41/2010-Cus, Dated: 03/11/2010
 
Circular No.41/2010-Customs
 
F. No.401/207/2010-Cus.III
Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise & Customs
159A, North Block,
New Delhi-110001
 
3rd November, 2010
To,
 
All Chief Commissioners of Customs / Customs (Prev).
All Chief Commissioners of Customs & Central Excise.
All Directors General of CBEC.
All Commissioners of Customs / Customs (Prev). 
All Commissioners of Customs (Appeals). 
All Commissioners of Customs & Central Excise.
All Commissioners of Customs & Central Excise (Appeals).
 
 
Subject: Enforcement of statutory measures (Phytosanitary requirement) for import of food grains before release of consignments by the Customs authorities – regarding
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Sir / Madam,
 
 
            The import of food grains to India is regulated under the Destructive Insects and Pests Act, 1914 and Plant Quarantine (Regulation of Import into India) Order, 2003 issued thereunder. As per this Order, it is mandatory to conduct the pest risk analysis of each commodity before allowing clearance into the country. The import consignments of food grains are required to comply with certain phytosanitary norms as prescribed under Plant Quarantine (Regulation of Import into India) Order, 2003.  
 
2.         Instances have come to notice of the Board where phytosanitary requirements are not being implemented properly in respect of import of food grains into India by field formations. The matter was also taken up with Ministry of Agriculture and Food Safety and Standards Authority of India (FSSAI) in order to put in place various statutory standards and also ways to enforce them strictly and more effectively.
 
3.         In this regard, detailed statutory phytosanitary requirements for import of food grains are enclosed as Annexure A to this Circular. The process of phytosanitary inspection and release of consignments are also detailed in the Annexure. 
 
4.         Board desires that these requirements should be scrupulously implemented by the field formations. All consignments of food grains may be referred to Plant Quarantine authorities at respective point of entry for phytosanitary inspection before release by Customs. These consignments of food grains will be allowed clearance only after getting NOC from Plant Quarantine Authorities.
 
5.         Suitable instructions may be issued to the field formation for strict compliance. 
 
6.         Difficulty faced, if any, may be brought to the notice of the Board.
 
 Yours faithfully,
 
R. P. Singh
Director (Customs).
 
Internal circulation: As usual.