The Supplement of the Egyptian Official Gazette (Al -Waqae Al -Misriyya) – Issue No. 285 
)supplement  ( (a) on December 19, 2021  
Decisions  
National Food Safety Authority  
Decision of Board of Directors No. 9 of the Year 2021  
On 
the Handling of the Imported Food Consignments  Subject to Temporary Release  
Board of Directors  (BOD)  
After reviewing the Constitution;  
Law No. )118  (of the Year 1975 on Import and Export and the executive regulations 
implementing the law,  
Law on the National Food Safety Authority (NFSA) enacted by Law No.  )1  (of the Year 
2017 , 
Law No. )207  (of the Year 2020 on the Enactment of the Law on Customs and the 
Executive Regulations Implementing the L aw, 
Prime Minister’s Decree No. )412  (of the Year 2019 on the Enactment of the Executive 
Regulations  Implementing the L aw on NFSA,  
Prime Minister’s Decree No.)1296 (of the Year 2020 on the Reconstitution of NFSA/BOD,  
NFSA/BOD  Decision No. )2 (of the Year 2020 on Registration of Conformity Assessment 
Bodies Issuing Certificates of Conformity (COC) for Imported Food Consignments,  
NFSA/BOD Decision No. (6) of the Year 2020 on  the Technical Regulations Governing 
Food Import Licensing , 
NFSA/BOD  Decision No. (7) of the Year 2020 on the Risk-Based Food Import Control 
System,  and 
The approval of NFSA/BOD  in the meeting  held on November10, 2021  
  The Supplement of the Egyptian Official Gazette (Al -Waqae Al -Misriyya) – Issue No. 285 
)supplement  ( (a) on December 19, 2021  
Decided  the following:  
(Article I)  
Definitions  
The following terms shall, in the application of the provisions of the present Decision, have 
the meanings set forth next to each:  
“NFSA ” shall mean  National Food Safety Authority.  
“Food Handling ” shall mean one or more operations of food production, manufacture, 
offering or displaying for sale, storage, pre serving, wrapping, transportation, delivery, 
importation, exportation, or the licensing or approval for any of these activities.  
“Importer ” shall mean a natural or legal person in whose name a Customs Declaration is 
registered for the food imports requeste d to be released after paying an import duty or 
released according to other customs systems, and who is responsible for meeting import 
regulations.  
“Party  Concerned ” shall mean a food establishment operator   (FBO) and/or the person 
who lease s to a third party for storage of food commodities.  
“Food Consignment ” shall mean one or more food commodities that are usually covered 
by one certificate in accordance with the guidelines issued by the Codex Alimentarius 
Commission (CAC).  
“Food Safety and Quality Requirements ” shall mean the technical regulations  on food 
safety and quality requirements issued by NFSA with a view to ensuring compliance of 
food, in accordance with the provisions of Law No. (1) of the Year 2017 and the Execut ive 
Regulations implementing this law, and with the applicable international food standards, 
including standards issued by CAC and approved by NFSA.  
“Risk -Based Sampling and Inspection System ” shall mean an approach followed by 
NFSA for dealing with food i mports through applying a sampling system appropriate to 
the potential risk level of the food imports at a rate ranging between  2% and  100% upon 
arrival  at the customs points of entry of the Arab Republic of Egypt.  
  The Supplement of the Egyptian Official Gazette (Al -Waqae Al -Misriyya) – Issue No. 285 
)supplement  ( (a) on December 19, 2021  
 “Clearance Channel ” shall mean a decision taken by NFSA on the customs release 
methodology determined for dealing with imported food consignments based on the 
determination of risk level of such consignments, in accordance with the information 
provided in a pre -border notifi cation.  
“Temporary Release of Imported Food Consignment ” shall mean release of an 
imported food consignment provided that the consignment is held by  NFSA and in the 
custody of food importer without the possibility to be handle d in the Egyptian market 
pendi ng an official notification from NFSA upon completion of compliance verification 
procedures determined by NFSA.  
“Food Consignment Subject to Temporary Release ” shall mean an imported food 
consignment selected as part of the sampling protocol, in accordance  with the risk -based 
food import control system issued by NFSA/BOD  Decision No. (7) of the Year 2020 
regarding the red and orange channel s, to verify compliance  and conduct tests.  
