Food Safety and Standards (Import) Regulations, 2017
Chapter – I
Preliminary1.

Short title and commencement. - (1) These regulations may be called the
Food Safety and Standards (Import) Regulations, 2017.
(2) They shall come into force from the date of their publication in the official
Gazette.

2.

Definitions.- (1) In these regulations unless the context otherwise requires,(a)“Act” means the Food Safety and Standards Act, 2006 (34 of 2006);(b)“Authorised Officer” means a person appointed as such by the Chief
Executive Officer of the Food Safety and Standards Authority of India byan order for the purpose of performing functions under section 25 of the
Act;

(c)

“Balance shelf-life” means the period between the date of import (Import
General Manifest) and “Best Before” or “Date of expiry” as the case may be;(d)“Bill of entry” means the bill of entry filed by the Importer under theprovisions of section 46 of the Customs Act, 1962 (52 of 1962);(e)“Custodian” means an officer appointed by Commissioner of Customs
under whose custody the imported goods shall remain until they arecleared from the customs area for home consumption or are ware housedor are trans shipped as provided by law.

(f)

“Customs airport” means any airport appointed under clause (a) ofsection 7 of the Customs Act, 1962 (52 of 1962);(g)“Customs area” means the area of a customs station and includes any area
in which imported goods or export goods are ordinarily kept before
clearance by customs authorities;(h)“Custom House Agent” shall have the meaning assigned to it in clause (c)of section 2 of the Custom House Agent Regulations, 2004;(i)"Customs port" means any port appointed under clause (a) of section 7of the Customs Act, 1962 (52 of 1962) to be a customs port and includes
a place appointed under clause (aa) of that section to be an inland
container depot;(j)“fees” means the charges specified by the food authority for clearance ofimported food consignments;(k)“Food Analyst” means a person appointed under section 45 of the Act toanalyse the food sample;

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(l)“Food Importer” means a Food Business Operator importing or desirousof importing article of food into Indian territory, who is duly licensed asImporter under the Food Safety and Standards (Licensing and Registrationof Food Businesses) Regulations, 2011 made under the Act;(m) “import” means bringing into India any article of food by land, sea or air;(n)“non-conformance report” means a report issued to the customs
authorities and the food importer by the Authorised Officer, or any otherofficer specifically authorised for this purpose, by the food authority, for
non-compliance of the provisions of the Act and the rules and regulations
made thereunder, of the consignment of the Food Importer;(o)“No objection certificate” means a certificate issued to the customs
authorities and the food importer by the Authorised Officer, or any otherofficer specifically authorised for this purpose, by the Food Authority forcomplying with the provisions of the Act and the rules and regulations
made thereunder, of the consignment of the Food Importer;(p)“packing list” means the itemised list of articles of food giving thedescription, quantity and weight of each imported articles of food;(q)“pre-arrival document scrutiny” refers to the scrutiny of documents
submitted by the Food Importer to the Authorised Officer in advance,
before the actual arrival of the articles of food to facilitate faster clearanceof articles of food imported at the customs port;(r)“prohibited article of food” means that articles of food which has been
declared by the food authority from time to time as prohibited article offood and published on the website of the Food Authority;(s)“prohibited location or origin” means the particular locations for which
conditional or absolute restrictions are specified by the food authority on
its website for import of articles of food;(t)“review application fee” means the fee levied by the food authority
towards disposal of review application submitted by the Food Importer
against the order of Authorised Officer pertaining to clearance of Import ofarticles of food;(u)“Review Officer” means an officer authorised by the Chief Executive
Officer of the Food Authority for review of the orders of the Authorised
Officer;(v)“risk based random sampling” means the activity of drawing samples
randomly based on the risk criteria identified and the compliance historyof the importer;(w)“shelf life” means the period between the date of manufacture and the“Best Before” or “Date of expiry” whichever is earlier as printed on thelabel;

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(2)

(x)

“stuffing list” means a list of food items and its actual physicalarrangement inside the container or cartons or pallets or skids;(y)“Transit Country List” means the list of countries through which theimported articles of food transits before it reaches the Indian territory;(z)“unclaimed article of food” means an imported articles of foodconsignment not having a claimant or bill of entry or both upto thirty days
after unloading;(aa)“un-cleared article of food” means an imported articles of foodconsignment of which the delivery is not taken by the importer within the
period of thirty days on receipt of no objection certificate from the foodauthority;(ab)“visual inspection” means the process of inspection by the authorised
officer or an officer deputed by him for the purpose by which the physicalcondition of the food consignment, scrutiny of documents and complianceof packaging and labelling regulations are ascertained for the food safetycompliance prior to drawing of samples.

