need to be informed to all Diplomatic Missions before the procedure is put in place. Accordingly, it is decided that such referral by Customs should commence only after MEA has briefed all Diplomatic Missions about these requirements. In view of this, Customs should follow procedure of referral to quarantine authorities only after further direction of the Board. Meanwhile, clearance of such items by Diplomatic Missions may continue unhindered. Where any difficulty is being faced in clearance of Diplomatic cargo the same should be immediately referred to the Board.

7. The above instructions may be brought to the notice of all concerned immediately through appropriate Public Notice.

CBEC Circulars Relating to Import of Pets

10.4.5. Circular No. 9/2002-Cus, dated 30-1-2002 (Issued from F. No. 495/27/2001-Cus.VI )

Subject : Import of Pets by Passengers – Regarding.

I am directed to refer to Boards instruction issued vide letter F. No. 450/44/2001 -Cus. lV (Pt. II) dated 24th Sept. 2001 on the above mentioned subject, wherein it was provided that clearance of live animals, whether as pets or otherwise, may be permitted only against a valid import licence from DGFT and after obtaining clearance from the Animal Quarantine authorities. It has been brought to the notice of the Board by the Department of Animal Husbandry and Dairying that the said instructions are not being followed by the field formations and that one or two live animals are allowed clearance as pets by the Customs without insisting on the requirement of import licence.

2. It is hereby reiterated that bona fide pet animals brought by passengers may be allowed to be brought into the country only against a import sanitary permit issued by the Department of Animal Husbandry & Dairying or against an import licence to be issued by the DGFT as is done in the case of other live animals.

3. Necessary instructions may please be issued to all concerned for compliance of the above

Kindly acknowledge receipt.

10.4.6. Circular No. 94/2002-Custom, dated 23.12.2002

Subject: Import of pets under Baggage – Regarding.

I am directed to refer to Board‘s instructions issued vide Circular No. 9/2002, dated 30^th January, 2002 on the above mentioned subject, wherein it was reiterated that bonafide pet animals brought by passengers may be allowed to be brought into the country only against an import sanitary permit issued by the Department of Animal Husbandry & Dairying or against an import licence issued by the DGFT.

2. In this connection, several references have been received from the passengers, as also the field formations, pointing out the difficulties being faced in implementing the above instructions. The matter has since been re-examined in consultation with the Department of Animal Husbandry & Dairying and Ministry of Commerce and Industry, and it has been decided that the import of pets (dog and cat only) upto two numbers per passenger may be allowed at one time subject to the production of the required health certificate from the country of origin and examination of the said pets by the concerned Quarantine Officer. In such cases, the passengers may not be asked to produce the import licences or import sanitary permits. A copy of standard health protocol to be followed by the passengers while bringing pet animals (dogs and cats) with them is enclosed at Annexure I and II.

3. Necessary instructions may please be issued to all concerned for compliance. Difficulties faced, if any, in implementation of the above instructions may be brought to the notice of the Board.

Kindly acknowledge the receipt.

10.4.7 Circular No. 15/ 2013-Customs, dated 08.04.2013

Subject: Import of Pets under Baggage – reg.

Attention is invited to Board‘s Circular No. 94/2002- Customs dated 23.12.2002 on the above cited subject wherein it was provided that import of pets upto two numbers per passenger may be allowed at one time subject to the production of the required health certificate from the country of origin and examination of the same by the concerned Quarantine officer.

2. Board has re-examined the present policy of import of two pets by passengers in view of representations received in this regard. Accordingly, it has been decided to allow import of two pet animals as baggage only to persons transferring their residence to India after two years of continuous stay abroad in terms of Baggage Rules 1998 subject to production of the required health certificate from the country of origin and examination of said pets by the concerned Quarantine Officer at this end. This new dispensation shall come into force with effect from 15^th April 2013. Import of animals (pets) in general would continue to be governed by DGFT policy.

3. Board‘s Circular No. 94/2002 – Customs, dated 23.12.2002 stands modified accordingly to that extent.

4. These instructions may be brought to the notice of the trade/airlines/carriers by issuing suitable Trade / Public Notices. Suitable Standing orders/instructions may be issued for the guidance of the field officers.

5. Difficulties faced, if any, may be brought to the notice of the Board immediately.

10.4.8 Circular No.25 /2013 – Customs, 01.07.2013

Subject: Import of Pets under Baggage – reg.

Attention is invited to Board‘s Circular No. 15/2013 – Customs, dated 08.04.2013 on the above cited subject.

2. Board has received several representations regarding problems being faced in re-import of pets at In this regard the undersigned is directed to inform that re-import of pets is not covered by Circular No. 15/2013 – Customs dated 08.04.2013. Therefore, it is clarified that re-import of pets as baggage is allowed subject to establishment of identity of pets by Customs authorities, production of the required health certificate from the country of export and examination of said pets by the concerned Quarantine Officer at this end.

3. These instructions may be brought to the notice of the trade / airlines / carriers by issuing suitable Trade/Public Notices. Suitable Standing orders/instructions may be issued for the guidance of the field officers.

