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CUSTOMS CIRCULAR No.1/2002-Cus. Dated 8th January,
2002.
Sub:-Application of PFA Act, 1954 for clearance of consignments of food
articles-reg.
I am directed to refer to Board’s Circular No.58/2001-Cus.,
dated 25.10.2001 on the above mentioned subject. In the said Circular, it has
been provided that all the consignments of imported food items are to be
referred to Port Health Officers for testing under the PFA Act, 1954. A
reference has been received from the trade stating that the food items imported
by EOUs for subsequent export after processing should be exempted from the
mandatory testing under the said Act.
2. The matter has been examined in consultation with the Ministry of Health &
Family Welfare. It is observed that there is no provision in the PFA Act to
exempt food items imported by EOUs or units in EPZ/SEZ from testing under the
said Act. It has, however, been clarified by the Ministry of Health & Family
Welfare that the PFA Act is not applicable for food meant for export. Therefore,
in case the commissioner of Customs is satisfied that imported food items, after
their processing in EOUs or
units in EPZ/SEZ, shall be exported and no part thereof shall be sold in India,
he may allow clearance of such food items without mandatory testing under the
said Act. The Commissioners may take an undertaking from EOUs or units in EPZ/SEZ
importing the food items to the effect that the imported food item or any
product manufactured therefrom would not be sold in the Domestic Tariff Area
under any circumstances.
3. These instructions may be brought to the notice of all concerned for
compliance.
4. Difficulties, if any, faced in the implementation of above instructions may
be brought to the notice of the Board. Kindly acknowledge receipt.