Custard powder

Custard powder, miscellaneous edible food preparations

FSSAI CLEARANCE

HSN 2106 90 80 (Custard powder) is subject to Food Safety and Standards Authority of India (FSSAI) Import Licence and label-compliance obligations under the Food Safety and Standards Act, 2006, including the FSS (Labelling and Display) Regulations, 2020. Import is also restricted to designated food-import entry points under General Note 4(D) of Schedule I of the ITC (HS) 2022, with Directorate General of Foreign Trade (DGFT) and Central Board of Indirect Taxes and Customs (CBIC) policy overlays applying at the bill of entry. Importantly, custard powder containing milk or milk solids as an ingredient is prohibited from import from China pending laboratory upgrades for melamine testing.

What this is

HSN code

2106 90 80

Chapter

21 · Miscellaneous edible preparations

Primary regulator

FSSAI · Food Safety and Standards Act, 2006

Customs documentation

Import Licence from FSSAI
Specimen copy of label from FSSAI
Rectifiable labelling declaration from CBIC

Applicable Partner Government Agencies

FSSAIFSSAI·Food Safety and Standards Authority of India

Procedural directions for customs clearance are issued by: Directorate General of Foreign Trade, Central Board of Indirect Taxes and Customs.

Compliance steps

1
Obtain the FSSAI Import Licence and upload both the licence (document code 911001) and a specimen copy of the label (document code 0110FS) in e-Sanchit before filing the bill of entry. Customs out-of-charge will not be granted until both documents are verified in e-Sanchit.
CBIC Instruction 10/2022-Customs dated 28-06-2022 · CBIC Instruction 09/2023-Cus dated 07-03-2023
2
Route the consignment only through a designated food-import entry point per General Note 4(D) of Schedule I of the ITC (HS) 2022. Confirm the port of entry against the notified list before vessel departure; arrival at a non-designated port results in detention of the consignment.
General Note 4(D) of Schedule I of the ITC (HS) 2022 · CBIC Instruction 05/2023-Cus dated 08-02-2023
3
If the custard powder contains milk or milk solids as an ingredient and originates from China, import is prohibited under DGFT Notification 01/2015-20 dated 23-04-2019, pending melamine-testing capacity upgrades at port laboratories. Verify ingredient composition and origin before placing the purchase order to avoid outright refusal of entry.
DGFT Notification 01/2015-20 dated 23-04-2019

A word of counsel

The most common error on this tariff line is overlooking the China-origin milk-solids prohibition: custard powder formulations frequently contain milk powder or milk solids, and an import of such a product from China is flatly prohibited — not merely delayed — under DGFT Notification 01/2015-20. Importers who discover the prohibition only at the port of entry face outright refusal of out-of-charge, demurrage, and compulsory re-export, with no rectification pathway available. Ingredient-composition and country-of-origin verification must be completed at the purchase-order stage, not at customs.

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Frequently asked

Does HSN 2106 90 80 require BIS certification?

No, custard powder is not within the BIS Quality Control Order regime; no BIS QCO covers this product. Import is governed by the Food Safety and Standards Authority of India under the Food Safety and Standards Act, 2006, with DGFT policy and CBIC customs overlays applying at the bill of entry.

What labelling deficiencies can be rectified at the port for imported custard powder?

Under CBIC Instruction 09/2023-Cus (modifying Instruction 10/2022-Customs) and the FSSAI order dated 18-11-2022, per-serve dietary contribution disclosures and expiry/best-before date information may be rectified at customs bonded warehouses by affixing a single non-detachable sticker, provided the original label is not altered and the manufacturer supplies the corrected information.

Does the China-origin prohibition apply only to pure milk products, or does it extend to food preparations containing milk solids?

The prohibition under DGFT Notification 01/2015-20 dated 23-04-2019 extends to food preparations — including chocolates, confectioneries, and food preparations — that contain milk or milk solids as an ingredient; it is not limited to pure milk products.

Last verified against gazette notifications: 2026-05-16. Source: FSSAI / DGFT / CBIC / Indian Customs CUSDATA.