Words and expressions used herein and not defined but defined in the act shallhave the same meaning as assigned to them in the Act.
Chapter – II
Licensing of Food Importers

3. (1) No person shall import any article of food without an import license from theCentral Licensing Authority in accordance with the provisions of the Food Safety
and Standards (Licensing and Registration of Food Businesses) Regulations,
2011.
(2) 1[For the purposes of sub-regulation (1), the Food Importer shall register
himself with the Directorate General of Foreign Trade and possess valid ImportExport Code.]
4.

Suspension or cancellation of license. - (1) The Licensing Authority may cancel
or suspend food import license granted under regulation 3 for contravention of
the provisions of these regulations or the Food Safety and Standards (Licensing
and Registration of Food Businesses) Regulations, 2011.
(2) Notwithstanding anything contained in regulation 3, the Licensing Authority after
giving the Food Importer an opportunity to be heard, may cancel the Food Importlicense granted under any other regulations made under the Act, if the DesignatedOfficer or Authorised Officer or any officer Authorised by the Food Safety andStandards Authority of India have reasons to believe that,-

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(a)there is sufficient ground to believe that the Food Importer has
attempted to import unsafe articles of food, prohibited articles offood or articles of food from prohibited sources, directly or indirectly,
including re-channeling or re-packing;(b)

the Food Importer fails to comply with the conditions of the license,
these regulations, or the undertaking of intended end use.

(3)

The Food Importer shall inform the Central Licensing Authority and the
Authorised Officer of any suspension, revocation or cancellation of thecertificate of Importer-Exporter Code, granted in its favour by the Directorate
General of Foreign Trade not later than three working days from the date ofsuch order of suspension, revocation or cancellation.

(4)

When the certificate of Importer – Exporter code granted by the Director
General of Foreign Trade is suspended, revoked or cancelled, the import license
granted under the Food Safety and Standards (Licensing and Registration ofFood Businesses) Regulations, 2011 shall be deemed to have been cancelled.

(5)

The Licensing Authority may reconsider and issue license that has beencancelled by the Licensing Authority under the Act, as a consequence of thesuspension, revocation or cancellation of certificate of Importer-Exporter Code
granted by the Directorate General of Foreign Trade with previous license
number within seven days of an application made by the importer for a license
if- (a) the suspension, revocation or cancellation of the importers certificate ofImporter-Exporter Code granted by the Directorate General of Foreign Tradehas been withdrawn; or set aside;(b) or a fresh certificate of Importer-Exporter Code has been issued to the said
Importer by the Directorate General of Foreign Trade.

Chapter – III
Clearance of Imported Food by the Food Authority
5.

(1) Upon arrival of the food consignments at the port, the importer or Custom House
Agent shall file an Integrated Declaration Form as specified by the Customs 2[andshall pay non-refundable basic food import clearance fee as specified by Food
Authority from time to time.]
Amendment for insertion of highlighted words in sub-regulation (1) of Regulation 5 shall comein to force after final decision of Food Authority

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(2)The Form forwarded from Customs to the Food Import Clearance System of Food
Safety and Standards Authority of India shall be processed in the following
manner, namely: ―(a)(b)

the Authorised Officer shall scrutinise the Form and may seek
clarification if required;
upon satisfactory scrutiny, the applicant shall pay the fees as specified by
the Food Authority for scrutiny of documents, visual inspection anddrawing of sample;

Amendment for substitution of highlighted provision
2[(b)after satisfactory scrutiny, the Authorized Officer shall intimate the details ofdate and time of inspection to the Food Importer to facilitate the presence of theImporter or his Custom House Agent or authorized representative at the time andplace of inspection.][This amendment shall come in to force after final decision of Food Authority ](c)where a single bill of entry is made up of articles of food consignment
consisting of multiple categories of articles of food, inspection fee shall be
paid for each category of articles of food(d)the Food Authority shall specify and review the inspection fee from time totime
on receipt of the fees, the Authorised Officer shall intimate the details ofdate and time of inspection to the Food Importer to facilitate the presenceof the Food Importer or his Custom House Agent/ Authorised
representative at the time and place of inspection.

