Export of Milk and Milk Products (Quality Control, Inspection and Monitoring) Rules, 2020

Export of Milk and Milk Products (Quality Control, Inspection and Monitoring) Rules, 2020

NOTIFICATION

New Delhi, the 9th November, 2020

S.O. 4032(E).—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 Milk Products (Quality Control, Inspection and Monitoring) Rules, 2000, except as respects things done or omitted to be done before such supersession, the Central Government hereby makes the following rules, namely:-

1. Short title and commencement. – 

(a) These rules may be called the Export of Milk and Milk Products (Quality Control, Inspection and Monitoring) Rules, 2020.

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

2. Definition.–(1) 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 any of the Export Inspection Agencies established by the Central Government at Mumbai, Kolkata, Kochi, Delhi and Chennai under section 7 of the Act for inspection including its sub-offices located at various places of the region;

(c) “Batch” means quantity of milk and milk products which have been prepared under the same

conditions and in particular treated in single continuous operation;

(d) “Certificate” means certificate issued under sub-section (3) of section 7 of the Act stating that the commodity conforms to the conditions regarding Quantity Control and Inspection;

(e) “Collection Centre” means an establishment where raw milk may be collected and possibly cooled and filtered;

(f) “Competent Authority” means any one of the Export Inspection Agencies at Mumbai, Kolkata, Kochi, Delhi and Chennai established under section 7 of the Act;

(g) “Composite Milk Product” means a product of which the milk , milk products or milk constituents shall be an essential part in terms of quantity in the final product, as consumed and the constituents not derived from milk shall not take the place in part or in whole of any milk constituent;

(h) “Consignment” means quantity of milk or milk products for a single delivery to one destination for further processing by the food industry or intended for direct human consumption;

(i) “Country of Dispatch” means India;

(j) “Country of Destination” means the country to which milk or milk products are dispatched from India;

(k) “Heat Treatment” means any treatment involving heating that causes, immediately after it has been

applied, a negative reaction to the phosphatase test;

(l) “Holding” means an establishment at which one or more dairy animals and their followers are kept;

(m) “Packing” means placing of milk or milk products in any form of package;

(n) “Packaging” means  placing of one or more wrapped or unwrapped products as in a container, as well as the container itself;

(o) “Placing on the market” means the stocking or display with a view to sale, offering for sale, delivery or any other manner of disposal with the exception of retail sale, which must be subject to the checks laid down by national rules for retail business;

(p) “Plant” means any premises where milk or milk products are processed and manufactured;

(q) “Potable water” means water that has been approved by State Health Authority or other organisations or laboratories acceptable to the Competent Authority as safe for drinking and suitable for food processing;

(r) “Thermisation” means a heat treatment applied to raw milk aimed at reducing the number of organisms in milk and permitting longer storage of the milk prior to further processing. The heating conditions are 620C to 650 C for 15 to 20 seconds. Thermized milk must be phosphatase positive;

(s) “Treatment  establishment”  means  an  establishment  or  production  holding  where  milk  and/or products are treated, processed and packed;

(t) “UHT (Ultra High Temperature) Treatment” means the treatment of milk or cream in a high- temperature or short time heat treatment aimed at producing a commercially sterile product, which can be stored at room temperature. The process aims to destroy all micro-organisms and any residual micro-organisms are unlikely to cause spoilage under normal storage conditions. UHT- treated milk and cream are packaged aseptically into sterilized, hermetically sealed containers. The total heat treatment is equivalent in terms of its effectiveness against heat-resistant spores to a minimum F value of 3 min. The temperature for UHT treatment shall be  in the range of 135°C-150°C in combination with appropriate holding times such as 140°C for 2-3 seconds;

(u) “Wrapping” means the protection of the products by the use of an initial wrapping or initial container in direct contact with the products concerned as well as the initial wrapper or initial container itself.

(2) Words and expressions used, but not defined in these rules, shall have the same meanings respectively assigned to them in the Act.

3. Basis of Inspection.- Inspection of the milk and milk 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 Quality Control, Inspection and Certification.- (1) An exporter intending to export milk or milk products shall,-

 (a) apply for the approval of its establishment where the intended milk or milk product is prepared or processed as per Food Safety Management System based Inspection system specified under sub-rule (2), applicable for export to all countries; or

(b) follow the consignment-wise inspection specified under sub-rule (3), applicable for export to countries other than European Union subject to the requirements of the importing countries from time to time.

(2) (a) The exporter covered under clause (a) of sub- rule #(1), intending to export milk or milk product shall apply to the nearest office of the Agency established under sub-section (1) of section 7 of the Act, for approval of his establishment including the facility to store or handle or transportation or process or pack milk or milk products for exports.

(b) It shall be the primary responsibility of the exporter that the establishment for which the application under clause (a) has been made, ensures that the milk or milk products intended for export are 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 confirms to the standard specification recognised by the Central Government under section 6 of the Act, any other restrictions imposed by the Central Government or, as the case may be, the State Government in respect to commercial, environmental or conservation measure, from time to time.

(c) The Agency shall, on satisfying itself on the basis of assessment carried out in the manner laid down by the Council, that the establishment meets the requirements with regards to nature of activities carried out, accord an approval to the establishment and issue the certificate of approval.

(d) The approval accorded under clause (c) shall  be valid for  a period of  three years and the establishment shall be assessed for consideration for renewal of approval on request. If the Agency is not satisfied, it shall refuse to grant the approval to the establishment and communicate such refusal in writing within a period of ten days from the date of assessment to the establishment along with the reasons therefor.

