Introduction: The Directorate General of Foreign Trade (DGFT) under the Ministry of Commerce & Industry, Government of India, has issued Notification No. 53/2023 dated 15th December, 2023. This notification brings about crucial amendments to the export policy for food supplements containing botanicals.

Detailed Analysis: The amendment affects the schedule -2 of ITC (HS) Export Policy 2018, focusing on specific ITC(HS) codes related to vegetable saps, extracts, and various other substances. Notably, the export of Food Supplements containing botanicals to the European Union (EU) and the United Kingdom (UK) is impacted. The key changes include:

1. ITC(HS) Codes and Policy Conditions:

    • ITC(HS) Code 13021100: Export of Vegetable Saps & Extracts: Opium is now allowed, subject to the issuance of an official certificate by Export Inspection Council (EIC)/Export Inspection Agencies (EIAs).
    • The certificate is based on a satisfactory analytical test report from EIC/EIC approved laboratories, as per EU requirements.

2. Effect of the Notification:

    • The amendment supersedes Notification No. 31/2023 dated 11.09.2023. It mandates the issuance of an official certificate by EIC/EIA or SHEFIXIL for the export of Food Supplements containing botanicals under specified ITC HS Codes to the EU and UK.

3. Certification Process:

    • For exports to the EU and UK, an official certificate is required from either EIC/EIA or SHEFIXIL. The certificate is based on a satisfactory Analytical Test Report from NABL accredited laboratories for ETO testing for Food Supplements containing Botanicals.

4. Affected ITC(HS) Codes:

    • The amendment covers a range of ITC(HS) codes related to vegetable saps, extracts, pectic substances, protein concentrates, and other substances.

Conclusion: In conclusion, DGFT Notification 53/2023 signifies a significant shift in the export policy for Food Supplements containing botanicals. Stakeholders involved in the export of these products to the EU and UK must adhere to the new certification requirements outlined in the notification. The amendment aims to ensure compliance with international standards and regulations, emphasizing the importance of quality and safety in exported products.

This update, issued by Santosh Kumar Sarangi, Director General of Foreign Trade, serves as a crucial guideline for exporters, highlighting the need for meticulous adherence to the revised policy. For further inquiries, the contact email is provided as dgft@nic.in.

*****

Government of India
Ministry of Commerce & Industry
Department Of Commerce
Directorate General of Foreign Trade
Vanijya Bhawan, New Delhi

Notification No. 53/2023 – DGFT | Dated : 15th December, 2023

Subject: Amendment in Export Policy of Food Supplements containing botanicals

S.O. 5351(E): In exercise of the powers conferred by Section 3 read with section 5 of the Foreign Trade (Development & Regulation) Act, 1992 (No. 22 of 1992), as amended, read with Para 1.02 and 2.01 of the Foreign Trade Policy, 2023. the Central Government hereby, in modification of Notification No. 31/2023 dated 11.09.2023, makes following amendment in schedule -2 of ITC (HS) Export Policy. 2018, as under: –

ITC(HS) Codes

Item Description Export Policy Policy Conditions
13021100 Vegetable Saps & Extracts: Opium Free
  • The export of Food Supplements containing botanicals to European Union (EU) and United Kingdom (UK) originating in or consigned from India and intended for human or animal consumption. allowed subject to issuance of the official certificate issued by Export Inspection Council (EIC)/ Export Inspection Agencies
    (EIAs), the designated Competent Authority for issuance of official certificate. The official certificate will be issued based on the satisfactory analytical test report from EIC/EIC approved laboratories for the purpose as per the requirement laid down by EU.
  • The export of Food Supplements containing botanicals to European Union (EU) and United Kingdom (UK) originating in or consigned from India and intended for human or animal consumption, also allowed, subject to issuance of the official Certificate by the designated EPC, SHEFEXIL, as Competent Authority for issuance of official certificate. The official certificate will be based on the satisfactory Analytical Test Report from NABL accredited laboratories for ETO testing for Food Supplements containing Botanicals approved for the purpose as per the requirement laid down by EU.
13021200 Vegetable Saps & Extracts: Of liquorice
13021300 Vegetable Saps & Extracts: Of hops
13021400 Vegetable Saps & Extracts: Of ephedra
13021911 Extracts: Of Belladona
13021912 Extracts: Of Cascara sagrada
13021913 Extracts: Of nux vomica
13021914 Extracts: Of ginseng (including powder)
13021915 Extracts: Of agarose
13021916 Extracts: Of neem
13021917 Extracts: Of gymnema
13021918 Extracts: Of garacinia and gambodge
13021919 Extracts: Other
13021920 Extracts: Cashew shell liquid ( CNSL), crude
13021930 Extracts: Purified and distilled CNSL(Cardanol)
13021990 Extracts: Other
13022000 Pectic substances, pectinates and pectates
21061000 Protein concentrates and textured protein Substances
21069091 Other: Diabrtic Foods
21069092 Other: Sterilized or pasteurized millstone
21069099 Other: Other

2. Effect of This Notification:

Notification No. 31/2023 dated 11.09.2023 is amended. Export of Food Supplements containing botanicals under above mentioned ITC HS Codes intended for human or animal consumption to European Union and United Kingdom will require issuance of official certificate by EIC/EIA or SHEFIXIL.

(Santosh Kumar Sarangi)
Director General of Foreign Trade
Ex- Officio Additional Secretary. Government of India
mail :dgft@nic.in

(Issued from F. No. 01/91/180/027/AM22/EC/E-30745)

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