(e)Omission of highlighted clauses (c), (d) & (e) vide Amendment: F. No. 1-1275/FSSAI/Import/2015,
dated 20th October, 2020 shall come into force after final decision of Food Authority(3)

The Food Importer or his authorised representative shall remain present at thecustoms area at the appointed time to participate and facilitate visual inspection,
assist in drawing of samples, if required, assist in the import clearance
proceedings as instructed by the Authorised Officer or his representative andwitness proceeding, sealing of samples by the Authorised Officer or his
representative and affix his counter signatures on the sealed samples.

(4)

2[If the Food Importer or his Custom House Agent is not present to facilitate

inspection and sampling at the mutually agreed date and time, the Authorised
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Officer may grant one opportunity to reschedule the appointment for inspection
and sampling on request of Food Importer or his Custom House Agent.
(4) (a) In absence of Food Importer or his Custom House Agent during mutuallyagreed date and time, The Authorized Officer may refuse to grant further
appointment and may carry out inspection and sampling of food consignment:
Provided that on request of Food Importer or his Custom House Agent, any
further opportunity in this behalf may be granted by the official authorized byCEO, after levy of suitable fee on the Food Importer as may be specified by the
Authority from time to time.]

6.

(5)

The report of the visual inspection shall be submitted in FORM – 1.

1[(6)The custom shall not clear any article of food unless it has a valid shelf life of
not less than sixty per cent or three months before expiry whichever is less at
the time of import.]
Compliance with standards for packaging and labelling.- (1) No Food
Importer shall import articles of food that is not transported, or stored in
optimal storage conditions of temperature and hygiene, packaged and labeled
as per the regulations applicable to that particular article of food.

(2) Any consignment of food or multiple foods or food falling under different
categories packed in a single container or carton or pallet or skid, shall bepacked in such a manner that the Authorised Officer has easy access to all ofthem for inspection and sampling.
(3) If there is no proper stuffing list in respect of article of food, the Authorised
Officer shall direct the customs officer to issue an order for de-stuffing thecontainer and facilitate the de-stuffing, in order to facilitate inspection andsampling.
(4) In case of imported packaged food consignments, the following special
dispensation on labeling shall be allowed for the rectifiable labeling deficiencies
at the custom bound warehouse by affixing a single non detachable sticker or by
any other non detachable method next to the 2[principal display] panel namely:(a)
(b)
(c)
(d)
(e)

name and address of the importer;
Food Safety and Standards Authority of India’s Logo and license
number,Non-Veg or Veg Logo
Category or sub category along with generic name, natureand composition for proprietary food2[Any other labeling information as per instructions issued
by the Food Authority from time to time]

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(5) In respect of the rectifiable labelling deficiencies referred to in sub – regulation(4), the Authorised Officer may pass an order 2[during scrutiny stage or after
visual inspection] directing the Food Importer or his authorised agent to carryout the permissible labelling rectifications, within a specified time in thecustoms area without altering or masking the original label information in any
manner.
(6) On rectification by the Food Importer, the 2[Authorised Officer shall carry out
visual inspection or re-inspection] of the articles of food and if satisfied, draw
the sample, subject to all other conditions being fulfilled by the Food Importer.
(7) In case the Food Importer fails to rectify the permissible defects referred to in
sub – regulation (4), within the specified time, the Authorised Officer may passan order refusing clearance of such imported articles of food and issue a nonconformance report.
(8) If the Authorised Officer is satisfied that the Food Importer has complied withthe provisions of these regulations, the Authorised Officer or his
representatives shall draw two parts of food sample from the imported articles
of food in the customs area in the presence of Food Importer or his Custom
House Agent for testing the samples.
(9) If the food analyst seeks additional information on ingredients or on any otherparameters after receipt of the food sample, the Authorised Officer shall direct
the Food Importer to provide such information duly supported by documentary
evidence.
(10) The Authorised Officer shall reject the consignment not complying with theprovisions of Labeling and Packaging Regulations, 2011 at the visual inspection
and no sample shall be drawn from the consignment

Chapter – IV
Food Import Clearance for Specific Purposes
7.