“Compliance Verification ” shall mean measures and procedures issued by NFSA to 
ensure that the imported food consignments are in conformity with food safety and quality 
requirements, including sampling and laboratory tests.  
“Hazard ” shall mean any physical, biological, chemical or  radiological agent in food.  
“Holding ” shall mean  NFSA’s measures  to hold a food in a location  specified by  NFSA , 
until it is ensured  that such food  complies with the conditions and rules provided for  the 
law and the executive regulations implementing the  law or  the decisions issued by NFSA.  
  The Supplement of the Egyptian Official Gazette (Al -Waqae Al -Misriyya) – Issue No. 285 
)supplement  ( (a) on December 19, 2021  
(Article 2)  
Scope  
1. This Decision shall appl y to imported  food consignments subject to NFSA/BOD  
Decision No. (7) of the Year 2020 after completing customs procedures in 
accordance with the applicable regulations in the following cases:  
a) Imported food consignments to which  the orange channel  is assigned , and that 
are selected according to the risk -based sampling and inspection system to 
verify compliance  as part of the random sampling conducted at the customs 
point of entry ; 
b) Imported food consignments to which the red channel is assigned according to 
the risk -based sa mpling and inspection system to verify mandatory compliance , 
including sampling conducted at the customs point of entry . 
2. This Decision may not appl y to the importer breach ing the obligation in respect  of 
any other food consignment transported and stored under temporary release within 
the 12 months preceding the delivery of the consignment required to be transported 
under temporary release, or in case  a final court ruling has been  issued in respect 
thereof,  a food consignment is not re -export ed, or the non -compliant consignment 
is not  destroy ed as decided by NFSA.  
(Article 3)  
The Importer ’s Obligations  to the Imported Food Consignments Subject to 
Temporary Release  
It is prohibited to handle imported food consignments subject to temporary release 
before NFSA decides the compliance  thereof. The importer  or the legal representative 
thereof  shall comply with all the rules, procedures, controls and requirements set by 
NFSA, and in particular:  
a) Provide all information and documents related to the imported food consignment, 
including documents issued by the competent authority or inspection and 
conformity bodies, or other documents proving that the consignment complies with  
food quality and safet y requirements if  so requested by NFSA ; 
  The Supplement of the Egyptian Official Gazette (Al -Waqae Al -Misriyya) – Issue No. 285 
)supplement  ( (a) on December 19, 2021  
b) Not to conceal  information or data , or provide incorrect information or data, 
particularly related to the food storage facility  and operators thereof, the storage 
conditions and/or the handling of imported food consignments during the period 
such consignments are subject to compliance verification conducted by NFSA in 
accordance with the provisions of temporary release specified in this Decision, or 
any decisions or rules issued by NFSA ; 
c) Give  an undertaking to be fully responsible for the imported food consignment 
during the transportation and storage thereof , and not to break seals , as well as to 
keep all parts of the consignment intact , or not to dispose of during the holding  
period , pending  the release  of the final results ; 
d) Transport and store the imported food consignments by means and methods that 
ensure the safety and quality , and not to dispose of consignments or any part 
thereof ; 
e) Store the imported food consignments in facilities  suitable for the nature of the 
imported  consignment (dry, chilled, frozen), having a food handling license and 
meeting the technical regulations issued by NFSA in this regard;  
f) Notify NFSA of any changes to  the food storage facility  that may affect the fitness  
of the food consignment for human consumption while being subject to te mporary 
release before issuing the compliance  decision, and taking the appropriate decision  
by NFSA ; 
g) Ensure that  storage capacity of the food storage facility  to which the imported  food 
consignment is transported  is sufficient to accommodate such consignment 
transported thereto ; 
h) Use the available technological means and techniques determined by NFSA in 
controlling transport and storage operations during the holding   period ; 
  The Supplement of the Egyptian Official Gazette (Al -Waqae Al -Misriyya) – Issue No. 285 
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i) If the importer stores imported food consignments in third parties’ warehouses , and  
such consignments are subject to the provisions of temporary release, the operator 
of warehouse wherein  the consignment  is stored  shall undertake to be fully 
responsible for the storage controls issued by NFSA , and not to dispose of 
consignments or part thereof , whether to the importer of the imported food 
consignments or to third parties unless  the compliance  decision is issued by NFSA;  
j) Allow NFSA to take samples from the imported food consignment for the purposes 
of compliance  verification  in accordance with the food safety and quality 
requirements, and to monitor the holding ; 
k) Apply the rules, procedures, and requirements issued by NFSA in respect of  
imported food consignments , implement NFSA’s decisions regarding the 
destruction (in case of non -compliance ) or re -export  of consignment s, and notify 
NFSA of what has been conducted in this regard;  
l) Pay the fees and charges  for services, costs and logistical arrangements related to 
the imported food consignments, including all procedures for verifying compliance 
with food safety and qual ity requirements issued by NFSA; and  
m) Store the imported food consignments  in such a way that such consignments are 
physically separated  from any food consignments of the same type to be stored 
within the food storage facility . 
