The Food Safety and Standards Authority of India (FSSAI) has updated its list indicating the product scope for which its model health certificate. Due to clerical error, FSSAI posted three versions of this list, all dated December 28, 2022. The version that is now present on the FSSAI website adds lactose to the list of products for which the FSSAI certificate is required. Therefore, it is now expected that FSSAI will demand its model dairy certificate for basic dairy products of Chapter 4 (i.e. milk powder, whey powder, butter, cheese, etc.) ice cream of HS 2105, and lactose of HS 1702.11. USDEC is seeking clarification on whether an exemption may exist for pharmaceutical lactose.

FSSAI retains the option to modify its HS code list in the future. USDEC will notify membership if there are any future changes to the HS codes included in the list.

As a reminder, the U.S. government (USG) has not agreed to endorse this FSSAI model certificate, which requires feed attestations inconsistent with the World Organisation for Animal Health's (WOAH) science-based guidance and demands that the U.S. government attest to meeting Indian regulations. As of January 1, 2023, this FSSAI certificate is required in addition to the DAHD certificate, which the USG will also not endorse. Please see Volume 2 of the Export Guide for additional details and links to these certificates.

Please also note that FSSAI is expected to begin enforcing its plant registration requirements on February 1, 2023, and milk and milk products, nutraceuticals, and infant formula are all within the scope of this requirement. As of today, FSSAI has not announced a list of applicable HS codes for this plant registration requirement. The USG is still evaluating the feasibility of assembling the required plant lists. Additional details are also in Volume 2 of the Export Guide.

USDEC is aware that members have significant interest in exporting to India and will continue to work closely with the USG to find solutions to the market access challenges in this market. Please contact Sandra Benson at sbenson@usdec.org with any questions and to report any detained shipments.