Export of Fruit and Vegetable Products Quality Control and Inspection Rules

Dated 28th October, 2016 | Copy of | Order |

In exercise of the powers conferred by section 17 of the Export (Quality Control and Inspection) Act, 1963 (22 of 1963), and in supersession of the Export of Fruit Products (Quality Control and Inspection) Rules, 1978, except as respect things done or omitted to be done before such supersession the Central Government hereby makes the following Rules, namely:-

1. Short title and commencement.- (1) These rules may be called the Export of Fruit and Vegetable Products (Quality Control and Inspection) Rules, 2016.

(2) They shall come into force on the date of their publication in the official Gazette.

2. Definitions.- In these rules, unless the context otherwise requires,-

(a) “Act” means the Export (Quality Control and Inspection) Act, 1963 (22 of 1963);

(b) “agency” means the Export Inspection Agency established under sub-section (l) of section 7 of the Act;

(c) “Council” means the Export Inspection Council established under section 3 of the Act;

(d) “establishment” means any premises or unit where fruit and vegetable products are prepared, processed, preserved, packaged or stored;

(e) “fruit and vegetable products” means-

(i) synthetic beverages, syrups and sherbats;

(ii) vinegar, whether brewed or synthetic;

(iii) pickles;

(iv) dehydrated fruits and vegetables;

(v) squashes, crushes, cordial, barley water, barrelled juice and ready-to-serve beverage, fruit nectar or any other beverage containing fruit juices or fruit pulp;

(vi) jams, jellies and marmalades;

(vii) tomato products, ketchup and sauce;

(viii) preserved, candied and crystallised fruits and peels;

(ix) chutneys;

(x) canned and bottled fruits, juices and pulp;

(xi) canned and bottled vegetable;

(xii) frozen fruits and vegetables;

(xiii) aerated water containing fruit juice and pulp;

(xiv) fruits cereal, flakes; and

(xv) any such other items relating to fruits or vegetables.

3. Basis of Inspection.- Inspection of the fruit and vegetable products shall be carried out with a view to seeing that the same conform to the standard specifications recognised by the Central Government under section 6 of the Act.

4. Procedure for Inspection.- (1) An exporter intending to export fruit and vegetable products may,-

(a) apply for the approval of its establishment where the intended fruit and vegetable products are prepared or processed as per Food Safety Management System based inspection system specified under sub-rule (2); or

(b) follow the consignment-wise inspection specified under sub-rule (8).

(2) The exporter covered under clause (a) of sub-rule (1), intending to export fruit and vegetable products shall apply in writing to the nearest office of the agency for approval of its establishment including their facility to process fruit and vegetable products for exports.

(3) It shall be the primary responsibility of the exporter that the establishment for which the application under sub-rule (2) has been made, ensures that the fruit and vegetable products intended for export is prepared, processed and preserved at all stages of production, storage and transport based on good manufacturing practices and good hygiene practices and the food products intended to export conforms to the standard specification recognised by the Central Government under section 6 of the Act and any other restrictions imposed by the Central Government or, as the case may be, the State Government in respect of commercial, environmental or conservation measures, from time to time;

(4) The agency shall, on satisfying itself on the basis of inspection and such testing carried out in the manner laid down by the Council, that the establishment meets with the requirements with regard to nature of activities carried out, accord approval to such establishments:

Provided that if the establishment decides to carry out activities other than those for which it has received approval, specific approval from the agency shall be obtained for that purpose:

Provided further that if the agency is not satisfied, it shall refuse to grant the approval to theestablishment and communicate such refusal in writing within a period of ten days from thedate of inspection to the establishment along with the reasons therefor.

(5) The agency shall ensure that the establishments approved under these rules, continue to comply with the requirements by regular inspection and monitoring of the establishments for which the agency shall at all times have free access to all parts of the establishments and records pertaining to the control exercised by the establishment for hygienic handling and processing of food products during all stages of production, storage and transport.

(6) The agency shall take necessary measures if the requirements cease to be met.

(7) The Council shall maintain the list of all approved establishments, each of which shall have an official number.

(8) (1) An exporter covered under clause (b) of sub-rule (1) intending to export fruitand vegetable products shall give intimation in writing to the nearest office of the agency to carry out the consignment- wise inspection.

(2) Every intimation under sub-rule (1) shall be given-

(i) not less than three days before the inspection is to be carried out at the establishment situated at the same station where the office of the agency is located; and

(ii) not less than seven days before the inspection is to be carried out at the establishment which is not situated at the same station where the office of the agency is located.

(3) On receipt of the intimation referred to in sub-rule (1) the agency shall inspect the consignments of fruit and vegetable products meant for export by drawing samples for inspection and testing.

(4) The agency on satisfying itself that the consignment of the fruit and vegetable products conforms to the standard specifications recognised for the purpose on the basis of inspection and testing carried out in the manner laid down by the Council, shall issue the certificate declaring such consignment of the fruitand vegetable products is export worthy:

Provided that if the agency is not satisfied, it shall refuse to issue the certificate to the exporter and communicate such refusal in writing within a period of ten days from the date of inspection along with the reasons therefor.

5. Places of Inspection.- (1) Inspection for the purpose of these rules shall be carried out at any premises of the exporter and the establishment approved under these rules and the exporter shall ensure that adequate facilities for the purpose exist therein.

(2) Checking sampling of the product may be done at any point before export.

6. Re-examination of the test or check sample.- (1) If the exporter or establishment is not satisfied with the results of examination by the agency, the exporter shall be entitled to request the agency in writing to arrange for re-examination of the consignment and one more test sample or check sample shall thereafter be drawn and tested.

(2) The result of analysis under sub-rule (1) shall be arranged with those of the previous samples and the average result shall be taken for determining the quality of the consignment.

7. Fee.- (1) In the case of approval of establishment for Food Safety Management System based Inspection,-

(i) a fee of five thousand rupees shall be paid to the Agency along with the application made under clause (a) of sub-rule (2) of rule 4; and

(ii) a fee at the rate of 0.15 percent of the freight on board value shall be payable subject to a minimum of five hundred rupees per consignment of the fruit and vegetable products to the Agency and subject to maximum of Rs. fifteenlakh per annum per exporters/processor.

(2) In the case of consignment-wise inspection a fee at the rate of 0.3 percentage of the freight on board value shall be payable subject to a minimum of five hundred rupees per consignment of fruitand vegetable products to the Agency.

(3) The amount of fee for each consignment under these rules shall be rounded off to the nearest rupee and, for this purpose, where such amount contains a part of a rupee, then, if such a part is fifty paise or more, it shall be increased to one rupee and, if such part is less than fifty paise, it shall be ignored.

8. Appeal.- (1) Any person aggrieved by the refusal of the agency to grant an approval to establishment under second proviso to sub-rule (4) of rule 4 or, as the case may be, the issue of certificate under proviso to clause (4) of sub-rule (8) of rule 4 may within ten days of the receipt of the communication of such refusal by him or her prefer an appeal to a panel of Experts consisting of not less than three but not more than seven persons appointed for the purpose by the Central Government.

(2) At least two thirds of the total membership of the panel of experts shall consist of non-officials.

(3) The quorum for the panel shall be three.

(4) The appeal shall be disposed off within fifteen days of its receipt.

Sd/-
(Santosh Kumar Sarangi)
Jt. Secy.

S.O.3353(E)
F.No.2/85/2015-Exp. Inspection
Issued by:
Ministry of Commerce and Industry
(Department of Commerce)
New Delhi