**Executive Summary:**
This notification amends the export policy for food supplements containing botanicals under ITC HS codes 1302 and 2106, specifically for exports to the European Union (EU) and the United Kingdom (UK). It mandates official certification for these exports and temporarily authorizes SHEFEXIL to issue these certificates for three months from the notification date. The amendment is made under the Foreign Trade Development and Regulation Act 1992 and the Foreign Trade Policy 2023.
**Key Points / Main Content:**
* **Policy Amendment:** Amends Schedule 2 of ITC HS Export Policy, 2018.
* **Scope:** Applies to food supplements containing botanicals under ITC HS codes 1302 and 2106.
* **Destination:** Targeted at exports to the European Union (EU) and the United Kingdom (UK).
* **Certification Requirement:**
* Mandates an official certificate for the export of food supplements containing botanicals intended for human or animal consumption.
* The Export Inspection Council (EIC) through Export Inspection Agencies (EIAs) is the designated Competent Authority for issuing the certificate.
* The official certificate will be issued based on satisfactory analytical test reports from EIC approved laboratories as per EU requirements.
* **Temporary Authorization for SHEFEXIL:**
* Allows SHEFEXIL to issue official certificates for three months from the date of the notification.
* Requires a satisfactory Analytical Test Report from NABL accredited laboratories for ETO testing.
**Impact Analysis:**
**Exporters of Food Supplements Containing Botanicals:**
* Impact: Must obtain official certificates from either EIC/EIA or SHEFEXIL (for a limited time) to export to the EU and UK.
* Action Required: Contact EIC/EIA or SHEFEXIL to initiate the certification process, ensuring compliance with testing and documentation requirements.
**Export Inspection Council (EIC) and Export Inspection Agencies (EIAs):**
* Impact: Responsible for issuing official certificates based on satisfactory analytical test reports from approved laboratories.
* Action Required: Ensure readiness to handle certification requests and maintain compliance with EU standards.
**SHEFEXIL:**
* Impact: Temporarily authorized to issue official certificates.
* Action Required: Prepare to issue certificates within the three-month window, adhering to the NABL accredited laboratory testing requirements.
**NABL Accredited Laboratories:**
* Impact: Responsible for ETO testing.
* Action Required: Perform ETO testing according to EU requirements.
Key Entities Referenced
Foreign Trade Development and Regulation Act, 1992: The Act that confers powers to the Central Government related to foreign trade.
Foreign Trade Policy, 2023: A policy document that provides a framework for promoting exports and imports.
ITC HS Export Policy, 2018: Indian Trade Clarification based on Harmonized System (ITC HS) export policy.
European Union: A political and economic union of member states located primarily in Europe.
United Kingdom: A sovereign country located off the north-western coast of the European mainland.
Export Inspection Council: An organization responsible for quality control and inspection of exportable commodities.
SHEFEXIL: An export promotion council allowed to issue official certificates for a limited time.
Santosh Kumar Sarangi: Director General of Foreign Trade and Ex Officio Additional Secretary, Government of India.
To be published in Gazette of India Extraordinary Part —l, Section -3, Sub —Section (ii)
Government of India
Ministry of Commerce & Industry
Department Of Commerce
Directorate General of Foreign Trade
Vanijya Bhawan, New Delhi
Notification No. 3} /2023
New Delhi, Dated : | [!’September ,2023
Subject : Amendment in Export Policy of Food Supplements containing botanicals
S.0 (E) - $.0.(E) The Central Government, in exercise of the powers conferred by Section 3
read with section 5 of the Foreign Trade (Development & Regulation) Act, 1992 (No. 22 of
1992), as amended, read with Para 1.02 and 2.01 of the Foreign Trade Policy, 2023 hereby
amends the schedule -2 of ITC (HS) Export Policy, 2018, as under :-
S.No|ITS HS|Description| Present | Policy conditions Revised Policy conditions
codes Policy
89A |1302 |Vegetable |Free [The export of Food| »° The export of Food|
saps and [Supplements Supplements containing}
lextracts; containing botanicals botanicals to European|
Ipectic ito European Union| Union (EU) and United
substances, (EU) and United] Kingdom (UK)
Ipectinates Kingdom (UR) originating in or
land loriginating in of consigned from India and
lpectates; consigned from India] intended for human or|
lagar-agar land intended _ for| animal consumption,
land _ other human or] allowed subject to
Imucilages animal consumption, issuance of the official]
land lallowed subject to] certificate issued _ by|
thickeners, issuance of the} Export Inspection]
lwhether _ or| lofficial _—_ certificate} Council (EIC)/ Export]
Inot issued by Export] Inspection Agencies}
Imodified, Inspection Council (EIAs), the designated}
derived (EIC)/ Export] Competent Authority for
from Inspection Agencies| issuance of official
lvegetable (EIAs), the} certificate. The official]
products. designated certificate will be issued
93A |2106 |Food Free (Competent Authority] based on the satisfactory]
(1) preparations for issuance off analytical test — report]
Inot official certificate, from EIC/EIC approved|
lelsewhere [The official laboratories for the
specified or certificate will be purpose as per the
included. issued based on the requirement laid down by|
satisfactory EU.
lanalytical test report}
from BIC/EIC| ° The export of Food|
relapproved Supplements containing
laboratories for the botanicals to European|
purpose as per the| Union (EU) and United|
requirement laid| Kingdom (UK)
\down by EU. originating in or|
consigned from India and}
intended for human or}
animal consumption, also}
allowed, subject to
issuance of the official
Certificate by the|
designated EPC,
SHEFEXIL, as|
Competent Authority for]
a period of three months)
from the date of issuance)
of this Notification,
based on the satisfactory|
Analytical Test Report]
from NABL._ accredited|
laboratories for ETO
testing for Food|
Supplements containing]
Botanicals approved for|
the purpose as per the|
requirement laid down by|
EU.
2. Effect of This Notification:
Export of Food Supplements containing botanicals under ITC HS code 1302 and 2106
intended for human or animal consumption to European Union and United Kingdom
will require issuance of official certificate by EIC/EIA or SHEFIXIL. SHEFEXIL is
allowed to issue an official certificate for a period of three months from the date of
issuance of this Notification.
(Santosh Kumar Sarangi)
Director General of Foreign Trade
Ex- Officio Additional Secretary, Government of India
Email :dgft@nic.in
(Issued from F.No. 01/91/180/027/AM22/EC/ 30745)