Introduction: The Central Board of Indirect Taxes & Customs, under the Ministry of Finance, Government of India, has issued Instruction No. 01/2024-Customs dated 10th January 2024. This instruction addresses the requirements of quality control or inspection for the export of milk and milk products as per the Milk and Milk Products (Quality Control, Inspection & Monitoring) Rules, 2020. The move aims to streamline practices and ensure compliance with international standards.
Key Highlights:
Background on Milk and Milk Products: The instruction begins by providing definitions for “Milk” and “Milk Product” as per SO 4031(E). “Milk” is defined as the normal mammary secretion derived from healthy milch animals, free from colostrum. “Milk Product” refers to a processed product obtained from milk, which may contain food additives and other necessary ingredients.
Export Quality Control Requirements: Referring to the Export (Quality Control and Inspection) Act, 1963, the instruction emphasizes that milk and milk products must undergo quality control or inspection or both before export. However, the necessity of a health certificate is mentioned only when the importing country specifies such a requirement.
Approval Process for Exporters: Rule 4(1) of the Export of Milk Products (Quality Control, Inspection and Monitoring) Rules, 2020, outlines the process for exporters intending to export milk or milk products. Exporters must either seek approval for their establishment or follow consignment-wise inspection, depending on the destination country.
Verification by Customs: Customs authorities are instructed to verify the compliance of exporters during the export of milk and milk products. Two specific verification methods are outlined:
- Verification of the letter of approval issued by the Export Inspection Council (EIC) for the plant and the consequential certificate for export issued by the approved establishment.
- Verification of the Certificate of Inspection issued by the Export Inspection Agency, declaring the consignment as export-worthy.
Sensitization of Customs Officers: The instruction urges the authorities to sensitize officers under their jurisdiction regarding the new verification procedures. This step aims to ensure seamless implementation and understanding of the revised guidelines.
Communication and Feedback: Exporters encountering difficulties or having concerns are encouraged to communicate them to the Board. This feedback mechanism allows for ongoing refinement of the process based on practical experiences.
Conclusion: The issuance of Instruction No. 01/2024-Customs reflects the government’s commitment to maintaining high standards in the export of milk and milk products. By streamlining the quality control and inspection processes, the authorities aim to enhance compliance with international regulations, fostering a positive global trade environment for Indian dairy exports.
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Instruction No. 01/2024-Customs
F.No.401/87/2023-Cus.III
Government of India
Ministry of Finance, Department of Revenue
(Central Board of Indirect Taxes & Customs)
227A, North Block, New Delhi
Dated, 10th January, 2024
To
All Principal Chief Commissioners/ Chief Commissioners
(Customs/ Customs (Preventive) /Customs and Central Taxes)
All Principal Commissioners/ Commissioners (Customs/ Customs (Preventive)
All Principal Director Generals/Director Generals under CBIC
Madam/Sir,
Subject: – Requirement of quality control or inspection or both, prior to export as per Milk and Milk Products (Quality Control, Inspection & Monitoring) Rules, 2020- reg
The Board is in receipt of variation in the practices regarding the requirements of milk and milk products certificates during export in respect of Milk and Milk Products (Quality control, Inspection & Monitoring) Rules, 2020. The matter on the above subject has been examined in the Board in consultation with Dept. of Commerce (DoC) and Export Inspection Council (EIC).
2. It is to be mentioned that Milk and milk products has been defined in SO 4031 (E) as “Milk” means the normal mammary secretion derived from complete milking of healthy milch animal, without either addition thereto or extraction therefrom, and it shall be free from colostrum; and “Milk Product” means a product obtained by processing of milk, which may contain food additives and other ingredients functionally necessary for the milk product.
3. As per Order dt. 09.11.2020 under Export (Quality Control and Inspection) Act, 1963 vide S.0 4031(E) read with order dated 29.12.2023 (copy enclosed), it is stated that, milk and milk products shall be subjected to quality control or inspection or both prior to export. However, the Health certificate shall be required only in the case, where importing country has specific requirement for the same.
