Date of issue: 12 January 2023
Date of effect: 1 February 2023
Reference Number: MAA2023-02
Attention
- Industries — Industry bodies — Australian Food and Grocery Council, Infant Nutrition Council
- Export establishments
- Exporters
- Department of Agriculture, Fisheries and Forestry — Central and Regional offices
Purpose
This Market Access Advice (MAA) is to notify industry of a new registration requirement for infant food products, by the Food Safety and Standards Authority of India (FSSAI), which comes into effect from 1 February 2023.
Summary of key points
On 14 November 2022, the FSSAI notified to the World Trade Organization (WTO) mandatory registration requirements for all foreign food manufacturing facilities exporting the below products to India:
- Milk and milk products
- Meat and meat products including poultry, fish and their products
- Egg powder
- Infant food
- Nutraceuticals.
The WTO notification includes a copy of an Order dated 10 October 2022. The Order states the registration of foreign food manufacturing facilities, exporting the above listed products, will be a requirement effective from 1 February 2023.
The Order is based on provisions of the Food Safety and Standards (Import) First Amendment Regulations, 2021. This Regulation requires competent authorities of exporting countries to provide FSSAI a list of existing and new manufacturers intending to export the above products to India prior to enforcement of the requirements on 1 February 2023.
The WTO notification acknowledges that registration of facilities will be done by FSSAI within a portal on receipt of lists provided by competent authority of exporting countries.
If you intend to export infant food to India and it is not a prescribed good under the Export Control Act 2020, the manufacturing facilities of the infant food products will need to apply to the Department of Agriculture, Fisheries and Forestry (the Department) to be included on the list provided to FSSAI.
Definition of Infant food products
Infant food is defined under India’s Infant Milk Substitutes, Feeding Bottles and Infant Food (Regulation of Production, Supply and Distribution) Act 1992 (41 of 1992) as: “any food (by whatever name called) being marketed or otherwise represented as a complement to mother’s milk to meet the growing nutritional needs of the infant [after the age of six months and up to the age of two years]”.
The Department refers industry and exporters to the further guidance provided by FSSAI in its notification of 4 December 2020 (REGD No. L-33004/99 – in English from p. 39) which outlines that infant food includes:
- “Milk cereal based complementary food” means the food for infants after 6 months up to 24 months of age, which is based on milk, cereals and /or legumes (pulses), millets, nuts and protein concentrates or protein isolates and/or defatted edible oilseed extracts and so prepared as to permit dilution with water or milk or other suitable medium”.
- “Processed cereal based complementary food” means food for infants after 6 months up to 24 months of age, which is based on cereals and legumes (pulses), millets, nuts and protein isolates or protein concentrates or de-fatted edible oil seed extracts and so prepared as to permit dilution with water or milk or other suitable medium”.
- “Follow-up formula” means a food for infants after six months up to 24 months of age, which is intended for use as a liquid part of the complementary diet for infants when prepared in accordance with instructions for use”.
- “Food for infants based on traditional food ingredients” are products known to be prepared traditionally at home for feeding infants, but processed and provided in packaged forms, after six months up to twenty-four months of age”.
Further information available at The Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992
Departmental request for details of food manufacturing facilities
- Under the new registration requirement, FSSAI has requested the competent authority of the exporting country (i.e the Department) submits details of foreign food manufacturing facilities that export infant food products to India including:
-
- Details of the Food Manufacturer: Name: Address: Contact details.
- Approval/Licence no. issued by the competent authority.
- Name and HS Code of Product/s to be exported to India.
- Information on who should apply and how to apply refer to – Industry Advice Notice 2023-01.
- The information will be used to compile a list to provide to FSSAI to enable registration in the FSSAI portal.
- Exporters are requested to exercise caution when exporting infant food to India where product will arrive on or after 1 February 2023.
- The Department is currently working to understand the new requirements and impacts on Australian exporters, raising any relevant concerns. This includes formally responding to the WTO notification.
- The Department encourages all exporters to work closely with their importers to ensure that product meets India’s current importing country requirements
The information provided in this advice is current at the time of writing and is intended for use as guidance only and should not be taken as definitive or exhaustive. The Commonwealth endeavours to keep information current and accurate, however, it may be subject to change without notice. Exporters are encouraged to verify these details with their importers prior to undertaking production/exports. The Commonwealth will not accept liability for any loss resulting from reliance on information contained in this notice.