Section 22 in The Food Safety And Standards Act, 2006
22. Genetically modified foods, organic foods, functional foods, proprietary foods, etc.-
Save as otherwise provided ... novel food, genetically modified articles of food, irradiated food, organic foods, foods for special dietary uses, functional foods, neutraceuticals, health supplements, proprietary foods and such
found, and
a large quantity of undeclared/misdeclared goods being food
supplements, was found as follows:-
Declared Goods Found in Containers by DRI during examination ... wherein he allegedly admitted the mis-declaration
regarding import of goods/food supplements.
8. Another statement of Mr. Kshitij Sharma was recorded on 14th
January
extended the product portfolio of ZINCOVIT brand into nutraceuticals and food supplements also in the year 2005 by obtaining necessary licences from the appropriate authorities ... ZINCOVIT product as if it is to be a 'nutritional food supplement', 'not for medical use'; and in their packaging
source of DHA in foods, beverages, etc. That, the Food,
Safety and Standards (Food Products Standards and Food Additives)
Regulations 2011, mentions Algal and fungal ... algal odour, making it totally inappropriate
to call them food or food preparation or food supplement" and the
goods are "not understood
upon intelligence regarding undervaluation and mis-
declaration into imports of 'Food Supplements' from several Delhi
based importers namely, M/s. Jaskaran ... that these importers were suppressing
Retail Sale Price (RSP) of 'Food Supplements' in order to evade CVD;
4
C/50105/2016
that searches
Entry was declared as Chocolates, food stuff etc.
whereas the goods found on examination were food supplements containing
whey protein and vitamins.
7.2 Thus ... Cigarettes and
other Tobacco Products Act (COTPA) regulations and the food stuff and food
supplements were not allowed by the AQCS for importation into India
that this chapter does not cover foods or beverages [such as dietetic, diabetic or fortified foods, food supplements, tonic beverages and mineral waters], which ... whether the subject goods are articles of food or not. The question is whether they are food supplements. 'Food supplements' are not same
classifiable under CTH 21061000.
However, the other food items such as "Protein Enriched Food
Supplements" like "Whey Protein, Protein Food Supplements ... nutritional supplements in India. In
this regard, the appellant imported certain nutritional
supplements containing cocoa, glutamine powder, creatine
powder and certain unflavoured nutritional supplements
from
Excise Tariff Act, 1985 (CETA), as contended by appellants or as food supplements under 2108.99 of CETA.
The facts of the appeal ... were imported and marketed by Daehsan in India as food supplements upto February 2002. As per the composition declared by them, RG contained 100% Ganoderma
period of
limitation and also that the goods classified as "Food Supplement"
4
Customs Appeal Nos.40357-40359 of 2021
under ... falling
under Regulation 7 .0 of the Food Safety and Standards (Food or
Health Supplements, Nutraceuticals, Foods for Special Dietary
uses, Foods for Special Medical