(1) Nothing contained in these regulations shall apply to any person bringing in any
article of food for his personal use provided that the value of such article of foodshall not exceed the amount as allowed by custom from time to time.
(2) The person carrying the imported articles of food for personal consumption shallsubmit the declaration in FORM- 7.
(3) Unless otherwise specified, the customs authority need not to refer theimported articles of food to Food Authority for clearance if such articles of foodare meant for the following purpose, namely-

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a. export as per the extant instructions and export rejected or re- imported
articles of food meant for re-export of the Government ;
b.

4[the

articles of food or ingredients or additive imported by the
manufacturers or processors for their captive use or production of value
added products for hundred per cent exports; or the consignments of articles
of food or ingredients or additives imported by the firms or companies foruse of their sister concerns or wholly owned subsidiary companies, to be
used for hundred per cent export production subject to a defined relationshipagreement between the two entities in this behalf and accompanied with
Sanitary/Health Certificate issued by the Competent Authority of anexporting country];
1[Explanation 1.- For the purposes of clause (b) of 4[Sub- regulation (3)],the importer shall declare in FORM – 8 regarding the captive or end use of
the imported product to the Customs Department at the time of filing thebill of entry, declaring that the imported articles of food is meant to be usedby the importer for hundred per cent export or re-import of articles of foodfor export again as the case may be, and that no part thereof shall be
supplied for domestic consumption.]
Explanation 2.- The facility under clause (b) of 4[Sub- regulation (3)] shallnot be applicable in the case of trading entities, which do not import suchitems for their captive use in view of the problems associated withtraceability of the end-use of such items.

(4) The clearance of food imports shall be dealt in accordance with the provisionsof Vienna Convention on Consular Relations, 1963 (Article 50 of the Vienna
Convention on Consular Relations, 1963).
(5) The clearance of food import for the purposes of research and development may
be allowed subject to –(a) the import being undertaken by a licensed Food Importer;(b) declaration by the Food Importer in FORM – 9 to the effect that theimported articles of food shall be utilised for aforesaid purpose only;(c) not released into the domestic market or used for test marketing or
market research purposes.
(6)

There shall be following procedure for clearance of food imported for
exhibition purposes, namely:-

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(a) the exhibitor shall comply with the requirements, if any, specified by thecustom and the exhibitor shall declare this in FORM- 10;(b) The food importer shall also submit a copy of the Registration or License
or Food Safety certificate issued by the Authorised Agencies of thecountry of origin, in case the articles of food are proposed to be used fortasting purposes;(c) The food products, included in the list of prohibited items for import, of
the Directorate General of Foreign Trade, or specified by the Food
Authority from time to time, shall not be allowed to be imported for
exhibition or tasting purposes;(d) all products for exhibition shall bear an additional non-detachable label
or sticker stating: “For Exhibition purpose only” and “Not for sale”;(e) the food importer may be permitted to affix additional label in thecustom-bonded warehouse, if not already affixed;(f) The importing exhibitor shall maintain the bills of material―(i) of the items imported for exhibition;(ii) of the items consumed for tasting purposes or destroyed;(iii) of the items for re-export to the country of origin at the end of theexhibition, fair or event and shall be liable to submit such details
on demand by the Authorised Officer;(g) There shall be a placard shall be prominently displaying at the place of
exhibition of such food items stating ‘For Tasting Only’.
(h) The unconsumed portion of the articles of food, which have been opened
for tasting, shall be destroyed after the exhibition by the Food Importer as
per the procedure.
(i) The unopened and unconsumed articles of food shall be re-exported insecurely packed condition under intimation to the Authorised Officer by
the Food Importer.
(7) The Food Authority may allow the clearance of food imports from a foreigncountry, exclusively meant for consumption by the sportspersons of suchexporting country.
(8) The quantity of imported articles of food shall not exceed the bona fiderequirements for captive use or consumption by the persons concerned of suchexporting country for the duration of their stay or event, whichever is earlier andthe balance unconsumed articles of food shall be re-exported to its country ofVersion –VI (02.01.2024)