4. It is further mentioned that as per Rule 4. (1) of Export of Milk Products (Quality Control, Inspection and Monitoring) Rules, 2020
“An exporter intending to export milk or milk products shall
((a) apply for the approval of its establishment where the intended milk or milk product is prepared or processed as per Food Safety Management System based Inspection system specified under sub-rule (2), applicable for export to all countries; or
(b) follow the consignment-wise inspection specified under sub-rule (3), applicable for export to countries other than European Union subject to the requirements of the importing countries from time to time.”
5. Accordingly, in case of export of Milk and Milk products, Customs shall verify either:
a. The letter of approval issued by EIC for the plant and consequential certificate for Export issued by the approved establishment as mentioned in Annexure- XXI of Executive Instructions for Milk and Milk products by EIC (copy enclosed); or
b. The Certificate of Inspection issued by the Export Inspection Agency declaring such consignment is export worthy in the specified format as mentioned in the Annexure-XXX of Document No. EIC/MMP-Ex-Instruction/2022/Issue-2 (copy enclosed).
6. It is requested that necessary action may be taken to sensitize officers under your jurisdiction regarding the said matter.
7. The difficulties, if any, may be brought to the notice of the Board.
8. Hindi version follows
Encls: as stated above.
Yours faithfully,
(Radhe Krishna)
Under Secretary (Cus-III)
Email: uscus.3-dor@gov.in
Tele: 011 23094012
MINISTRY OF COMMERCE AND INDUSTRY
(DEPARTMENT OF COMMERCE)
ORDER
New Delhi, the 9th November, 2020
S.O. 4031(E).—Whereas, for the development of the export trade of India, certain proposals for superseding the Order of the Government of India in the Ministry of Commerce and Industry (Department of Commerce) S.O. 2719, dated the 28th November, 2000 was published as required under sub-rule (2) of rule 11 of the Export (Quality Control and Inspection) Rules, 1964 in the Gazette of India, Part II, Section 3, Sub-section (ii), dated the 3rd October, 2019 under order of the Government of India, Ministry of Commerce and Industry (Department of Commerce) number S.O. 3598 (E), dated the 30th September, 2019 inviting objections and suggestions from all persons likely to be affected thereby within a period of thirty days from the date of publication of the said order in the Official Gazette;
2. And whereas copies of the said Gazette were made available to the public on the 3rd October, 2019;
3. And whereas no objections and suggestions were received from the public within the said period;
4. And, whereas, it is necessary to maintain the highest quality standards and stipulate health requirements that would encompass the standards prescribed in National or International level;
5. And, whereas, health requirements should be laid down for the production, storage and transport of milk and milk products;
6. And, whereas, in particular, it is important that rules be laid down governing the approval of establishments;
7. And, whereas, it is important also that the health requirements to be met by milk and milk products be laid down;
8. And, whereas, it is primarily the responsibility of the processors to ensure that milk and milk products meet the health requirements laid down in this order;
9. And, whereas, the Competent Authority must be carrying out Quality Control Inspection and monitoring to ensure that processors comply with the above mentioned requirements;
10. And, whereas, the rules governing these Quality Control Inspections and Monitoring must take account of the demands of the international market;
11. And, whereas, a random check must be made to detect the presence of residues of substances liable to be harmful to human health;
12. And, whereas provisions should therefore, be made as a procedure for monitoring to ensure the above conditions of equivalence with reference to the requirements of the importing countries;
13. And, whereas the Central Government nominated Competent Authority to ensure the effective compliance of the quality standards in the country;
14. And, whereas, the Central Government has formulated the proposals specified below for the said purpose and has forwarded the same to the Council as required by sub-rule (2) of the rule 11 of the Export (Quality Control and Inspection)Rules, 1964;
15. Now, therefore, in exercise of the powers conferred by section 6 of the Export, (Quality Control and Inspection) Act, 1963 (22 of 1963), and in supersession of the Order published in the Gazette of India vide S.O.2719 dated the 28th November, 2000 except as respects things done or omitted to be done before such supersession, the Central Government after consulting the Export Inspection Council is of the opinion that it is necessary and expedient so to do for the development of export trade of India hereby,-
(a) notifies that milk and milk products shall be subjected to quality control or inspection or both prior to export in cases where importing countries requires such an export certification;
(b) specifies the type of quality control and inspection in accordance with the Export of Milk and Milk Products (Quality Control, Inspection and Monitoring) Rules, 2020 as the type of Quality Control, Inspection and Monitoring which shall be applied to such milk and milk products prior to export;
(c) recognises the specifications as set out in Schedule appended to this order as the standard specifications of milk and milk products;
(d) prohibits the export in the course of international trade of milk and milk products unless it conforms to the standards applicable to it and each and every consignment of such milk and milk product meant for export is accompanied by a certificate of export worthiness issued by the Agency.