(Article 4)  
NFSA shall set and apply  the rules, procedures, controls , and requirements in respect 
of the temporary release provisions, and in particular:  
a) Verify that the food consignment subject to temporary release complies with food 
safety and quality requirements in accordance with the risk -based principles ; 
  The Supplement of the Egyptian Official Gazette (Al -Waqae Al -Misriyya) – Issue No. 285 
)supplement  ( (a) on December 19, 2021  
b) Notify the importer of the compliance  verification scope  of the food consignment 
subject to temporary release, including the sampling and inspection requirements, 
and required laboratory tests;  
c) Draw up a n official record for  the imported food consignment  being  held; 
d) Take the procedures to monitor the transportation, storage  and holding  of the 
imported food consignments subject to temporary release, inspect such 
consignments , and verify the presence of  all varieties  and quantities  as well as the 
compliance with the storage requirements and conditions issued by NFSA in 
particular  the appropriate storage  temperature;   
e) Notify the party concerned of the inspection results of  the imported food 
consignment; release the imported food c onsignment if it is  proven that  such 
consignment complies with the food safety requirements and conditions issued by 
NFSA ; and notify  the competent customs  office  to make a final release of the 
consignment ; and 
f) In the event of non -compliance , apply the provisions set forth in Article 5, Item (e) 
of this Decision , and when determining the extent of compliance  of the imported 
food consignments subject to temporary release, consider all the infor mation 
provided by the importer  in particular  the results of laboratory tests to verify 
compliance  according to specific citeria  based on risks identified by NFSA.  
(Arti cle 5) 
(Temporary Release  Procedures  of Imported Food Consignment s) 
a) The importer or the legal representative thereof shall transport and store the 
imported food consignments subject to temporary release within 72 hours of 
passing the documentary and visual inspection s. The importer may store  an 
imported food consignment in side the customs area in  accordance with the 
requirements and decisions issued by the Egyptian Customs Authority  in this regard 
pending the release  of the final inspection  result , issuance of COC , and the 
fulfillment of the provisions set forth in Article 3 of this Decision.  
b) NFSA’s office  at the port from which the imported food consignment is transported 
shall:  
- Take representative samples from the imported food consignment  in 
accordance with a risk-based sampling and inspection system  issued by 
NFSA to verify compliance  as part of random or mandatory sampling ; 
- Notify the competent customs  office  of the decision in respect of  the 
temporary release of the imported food consignment outside the customs 
area , and that the f inal release of the consignment may not be granted unless  
being  notified of the results of the final inspection  stating the compliance of 
the consignment;  
- Take all undertaking s from t he party concerned  or the legal representative  
thereof  not to break  seals , or to keep all parts of the consignment intact ; 
record  the plate numbers , drivers’ names , and identity cards ; use lead -seal, The Supplement of the Egyptian Official Gazette (Al -Waqae Al -Misriyya) – Issue No. 285 
)supplement  ( (a) on December 19, 2021  
and stamp  with the seal of the NFSA’s inspectors at the port from which the 
food consignment is transported , and t he signer of the undertaking  shall  
assume liability in event  of violations;  
- Notify NFSA’s office  in whose area  the food storage facility , to which the 
imported food consignment is transported , is located of all the data to take 
the procedures for transporting, storing and receiving the consignment , 
ensur e that the food safety requirements and controls are met in respect of  
the means of transportation, the food storage facility , and the imported food 
consignment  pending  the release of final results, monitor  the arrival of the 
consignment as well as  all the procedures taken in respect thereof, and take 
all legal procedures in the event of  any problem or violation; and  
- Transport imported food consignments by appropriate means depending on  
the nature of the imported food, e.g., the frozen foods  shall be transported 
by deep -freez e trucks  at least ( -18 °C), and i n all cases, the trucks shall be 
sealed and stamped with the seal of NFSA’s inspectors at the port, and plate  
numbers and drivers’ names  shall  also be recorded . 
