The Hindu Business Line : `No reprocessing of substandard imported food'

Only those consignments of edible/food products which conform to the provisions of Prevention of Food Adulteration Act, 1954 and rules made there-under should be allowed to be imported into India, the Central Board of Excise and Customs (CBEC) has stated (circular 28/2006 Cus dated November 6, 2006).

Consignments that do not conform to the provisions of PFA Act or rules should ordinarily be re-exported or destroyed.

Alternatively, they may be dealt with as provided in customs circular of October 25, 2001, which lays down circumstances under which reprocessing can be permitted, CBEC added.

Permitted Clearance

The decision re-emphasises the law and seeks to remove uncertainty over the discretionary powers of customs officials to allow reprocessing of imported goods that do not comply with our food laws.

Some customs houses had suo motu permitted clearance of a few consignments of imported vanaspati (hydrogenated edible oil) that were found to be substandard and not conforming to Indian food laws, subject of course to reprocessing.

According to the board, customs commissionerates are not authorised to grant clearance even if subject to reprocessing of such consignments.

CBEC was directed to take a policy decision in consultation with the Ministry concerned (Ministry of Health and Family Welfare, in this case) following a case filed in High Court of Gujarat.

CBEC Clarification

The petitioner approached the Court as he was denied the reprocessing facility even though the customs department had allowed it in many cases.

Industry representatives perceive the latest CBEC clarification as an important step to ensure that substandard food products do not enter the country surreptitiously. It is not uncommon for importers to obtain clearance of substandard food articles with the condition that the goods will be reprocessed so as to conform to food laws.

"The CBEC decision will surely help curb malpractices and advance consumer welfare," Mr Jayant Lapsia, President of All India Liquid Bulk Import Export Association, told Business Line adding that customs houses at Mumbai and Jawaharlal Nehru Port did not usually entertain request for reprocessing of imported substandard foods. Information relating to whether or not such reprocessing actually takes place and consumer interest is adequately protected is seldom available.

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