16. Nothing in this order shall apply to the export by land or sea or air of bonafide samples of milk and milk products to prospective buyer, the value of which shall not exceed permissible limits as laid down in Foreign Trade Policy (FTP) from time to time.
17. In this order, “Milk” means the normal mammary secretion derived from complete milking of healthy milch animal, without either addition thereto or extraction therefrom, and it shall be free from colostrum; and “Milk Product” means a product obtained by processing of milk, which may contain food additives and other ingredients functionally necessary for the milk product.
SCHEDULE
Specifications for Milk and Milk products recognised as per clause (b) of section 6 of the Export (Quality Control and Inspection) Act, 1963 shall be:
(a) National Standard of the importing countries, in absence of which codex standards of Codex Alimentarius Commission;
(b) In the absence of (a) above, contractual specifications between the foreign buyer and the exporter shall be applicable provided the same is not below the national standards;
(c) In absence of (a) and (b), above specification prescribed in the Food Safety and Standards Act, 2006 (34 of 2006) and rules and regulation made thereunder shall apply;
(d) In case of any Milk or Milk Products for which no standard is available at (a), (b) and (c) above, the standard formulated for these products by the Standing Committee of the following members shall be made applicable, namely:-
| 1. | Chairman, Export Inspection Council | Chairman; |
| 2. | Representative from Agricultural and Processed Food Products Export Development Authority | Member; |
| 3. | Representative from Department of Animal Husbandry and Dairying, Ministry of Agriculture and Farmer’s Welfare | Member; |
| 4. | Representative from Food Safety and Standards Authority of India | Member; |
| 5. | Representative from National Dairy Development Board | Member; |
| 6. | Representative from Director National Dairy Research Institute Karnal of India | Member; |
| 7. | Representative from Indian Dairy Association | Member; |
| 8. | Representative of Export Inspection Council | Member. |
[(F. No. K-16012/10/2019-Exp. Ins.]
DIWAKAR NATH MISRA, Jt. Secy.
MINISTRY OF COMMERCE AND INDUSTRY
(Department of Commerce)
ORDER
New Delhi, the 29th December, 2023
S.O. 34(E).—In exercise of the powers conferred by section 6 of the Export (Quality Control and Inspection) Act, 1963 (22 of 1963), the Central Government hereby makes the following order to amend the Order of the Government of India in the Ministry of Commerce and Industry, vide number S.O.4031(E) dated, the 9th November 2020,
namely: –
In the said order, in Paragraph 15, for clause (a) the following clause shall be substituted namely:-
(a) “notifies that the milk and milk products shall be subjected to quality control or inspection or both prior to export. However, the Health certificate shall be required only in the case, where importing country has specific requirement for the same”;
[F. No. K-16012/17/2023 – Export Inspection]
VIPUL BANSAL, Jt. Secy.
Note :- The principal order was published in the Gazette of India, Part-II, section 3, sub-section (ii), vide number S.O. 4031(E), dated 9th November, 2020.
Annexure XXI
CERTIFICATE FOR EXPORT
Annexure xxx
CERTIFICATE OF INPECTION (Col)