origin by the Authorised member of the delegation under intimation to the
Authorised Officer.
(9) The importer shall submit the declaration in FORM - 11 for clearance ofimported food consignment.
(10) The Food Importer or any person or entity concerned shall be debarred fromany concessions or facilities set out, in future, in addition to the consequences inaccordance with the provisions of the Act and the rules and regulations madethereunder, The case of contravention of any of the conditions stated in theseregulations(11) The quality or safety of imported articles of food shall be ensured throughsafety certificates issued by the competent authority of the donor country oragency, where any article of food is received gratis from other countries in caseof any disaster or emergency situations in any part of the country.

Chapter – V
Storage and Sampling of Imported Food
8.

Storage facilities for Imported Foods – (1) No consignment of food articles
shall be stored in a manner that one type of articles of food come in contact withother type of articles of food.
(2) The imported articles of food shall be stored in accordance with the specified
storage conditions in the custom warehouse before clearance, failing which,the concerned Authorised Officer may refuse to grant no objection certificate
for import clearance of the food consignment.
(3) The port authorities and custodian of freight stations shall ensure adequate andconducive storage infrastructure; meeting the safe storage of various types ofimported food consignments in the customs area till the imported articles offood is cleared by the custom authority.
(4) In case of imported article of food which requires special storage condition, theAuthorised Officer shall verify the true storage conditions required for theconsignment.
(5) The Authorised Officer shall confirm from the cargo operator or Custodian of
freight stations regarding the availability of desired special storage facilities atthe custom bonded area at the port or airport.
(6) In case of non – availability of storage facility, the Authorised Officer shallconfirm from the department of custom their no objection to treat importers
warehouse as custom bonded area.

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(7) For the purpose of sub-regulation (6), the Authorised Officer shall take anundertaking from the importer in FORM - 12, and issue provisional no objection
certificate to the importer to move the food consignment to a well-equippedstorage facility.
(8) In case of non-compliance of any of the provisions of regulation, the importer
shall not be eligible to avail any facility in future and also liable for otherappropriate actions as per the prevailing law.
(9) The Authorised Officer may issue a no objection certificate to the importer if heis satisfied on the basis of the analysis report conforming to standards.
(10) The importer or customs shall ensure sale only after clearance based on no
objection certificate.

9

Sampling of Imported Food in respect of imported article of food.(1) The Authorised Officer or his representative shall ensure compliance with theFood Safety and Standards (Labelling and Packaging) Regulations, 2011 andwith a valid balance shelf life in respect of imported article of food in thefollowing manner, namely:―
(a)
(b)

(c)
(2)

shall draw two parts of food sample of each description or measures(except for aseptic sealed packages);
forward to the food analyst such quantity of sample as specified under
the Food Safety and Standards (Laboratory and Sample Analysis)
Regulations, 2011;seal the samples;(a) If the imported articles of food is packed in a sealed bulk container by the
manufacturer in order to maintain aseptic or hygroscopic condition, which is
required to retain the character of the article of food, the manufacturer shallprovide two representative sealed samples from the same batch along with adeclaration by the manufacturer stating that the articles of food in the sealedcontainer match with the representative samples placed in the sample
containers.
(b) Where the representative sealed sample referred to in clause (a) with amanufacturer undertaking is not provided by the Food Importer, theAuthorised Officer is empowered to break open the seal and collect asample for lab analysis.
(c) The Authorised Officer may collect a representative sample from the sealedcontainer, for lab analysis, wherever the provided sealed representative
samples appear to be doubtful.

