The Government of India, through the Ministry of Commerce & Industry, Department of Commerce, and the Directorate General of Foreign Trade, has issued Notification No. 31/2023-DGFT on September 11, 2023. This notification brings significant amendments to the export policy for food supplements containing botanicals. The changes impact exports to the European Union (EU) and the United Kingdom (UK) and necessitate the issuance of official certificates for compliance.
The key points of the notification are as follows:
Amendment in Export Policy: The central government, in the exercise of its powers under the Foreign Trade (Development & Regulation) Act, 1992, as amended, and in accordance with the Foreign Trade Policy, 2023, has made amendments to Schedule -2 of ITC (HS) Export Policy, 2018.
Affected HS Codes: The amendment primarily affects two HS codes – 1302 and 2106, related to food supplements containing botanicals and other food preparations, respectively.
Revised Policy Conditions: Under the revised policy conditions, the export of food supplements containing botanicals to the EU and UK, originating in or consigned from India, and intended for human or animal consumption is allowed.
Official Certificate Requirement: However, this export is subject to the issuance of an official certificate. This official certificate will be issued by the Export Inspection Council (EIC) or Export Inspection Agencies (EIAs), which are designated as the Competent Authority for issuance. The certificate will be based on the satisfactory analytical test report from EIC/EIC approved laboratories, following EU requirements.
Additional Certificate Issuer: In addition to the EIC/EIA, the Directorate General of Foreign Trade permits SHEFEXIL (Shellac & Forest Products Export Promotion Council) to issue an official certificate. This authorization by SHEFEXIL is valid for a period of three months from the date of issuance of the notification.
Compliance with EU Requirements: The official certificates issued by both EIC/EIA and SHEFEXIL are based on the satisfactory analytical test report from NABL (National Accreditation Board for Testing and Calibration Laboratories) accredited laboratories for ETO (Ethylene Oxide) testing for Food Supplements containing Botanicals approved as per the EU requirements.
In conclusion, Notification No. 31/2023-DGFT, dated September 11, 2023, introduces significant amendments to the export policy for food supplements containing botanicals. These amendments focus on ensuring compliance with EU and UK regulations by requiring the issuance of official certificates from designated Competent Authorities, including EIC/EIA and SHEFEXIL. It’s essential for exporters dealing with these products to adhere to these revised policy conditions to continue exports to the EU and UK markets. The changes come into effect immediately and aim to streamline the export process for these products while maintaining quality and safety standards.
Government of India
Ministry of Commerce & Industry
Department Of Commerce
Directorate General of Foreign Trade
Vanijya Bhawan, New Delhi
New Delhi, Dated :
Subject : Amendment in Export Policy of Food Supplements containing botanicals
S.O. 3975(E).— The Central Government, 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 hereby amends the schedule -2 of ITC (HS) Export Policy, 2018, as under :-
|ITS HS codes||Description||Present
|Policy conditions||Revised Policy conditions|
|89A||1302||Vegetable saps and
extracts; pectic substances, pectinates and pectates; agar-agar and other
mucilages and thickeners, whether or
not modified, derived from vegetable products.
|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 (ElAs), 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.
|93A (1)||2106||Food preparations not elsewhere specified or
2. Effect of This Notification:
Export of Food Supplements containing botanicals under ITC HS code 1302 and 2106 intended for human or animal consumption to European Union and United Kingdom will require issuance of official certificate by EIC/EIA or SHEFIXIL. SHEFEXIL is allowed to issue an official certificate for a period of three months from the date of issuance of this Notification.
(Santosh Kumar Sarangi)
Director General of Foreign Trade
Ex- Officio Additional Secretary, Government of India
(Issued from F. No. 01/91/180/027/AM22/EC/ 30745)