GoI has made amendments in the Export Policy of Food supplements containing botanicals to the EU and UK effective from 31st July 2023.
The European Union vide Commission Implementing Regulation (EU) 2021/2246 of 15 December 2021 required that Food Supplements containing botanicals (Food) [HS Code 1302 and 2106] from India for export to the EU should be accompanied by an official certificate issued by Competent Authority stating that results of sampling and analysis are in compliance to maximum residue level of ethylene oxide for the consignment and results of analysis should be attached to that certificate.
As per the amendment, the export of food supplements containing botanicals intended for human or animal consumption that have originated or consigned from India to the EU and UK will be allowed after obtaining an official certificate by EIC/EIAs, designated competent authority.
The official certificate will be issued based on analytical test reports from EIC/EIC-approved laboratories for the purpose in accordance with the EU’s requirement.
The impacted ITC HS Codes are respectively 1302 and 2106.
- SR No 89 A – ITC HS Code 1302 – description – Vegetable saps and extracts, pectic substances, pectinates and pectates, agar-agar and other mucilages and thickeners, whether or not modified, derived from vegetable.
- SR No 93 A – ITC HS Code 2106 – Description – Food preparations not elsewhere specified or included.
Therefore, in order to facilitate the export of Food Supplements containing botanicals from India to the EU and UK as per DGFT Notification and ensuring compliance with the EU requirements, the EIC specifies the following procedures/guidelines:
- The general procedure to be followed for issuance of an Official Certificate for the export of Food Supplements containing botanicals will be the same as laid down in EIC’s Voluntary Certificate Scheme
[Document No. EIC/ Vol. Certification Scheme / 2017/Issue 5 – < https://www.eicindia.gov.in/WebApp1/resources/PDF/ExecutiveInstructionsVCS2023.pdf> , as amended from time to time] unless otherwise specified.
2. Each consignment of Food Supplements containing botanicals should be sampled and tested for compliance with the maximum residue level of ethylene oxide (sum of ethylene oxide and 2-chloro-ethanol, expressed as ethylene oxide) as per EU requirement.
3. The official certificate will be issued based on a satisfactory analytical test report from EIC’s laboratories or EIC-approved laboratories for the purpose. A list of EIC/EIC-approved laboratories is available on EIC’s website [https://www.eicindia.gov.in/WebApp1/pages/menuInfo/Lab_List.xhtml]
4. The format for an official certificate shall be as per Annexure IV of Commission Implementing Regulation (EU) 2019/1793 dated 22 October 2019 (as amended from time to time).
5. The exporter intending to obtain an Official Certificate for the export of Food Supplements containing botanicals may contact the nearest Export Inspection Agency (EIA) along with the requisite documents. The list of EIA Offices & Sub-Offices is available on EIC’s website [https://www.eicindia.gov.in/WebApp1/pages/menuInfo/contactUs.xhtml ].
- Read Notification: Amendment in Export Policy of Food Supplements containing botanicals
- Read Guidelines /SOP for export of Food Supplements containing botanicals for the EU and UK
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