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(3)In respect of imported articles of food having shelf-life less than seven days, theapplicant shall declare the same in FORM - 13 allowing the Authorised Officer todraw sample and issue provisional no objection certificate to the customs,
without waiting for the analysis report from laboratory and on receipt of thereport analysis from the laboratory, the Authorised Officer shall communicate to
the customs along with no objection certificate if products conform to thestandard.
2[(3a) In case of imported pre-packaged retail food article, the Authorized Officer

after successful completion of visual inspection and sampling, may issue aprovisional no objection certificate to move the food consignment to a wellequipped storage facility.
(3b) For the purpose of sub-regulation (3a), the Authorized Officer shall take adeclaration from importer in Form ‘13 A’ and importer shall sell such prepackaged food article only after the issuance of no objection certificate by the
Authorized Officer.](4)

In case of non – conformance of the sample, the Authorised Officer shallimmediately inform the Importer or Custom Broker, to initiate recall of thatconsignment and submit a compliance report as specified in the Food Safety andStandards (Food Recall Procedure) Regulations, 2017.

(5) The Food Authority shall alert all import points to maintain vigil on imports ofproducts manufactured by the same company or similar products imported by
the same importer or Custom Brokers.
(6) The sealed sample of imported articles of food shall bear the following
information on the Label, namely:a. code number of the sample;
b. date and place of collection;c. quantity of sample;
d. name of articles of food and category as per the Food Safety and Standards(Food Product Standards and Food Additives) Regulations-2011.
e. name and quantity of preservative added while drawing the sample, if any;
f. name and signature of the Food Importer or his Custom House Agent and;g. name and signature of the sender with official seal.
(7) The Authorised Officer shall forward one part of the sealed and labelled articles
of food to the Food Analyst who shall analyse or cause to be analysed by a notified
laboratory under regulation 2.1 of the Food Safety and Standards (Laboratory
and Sample Analysis) Regulations, 2011.
(8) The remaining parts of the food sample after forwarding one part of the sealed
and labelled articles of food referred to in sub – regulation 7, shall be stored inappropriate conditions by the Authorised Officer or his authorised
representative.
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(9) On the sample being found to be safe, the remaining sample shall be returned to
the food importer.
(10) If the sample found to be unsafe, on request received from Food Importer, thesecond sample may be forwarded to the Referral Laboratory for analysis.
(11) The rejected export consignments by foreign countries that have been returned
to India as the country of origin shall be subject to these regulations except thatthe packaging and labelling requirements shall be in accordance with thecountry of export and the importer shall submit rejection documents of thecountry of export.
(12) The Food Analyst shall analyse or cause to be analysed by a notified laboratory
an article of food forwarded by the Authorised Officer as per the parametersspecified in the Act and the regulations made thereunder and shall forward his
report within five days to the Authorised Officer whether the product is
conforming or non-conforming.
Provided that proprietary foods, shall be tested for as per general safety
requirements for contaminants, toxins, residues and microorganism, laid downby the Food Safety and Standards Regulation, 2011, wherever applicable,
depending on the nature of product.
The Certificate of analysis, submitted by the importer, shall be sent with thesample. The COA should be referred while undertaking the requisite tests for
quality parameters.
(13) If the sample cannot be tested by the laboratory within the specified time it shallstate the reasons for the same in writing to the Authorised Officer. The foodanalyst shall forward the report of analysis to the Authorized Officer duly signed
by him.

Chapter – VI
Laboratory – Analysis of Samples of Imported Articles of Food
10.

Food Analysis. - (1) The sample of imported articles of food forwarded by the
Authorised Officer shall be caused to be analysed by the laboratories notified by
the Food Authority.
(2) The fees payable for analysis of imported articles of food by referral or notified
laboratory shall be as specified by the Food Authority from time to time.
(3) The Authorised Officer shall forward the first part of the sample of imported
article of food for laboratory analysis to a Food Analyst of a laboratory notified