4. Difficulties faced, if any, may be brought to the notice of the Board immediately.

11. Form and Formats

11.1 Form-A: Application for Permit to Import live-stock Products for Personal Consumption.

The Joint Secretary Trade Division,

Department of Animal Husbandry and Dairying, Ministry of Agriculture,

Government of India

Krishi Bhawan,

New Delhi – 110001

The undersigned hereby applies for a permit authorizing the import of live-stock products as per details given below —(Please write or type in block letters)

1. Name and exact description of live-stock products to be imported:

2. Description of the consignment and quantity:

3. Name and address of the consignor:

4. Name and address of the importer:

5. Country and locality in which produced:

6.Country from which imported into India:

7. Foreign port of shipment:

8. Approximate date of arrival of the consignment in India:

9. Name of (airport/seaport/land customs station*) point of entry in India:

DECLARATION

I declare that the information furnished is correct to the best of my knowledge and belief. I undertake to produce all documents and certificates, if any, as specified in the sanitary import permit applied for herein.

Signature of the importer or his authorized agent.

Name:

Postal address :

Place:

Date:

* strike out whichever is not applicable.

11.2 Form B : Application for permit to Import Livestock Products for Trading and Marketing.

The Joint Secretary Trade Division,

Department of Animal Husbandry and Dairying, Ministry of Agriculture,

Government of India

Krishi Bhawan,

New Delhi – 110001

The undersigned hereby applies for a permit authorizing the import of live-stock products as per details given below –

1. Name and address of the importer:

S.No	Exact description of livestock products with Indian Trade Classification (Harmonised System) – ITC (HS) code	Details of livestock from whom it is produced	Quantity
		Details of livestock from whom it is produced	Number of packages	Total weight ! volume
1	2	3	4 (a)	4 (b)

3. Catalogue of livestock products producer establishing identity of the livestock products! material to be imported:

4. Name and address of the producer:

5. Name and address of consignor:

6. Country and locality in which livestock products produced:

7. Country from which imported into India:

8. Foreign port of shipment:

9. Name of airport!seaport!land customs station (entry point);

Declaration:

I declare that the information furnished is correct to the best of my knowledge and belief. I undertake to produce any official document or certificate as may be specified in the sanitary import permission.

Signature of the importer or his authorized agent

Name :

Postal address :

Place:

Date:

11.3 Annexure-I: Animal Health Certificate for Import of Dog into India.

I. OWNER

Name and address ……………………………………………………………………………

II. DESCRIPTION

Species of animal: ……………………………………………………………………………………………………….. ..

Age or date of birth: ………………………………………………………………………………………………………

Sex: …………………………………………………………………………………………………………………………….. .

Breed: …………………………………………………………………………………………………………………………. ..

Colour: …………………………………………………………………………………………………………………………

Coat type & marking/Distinguish mark: ……………………………………………………………………….. ..

Identification number :……………………………………………………………………………………………………

III. ADDITIONAL INFORMATION

Country of origin :……………………………………………………………………………………………………………. .

Countries visited over the past years as declared by the owner (give dates) :………………………………….

IV. DESTINATION OF ANIMALS

Country of destination: ………………………………………………………………………………………………………..
Name and address of consignee

Nature and identification of means of transport

…………………………………………………………………………………………………………………………………….

V. SANITARY INFORMATION

The undersigned Official Veterinarian certifies that the animal/s described above and examined on this day:

Import of livestocks and livestock products

a) shows no clinical sign of diseases including rabies, canine distemper, parvo virus infection, leptospirosis etc..

b) has been vaccinated for rabies (in case it is more than three months of age) within the time limit recommended by the manufacturer of vaccine licensed and approved by the exporting country (name of the vaccine, batch number and the date of vaccination must be shown on the veterinary certificate)

Official stamp:

Issued at ………………………………… on ………………………………….
Name and address of Veterinarian………………………………………
Signature: …………………..

Note:

1. This E-book deals with Compulsory Compliance requirement for Import of livestocks and livestock products only. To know compulsory compliance requirement for export of livestock and livestock products, refer to another E-book on the subject. It also does not cover import of wild animals (including part and products thereof), which are prohibited for import under the wild life Protection Act, 1972. It is expected that it will help departmental officers in their day-to-day work.

2. Though all efforts have been made to make this document error free, but it is possible that some errors might have crept into the document. If you notice any errors, the same may be brought to the notice to the NACEN, RTI, Kanpur on the Email addresses: [email protected] or [email protected] (Email address of ADG, RTI, NACEN, Kanpur). This may not be a perfect E-book. If you have any suggestion to improve this book, you are requested to forward the same to us.

3. If any officer is interested in preparing E-book on any topic relating to Customs, Central Excise or Service Tax, he may forward the E-book prepared by him to the Email addresses mentioned above. After necessary vetting, we will include the same in our E-book library for benefit of all Departmental officers.

Source-National Academy of Customs Excise and Narcotics Regional Training Institute, Kanpur (India)

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