Export of Egg and Egg Products Rules, 2021.

Export of Egg and Egg Products (Quality Control, Inspection and Monitoring) Rules, 2021- NOTIFICATION

S.O. 4369(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 Egg and Egg Products (Quality Control and Inspection and Monitoring) Rules, 2019 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 Egg and Egg Products (Quality Control, Inspection and Monitoring) Rules, 2021.
(b) They shall come into force on the date of their publication in the Official Gazette.

(2) Definitions.- In these rules unless the context otherwise requires,-

(a) “Act” means the Export (Quality Control and Inspection) Act, 1963 (22 of 1963);
(b) “Annexure” means an annexure appended to these rules;
(c) “Batch” means a quantity of egg products which have been prepared under the same conditions and in particular treated in single continuous operations;
(d) “Competent Authority” means any one of the Export Inspection Agencies at Mumbai, Kolkata, Kochi, Delhi and Chennai established under section 7 of the act;
(e) “consignment” means a quantity of egg or egg products for a single delivery to one destination for further processing by the food industry or intended for direct human consumption;
(f) “country of Destination” means the country to which egg products are dispatched from India;
(g) “country of Despatch” means India;
(h) “Merchant Exporter” means an exporter who buy the egg or egg products from the approved egg processing plants under these rules for the purpose of exports;
(i) “farm of production” means Farm supplying eggs intended for manufacture of egg products or direct human consumption;
(j) “potable Water” means water that has been approved by State Health Authority or other Agency or Laboratory acceptable the Competent Authority as safe for drinking and suitable for food processing;
(k) “incubator reject” means an egg that has been subjected to incubation and has been removed from incubation during the hatching operations as infertile or otherwise unhatchable.
(l) “label” means a display of any printed, graphic or other method of identification upon the shipping container if any, or upon the immediate container;
(m) “pasteurise” means subjecting of each particle of egg products to heat or other treatments to destroy harmful viable microorganisms by such processes as may be laid down by these rules;
(n) “plant” means any premises where eggs are packed or egg products are processed;
(o) “processing” means manufacturing of egg products, including breaking eggs or filtering, mixing, blending, pasteurizing, stabilising, cooling, freezing or drying or packaging egg products at plants approved by the
Competent Authority;
(p) “sampling” means the act of taking samples of any product for inspection or analysis;
(q) “sanitise” means the application of bactericidal treatment which is approved as being effective in destroying microorganisms, including pathogens;
(r) “shipping Container” means any container used in packaging a product;
(s) “stabilisation” means the subjection of any egg product to a desugaring processing;
(t) “white or albumen” means for the purpose of this part, the product obtained from the egg as broken from the shell and separated from the yolk;
(u) “condition” means any condition (including but not limited to the state of preservation, cleanliness, soundness, wholesomeness or fitness for human food) of any product which affects its merchant ability or any condition, including but not being limited to the processing handling or packaging which affects products;
(v) “container” or “Package” includes any box, can, tin, plastic or other receptacle, wrapper or cover.

(3) Basis of compliance.-

(1) It shall be the responsibility of the processors to ensure that the egg or egg products intended for exports are handled, processed at all stages of production, storage and transport under proper hygienic conditions so as to meet the health requirements laid down under these rules and that the products conforms to the specifications given in the Order of the Central Government issued in exercise of the powers conferred by section 6 of the Act in this regard.

(2) For effective monitoring of the scheme Council shall issue necessary instructions in this regard from time to time.

(4) Procedure for Quality Control, Inspection and Certification.-

(1)An exporter intending to export egg or egg products may,-

(a) apply for the approval of its establishment where the intended egg or egg product is prepared or processed as per Food Safety Management System based Inspection system ,applicable for export to all countries; or
(b) follow the consignment-wise inspection applicable for export to countries other than European Union subject to the requirements of the importing countries from time to time.

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

(ii) It shall be the primary responsibility of exporter that the establishment for which the application under this rule has been made, ensures that the egg and egg 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, and 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.

(iii) The Export Inspection 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:
Provided that the approval shall be valid for a period of three years and the establishment shall be assessed for consideration for renewal of approval on request:
provided further that if the Export Inspection 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 therefore.

(iv) The Export Inspection Agency shall, ensure that the establishments approved under this rule, continue to comply with the requirements by regular quality control, Inspection and monitoring of the establishments for which the Export Inspection 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 staged of production, storage and transport.

(v) The Council shall maintain the list of all approved establishments, each of which shall have an Official number.