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by the Food Authority under sub-section (1) of section 43 of the Act and Food
Safety and Standards (Laboratory and Sample Analysis) Regulations, 2011.
(4) The notified or referral laboratory shall follow the following procedure for foodanalysis, namely:(a)on receipt of the sample of food from the Authorised Officer, thenotified or referral laboratory shall immediately conduct a
preliminary inspection of the sample to ascertain whether all theinformation required for testing is available or on the sufficiency ofthe sample quantity, and if there is any deficiency, the laboratory
shall immediately inform the Authorised Officer of these
deficiencies;(b)

the notified or referral laboratory shall comply with the test
methods specified by the Food Authority with regard to the tests tobe performed and the equipment to be used, for testing samples ofdifferent categories of articles of food:Provided that in cases where the test method has not been specified
by the Food Authority, the notified or referral laboratory shall comply
with the specifications for testing that have been specified by the
Codex Alimentarius Commission or the International Organisation forStandardisation or Director General Health Services, Ministry of
Health and Family Welfare, Government of India;(c)the notified or referral laboratory shall bring to the notice of the Food
Authority any new test or method of testing that it may seek to
conduct on samples of any specific article of food, or any new
equipment that it may seek to use but shall not commence using thetest or method of testing or equipment unless so permitted by the
Food Authority.

(5) The notified laboratory or referral laboratory, as the case may be, shall provide
the laboratory analysis report duly signed by its Food Analyst in FORM - 2 within
five days from the date of receipt of the sample.
(6) An importer may file an appeal against the result of notified laboratory within
fifteen days of receipt of the non conformance report.
(7) Upon appeal by the Food Importer, the Authorised Officer shall forward thesecond sample of imported articles of food for laboratory analysis to the specified
referral laboratory notified by the Food Authority under sub-section (2) ofsection 43 of the Act and the Food Safety and Standards (Laboratory and Sample
Analysis) Regulations, 2011.

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(8) Whenever laboratory analysis of a food sample reveals presence of contaminants
and presence of microbiological organisms which may pose a serious hazard to
the safety and health of the consumer, the Food Analyst shall inform the same to
the Authorised Officer for initiating suitable action.
(9) In case the Authorised Officer has sufficient reason to believe that the imported
articles of food consignment poses a serious hazard to the safety and health ofthe consumer, he shall suo motu refer the second sample to the referrallaboratory for retesting to seek the confirmation of the findings of the notified
laboratory.
(10) The retesting referred to in sub – regulation (9) of regulation 10 shall be
immediately brought to the notice of the Food Authority by the Authorised
Officer.
(11) The samples, if found to be hazardous shall be destroyed by a specified
procedure following biohazard guidelines, and all the imported articles of food towhich the samples related, shall be destroyed or re-exported to the country of
manufacture or origin by the Food Importer within thirty days of being directed
to do so by the Food Authority, failing which, the Food Importers license shall bedeemed to have been cancelled.

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Chapter – VII
Scheme for Risk based Food Import Clearance
11.

Risk Based Framework.- (1) The Food Authority may review the risks
associated with articles of food imports from time to time and adopt a risk-based
framework and risk based inspection process for clearance of imported articles
of food.
(2) 1[For the purposes of sub-regulation (1),(a) the Food Safety and Standards Authority of India shall profile theImporter, custom house agent, manufacturer of the imported product,
imported product, country of origin, source country of the consignment,
port of entry, history of compliance and any other parameters as it deems
fit for assessing the risk associated with the commodity;(b) the importer shall submit certificate of sanitary export from authorised
agencies in exporting countries for the categories of food as may be
specified by the Food Authority from time to time.](3) Food Authority may specify the sampling frequency to be conducted for theimport of different categories of food products(4) The Food Authority may introduce Pre- Arrival Document Review for regulating
the imports.
(5) The Food Authority may in consultation with the concerned Ministry as it deems
fit may enter into a Memorandum of Agreement with relevant agencies inexporting countries on reciprocal basis to facilitate ease of doing business andaccelerated clearance of food imports from the countries referred to in sub –regulation (2).
(6) The Food Authority may identify laboratories in exporting countries for priortesting of food samples before the articles of food are imported into India.
(7) The Food Authority may, from time to time, issue food alert notifications,
including time bound prohibition on articles of food or prohibiting source orrecalls, based on the risk associated with the articles of food.
(8) Every importer shall submit a recall plan as per regulations on food recall
procedures specifying the detail of contingency plan of ensuring the traceabilityof the products in case of any eventuality of risk associated with the foodconsignments, and if he fails to do so, the license may be cancelled or suspended.