c) NFSA’s office  in whose area the food storage facility , to which the imported food 
consignment is transported , is located shall:  
- Follow up the holding   procedures with NFSA ’s office  at the port from which the 
food consignment is transported, receive the food consignment , verify the 
presence of all varieties  and quantities subject to the provisions of temporary 
release , and that such varieties and quantities  match  the attached documen ts, 
ensure the integrity of the seals before breaking them by NFSA’s office , verify 
the storage  conditions of the food consignment, in particular: the appropriate 
temperature based  on the NFSA ’s requirements  for the purposes of compliance 
verification in accordance with the food safety and quality requirements , and 
draw up  holding   record of the imported food consignment pending  the receipt of  
a compliance notification  from NFSA.  
d) NFSA shall release the imported food consignment if proven to be in 
compliance  with the food safety requirements and conditions, and shall notify the 
competent customs  office . 
e)  Upon receiving  notification of rejection of the imported food consignment, the 
following shall be taken into account:  
- If the imported food consignment is inside the customs area,  the competent 
customs office shall be notified thereof in order to take the necessary action 
towards the re-export or destruction of rejected consignment s in accordance with 
the regulating provisions in this regard.  
- If the imported food consignment is stored outside the customs area, NFSA’s 
office  supervis ing the storage of the held consignment shall be notified  thereof , 
and the importer shall t ransport the imported food consignment to the port from 
which such consignment will be re-export ed within a period of fourteen working 
days from the date of being notified of the final results, and upon the request of The Supplement of the Egyptian Official Gazette (Al -Waqae Al -Misriyya) – Issue No. 285 
)supplement  ( (a) on December 19, 2021  
the importer unless such consignment is destroyed  under the supervision of NFSA 
and the representative of the Customs Authority.  
- NFSA’s office  in whose  area the imported food consignment is stored , the port 
of arrival, and the port from which the consignme nt will be re -exported shall be 
notified of all the data of the consignment intended to be re -exported, when  a re-
export request is submitted by the party concerned . 
- NFSA’s office  at the port to which the imported food consignment is transported, 
and from which the consignment will be re -exported shall be notified  thereof  in 
order to receive the consignment, break  seals , ensure that  all varieties , quantities, 
weight and number s of consignments match the consignment documents , and 
complete  re-export procedures, and in the event of  a shortage in quantities, legal 
actions  shall be taken against the importer.   
- Both the port of arrival and the storage destination shall receive a  copy of the  re-
export  bill of  lading.  
f) The importer ha s the right to file a grievance before NFSA against any decision of 
non-compliance , and NFSA may consider and decide on the grievance,  as the case 
may be.  
(Article 6) 
(Dealing with Non-Compliant Imported Food Consignments)  
NFSA shall determine the mechanisms for dealing with the imported food consignments  
proven not to comply with food safety and quality requirements issued by NFSA, may use 
risk-based assessment methodology , and shal l issue the decision s in proportion to the 
severity of non -compliance . 
Food consignments may not be permitted to be handled in the Arab R epublic of Egypt if 
proven to pose a threat to the health of the consumer, and in this case the importer shall 
deal with the non -compliant consignment, whether by destruction  or re-export  as decided 
by NFSA.  