(vi) The Export Inspection Agency shall take necessary steps to ensure that egg and egg products exported by approved establishments comply to following requirements, namely:-

(a) they have been obtained from hens, ducks, geese, turkeys, guinea fowls or quail eggs, but not a mixture of eggs of different species;
(b) they have been an indication of the percentage of egg ingredient they contain when they are partially supplemented by other food stuffs;
(c) they have been treated and prepared in an approved plant which complies with Annexures I and II and satisfy the requirements of these rules;
(d) they have been prepared under hygiene conditions complying with Annexures III and V from eggs meeting the requirements laid down in Annexure IV;
(e) they have undergone a treatment process which enables them to meet inter alia the analytical specifications laid down in Annexure VI;
(f) they have undergone a health check in accordance with Annexure VII;
(g) they have been packed in accordance with Annexure VIII;
(h) they have been stored and transported in accordance with Annexures IX and X;
(i) they have meet the requirements of importing regulatory authorities;
(j) samples for laboratory examination are taken in order to check the analytical specifications as set out in Part I of the Annexure VI;
(k) egg products that may not be kept at the ambient temperature are transported or stored at the temperature stipulated in Annexures IX and X;
(l) the period during which the conservation of egg products is assured as indicated by the processor;
(m) the result of the various checks and tests are recorded and kept for presentation to the competent authority for a period of three years.
(n) to detect any residues of substances having a pharmacological or hormonal action and of antibiotics, pesticides, detergents and other substances which are harmful or which might alter the organoleptic characteristics of egg and egg products or make their consumption dangerous or harmful to human health;
(o) if the egg products examined show traces of residues in excess of the permitted levels fixed they shall not be allowed either for the manufacture of foodstuffs or for direct human consumption;
(p) tests for residues shall be carried out in accordance with proven and scientifically recognised methods;
(q) having satisfied itself that the plant meets the requirements with regards to the nature of the activities it carries out, the competent authority shall accord approval to such plant;
(r) the Competent Authority may take the assistance of a representative each from Agricultural and Processed Food Products Export Development Authority (APEDA), Food Safety and Standards Authority of India, Directorate of
Marketing and Inspection (DMI), Ministry of Food Processing Industries, Department of Animal Husbandry and Dairying under Ministry of Fisheries, Animal Husbandry and Dairying Veterinary College or Institute in the matter
of approval of processing plants;
(s) the Competent authority shall draw up a list of the approved plants each of which have an official number and the competent authority shall furnish to appropriate authorities the list of approved plants and subsequent change thereof;
(t) the inspection and monitoring of plant and packaging centres shall be carried out regularly by the competent authority which shall at all times have free access to all parts of the plant in order to ensure that these rules are being
observed;
(u) the Council may seek the assistance of the Agricultural and Processed Food Products Export Development Authority (APEDA) or any other organisation approved by it for residue monitoring.

(3) (a) Any exporter covered under clause (b) of sub-rule (1) and intending to export egg and egg product shall submit an intimation in the laid down proforma by giving particulars of consignment intended to be exported to the nearest office of the Agency to carry out the consignment wise inspection.

(b) Every intimation under clause (a) 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 officers of the agency is located.

(c) On receipt of the intimation under clause (a), the Agency shall inspect the consignment of egg and egg product meant for export by inspection and drawing samples for testing.

(d) The agency on satisfying itself that the consignment of the egg and egg 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 pro forma desired by importing country:
Provided that it shall be lawful for the Agency to supervise, oversee and secure compliance of the requirement of the above provision and refuse to issue certificate in respect of egg product in any form intended for export 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 therefore.

(e) 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 event of consignment being found not conforming to the standard specification, at any stage, the certificate originally issued shall be withdrawn.

(f) 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) CERTIFICATION.- The Competent Authority shall also issue health certificates and other certificates on request from the processor or exporter after satisfying itself that the requirements of the relevant standards are met.

(6) FEE.-
(i) A fee of five thousand rupees shall be paid by the processer along with the application for approval of the egg and egg processing plant.
(ii) In case processing plant is approved by Agency, 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 with a maximum of twenty five lakhs rupees per annum per exporter or processor.
(iii) In case of Consignment Wise Inspection (CWI), a fee at the rate of 0.40 percent of free on 00.9 95 board (F.O.B) value shall be payable subject to a minimum of five hundred rupees per consignment of egg or egg products to the Agency.
(iv) The amount of monitoring fee for each consignment payable by the exporter shall be rounded, off to the nearest rupee and for this purpose, where such amount contains a part of fifty paise or more, it shall be increased to one rupee and if each part is less than fifty paise, it shall be ignored.

(7) The Competent Authority shall take necessary measures as specified in the Act, if the requirement ceases to be
met and the Council shall issue necessary instructions.

(8) APPEAL.-

(i) Any person aggrieved by the ,-
(a) decision of the Competent Authority for not to accord approval;
(b) decision of the Competent Authority to withdraw approval;
(c) 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.

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

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

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

Go to Annexures (Page No. 24)