(e) The Agency shall ensure that the establishments approved under this sub-rule, continue to comply with the requirements by regular quality control, 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.

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

(g) The Agency shall take necessary steps to ensure that milk or milk products exported by approved establishments comply to following requirements:

(i) they must have been obtained from milk of dairy animals which meet the requirements given in item 1 of Annexure A;

(ii) they must contain only the permissible food additives or processing aids, other than milk, which are fit for human consumption;

(iii) they must have been treated and prepared in an approved plant which complies with items 1, 2, 5 and 6 of the Annexure B and satisfy the requirements of these rules;

(iv) they must have been processed and/or manufactured meeting the requirement laid down in Annexure C;

(v) they must have undergone a processing treatment which enables them to meet inter alia the analytical specifications laid down in item 3 of the Annexure C;

(vi) they must have undergone labelling in accordance with item 5 of the Annexure C;

(vii) they must have been packed in accordance with item 4 of Annexure C;

(viii) they must be stored and transported in accordance with item 6 of the Annexure C;

(ix) the period during which the milk or milk products are fit for human consumption and storage shall be indicated by the processor;

(x) the results of the various checks and tests are recorded and kept for presentation to the competent authority for a period of three years;

(xi) )there shall not have any residue of substances having a pharmacological or hormonal action, and of antibiotics, pesticides, detergents in excess of the permitted levels fixed so as to make them harmful or which might alter their organoleptic characteristics or make their consumption dangerous or harmful to human health;

(xii) if the milk or milk products examined show traces of residues in excess of the permitted levels fixed, they must not be allowed either for the manufacture of foodstuffs or for direct human consumption;

(xiii) tests for residues must be carried out in accordance with National or Internationally recognised methods;

(xiv) the health checks and supervision of production shall be carried out as per Annexure D.

(h) The Competent Authority may take the assistance of representatives from the Council, Agricultural and Processed Food Products Export Development Authority(APEDA), Department of Animal Husbandry and Dairying under Ministry of Fisheries, Animal Husbandry and Dairying, Ministry of Food Processing Industries, Food Safety and Standards Authority of India, National Dairy Development Board, National Dairy Research Institute, industry, co-operatives in the matter of approval of establishment.

(i) On request from the processor or exporter, the Agency shall issue health certificate or veterinary certificate, in the specified proforma or in the format desired by importing country after satisfying itself that the milk or milk product was processed in the approved processing establishments having valid approval number issued by the Export Inspection Agency and complies with the rules as provided under rule 3 and this rule and the instructions if any issued in this respect by the Council.

(j) In case the approved processor intends to export the fresh or chilled milk or milk products immediately to realise value on freshness of the products, the certificate may be issued on the day of dispatch of the chilled milk or milk product and the test results of the laboratory sample shall be verified on retrospective basis and appropriate follow-up actions shall be taken in the case on non- compliant results of analysis of the sample from the consignments.

(3) (a) An exporter covered under clause (b) of sub-rule (1) intending to export milk or milk product shall submit an intimation in specified proforma giving particulars of consignment intended to be exported to the nearest office of the Agency to carry out the consignment-wise inspection. Every such intimation 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 five 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.

(b) On receipt of the intimation referred to in clause (a), the Agency shall inspect the consignment of milk product meant for export by inspection and drawing samples for testing.

(c) The agency on satisfying itself that the consignment of the milk product 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 health certificate declaring such consignment is fit for human consumption and export worthy  and shall also issue veterinary certificate, if requested by the exporter, in the specified proforma desired by importing country:, Provided that it shall be lawful for the Agency to supervise, oversee and secure compliance of the requirement of this provision and refuse to issue certificate in respect of milk product in any form intended for export for not complying with the requirement and communicate such refusal in writing within a period of five days from the date of inspection along with the reason therefor.

(d) The Agency shall have right to reassess the quality of the consignment in storage, transit or at the ports, after issuance of any  type of certificate and  in the extent of consignment being  found  not conforming to the standard specification, at any stage, the certificate originally issued shall be withdrawn.

(e) Inspection for the purpose of these rules shall be carried out at any premises of the exporter or processor and the applicant shall ensure that adequate facilities for the purpose exist therein.

5. Fee.-  (a) A fee of Rs. 5,000 shall be paid by the processor along with the application for approval of the milk or milk product processing plant.

(b) A monitoring fee at the rate of 0.20 percent. of free on board (F.O.B.) value shall be paid by the processor or the exporter to the concerned Export Inspection Agency subject to a maximum of Rs.25 lakhs per annum per exporter or processor.

(c) In the case of consignment-wise inspection, a fee at the rate of 0.4 percent. of the free on board value shall be payable subject to a minimum of five hundred rupees per consignment of milk or milk products to the Agency.

Explanation.-For the purposes of this rule the amount of fee for each consignment payable by the processor or exporter 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 50 paise or more, it shall be increased to one rupee and, if such part is less than 50 paise, it shall be ignored.

6. Appeal.- (1) Any person aggrieved by the,-

(i) decision of the Competent Authority not to accord approval;

(ii) decision of the Competent Authority to withdraw approval;

(iii) refusal of Competent Authority to issue Health or Veterinary Certificate,

may prefer an appeal within forty -five  days from the date on which the decision or order is served on such person to an Appellate Authority appointed by the Central Government.

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

(3) The quorum for any meeting at the Appellate Authority shall be three.

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