(Article 7) 
(The Failure of the Importer to Fulfil l the Obligations to the Food Consignments 
Subject to Temporary Release ) 
In case the  importer fails to comply with  the requirements of temporary release in 
accordance with the provisions of this Decision, and violates all the undertakings  of being 
fully responsible  for the consignment, in particular breaking  seals , not keeping all parts of 
the consignment intact , or disposing of before the final results  are released , NFSA shall 
take the appropriate measures in respect of  the consignment subject to tempora ry release, 
and the importer shall incur  all related costs within a period not exceeding fourteen 
working days from the issuance of NFSA’s decision or notification of the Prosecution.  
(Article 8) The Supplement of the Egyptian Official Gazette (Al -Waqae Al -Misriyya) – Issue No. 285 
)supplement  ( (a) on December 19, 2021  
(Suspension or Revocation of  Import Food License ) 
1. NFSA shall suspend an import food license, in the event  of violating the provisions 
of this Decision  for a period not exceeding one year from the date of the issuance 
of NFSA’s decision based on the severity of the violation , take legal actions , and 
apply the administrative measures as deemed appropriate  by NFSA , in particular in 
the event of :  
a) Failure to implement the decisions of the Grievance Committee to conduct  
visual or technical treatment according to the period determined by NFSA ;  
b) Absence of the importer in order to complete the import procedures after the 
release of the final results of rejection within a period exceeding one month 
from the date of approval of the final results ; 
c) Violation of the procedures, controls, conditions and rules issued by NFSA in 
respect of  the transport ation, storage and the holding  of the imported  food 
consignment;  and 
d) Importer’s failure to implement the decisions issued by NFSA in respect of the 
re-export or destruction according to the period determined by NFSA.  
2. NFSA shall revoke the  food import license, in case of violating the provisions of 
this Decision, take  legal actions , and apply the administrative measures as deem ed 
appropriate  by NFSA , in particular in the event of:  
a) Importer’s failure to pay NFSA’s dues of  fees and  services charges , costs or 
logistical arrangements related to the imported food consignment , including 
all procedures to verify compliance with the food safety and quality 
requirements issued NFSA;  
b) Absence of the held food consignment transported outside  the customs area in  
the place of storage stated in the storage capacity letter and the transport ation  
and storage declaration signed by the importer and in which the storage address 
is recorded, when monitoring  the consignment transported outside the cust oms 
area whether  when  a product is subject to treatment  or resampling or release;  
c) The importer changing part of the contents of the consignment by repacking 
the consignment in containers that are different from the imported original  
containers  released fro m customs to be held  by NFSA ; 
d)  The importer not keeping all  parts of the imported food consignment subject 
to the provisions of this Decision  intact or disposing  thereof ; and  
e)   Deliberately destroying, circumventing , tampering  with or disrupting the 
available technological means and techniques determined NFSA  to be used in 
controlling the transport ation  and stor age of  the imported food consignment 
subject to the provisions of this Decision.  
3. NFSA shall revoke the  importer’s license, in case of recurrence of the violations 
specified in the text of Paragraph 1 of th e present  Article  as decided by  NFSA in The Supplement of the Egyptian Official Gazette (Al -Waqae Al -Misriyya) – Issue No. 285 
)supplement  ( (a) on December 19, 2021  
this regard , and in accordance with the facts presented in the cases of violation s 
attributed to the importer.  
 4 . Suspension and revocation  decisions  may, in accordan ce with the provisions of 
the present A rticle, not be issued except after  the importer to whom the violation 
is attributed is notified  via NFSA’s e-mail registered or via one of the electronic 
means determined by NFSA, to submit the importer’s defenses within fifteen 
days from the date of being notified, and this is deemed to b e an official 
notification  provided that a committee shall be formed by a decision of the 
Chairman of BOD  to determine the extent of the importer's responsibility in the 
violations attributed there to. 
(Article 9) 
 This Decision shall be published in the Supplement of the Official Gazette (Al -Waqae 
AlMisriyya) , and shall enter into force on the day following date of publication. The 
provisions of Article 3, Item “ h” shall come into force after six months from the date of 
publication of this Decision. BOD  may renew the period for similar periods.  
Any provision contrary to the provisions of this Decision shall be repealed . 
 
Dated: 19/12/2021  
Chairman of the Board of Directors  
Prof. Dr. Hussein Mansour