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(9) The food alert notification shall immediately be informed to the Risk
Management System of the customs department.
(10) The alert notification shall remain in force until the Food Authority is satisfied
that the risk is no longer prevailing or that control measures are in place toprevent the continuation of the risk and confirmed by test reports.
(11) During the pendency of alert notification, the Food Authority may order for
additional tests at the point of entry, mandatory certification from the exporting
countries or channelisation till such time as the Food Authority may deem fit.
(12) The Government agencies shall conduct post clearance surveillance of all foodimports including ―(a) random checks on the imported food items,(b) providing relevant documents to support the declarations andinformation provided by the importer or Custom House Agent to Customs
as specified by them.

Chapter – VIII
Prohibition and Restrictions on Imports of Article of Food
12.

Power of the Food Authority to issue orders for prohibition andrestriction on import of article of food. - (1) The Food Authority may prohibitor restrict import of any article of food based on risk perception or outbreak of
disease and issue orders as it deems fit in this regard.
(2) The Food Authority may issue order or advisory or guideline as it deems fit,from time to time for ensuring the safety and wholesomeness of articles of foodimported into India and such prohibitions and restrictions shall be informed tothe customs immediately.
(3) Every Food Importer to whom any order or direction is issued in pursuance ofany provisions of these regulations shall comply with such order or direction
and if the Food Importer fails to comply with such direction or order, the Food
Authority may cancel the import license issued to the Food Importer.
(4) The customs authorities, port authorities or any other agency involved in theclearance, rejection, auction or destruction of imported articles of food in thecustoms area shall provide all such statistics to the Food Authority on aquarterly basis.

Chapter – IX
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Officers of the Food Authority
13.

(1) The Food Safety and Standards Authority of India shall notify the officers for the
purpose of food import clearance to ensure compliance of the provisions of theAct, and it may also notify officers from other government agencies to maintainthe standard operating procedure for food import clearance.
(2) The Authorised Officer shall have the following powers and duties, namely:(a)to receive applications for food import clearance;(b)

to make such inquiry and inspection as may be necessary to verify that theimport of articles of food is not in contravention of any provision of theAct, rules and regulations made thereunder;(c)to refuse inspection and intimate the customs, if the articles of import are
misclassified as food based on end use declaration;(d)to ensure compliance of all the conditions specified in regulation 6;(e)

to take photographs of imported food consignment for review anddocumentation;(f)to draw samples for testing of the imported food, if all the conditions
specified in regulation 6 are complied with;(g)

to collect additional sample of imported articles of food on payment of
invoice value of the articles of food;(h)to re-seal any package opened for drawing of samples and certify that thesame had been opened and sealed;(i)to forward the samples to a food analyst of a notified laboratory in proper
manner for analysis and receive the report of the laboratory analysis;(j)

to order additional tests on the food sample of imported food based on
visual inspection, risk potential and instructions issued from time to timeby the Food Authority;(k)

to inform the Food Authority of any new variety of food or foodingredients, previously unknown hazards, or any other technicaldifficulties;(l)to maintain record of food imports, inspection, sampling and related
activities, action taken, review process within the jurisdiction of customs
ports assigned to him and such other duties assigned by the Food
Authority from time to time in writing and by photographs and audio videography;(m) to report to the concerned Licensing Authority of any violation of any
conditions of licensing by the Food Importer;

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(n)to recommend destruction or re-export of imported articles of food withnecessary conditions as he may deem fit and ensure compliance of the
same;

(o)

to inform the laboratory immediately on receipt of advance notice ofarrival from the importer under the Pre-Arrival Document Review of thearticles of food;(p)

to ensure that the laboratories authorised by the Food Authority comply
with all the specified procedures and perform all parameters of testing as
specified in the regulations or permissions accorded by the Food
Authority;(q)

to ensure that the laboratories authorised by the Food Authority shallmaintain records of laboratory analysis of the imported articles of food in
the format as specified by the Food Authority;(r)

to present all the related facts and documents before the Review Officer
during the review process;(s)

to seek data or information on imported articles of food consignment
from the customs authorities;(t)

to store the remaining parts of the food sample in appropriate conditions
for re-analysis at referral food laboratory on the basis of appeal orapplication received from the Food Importer or return to the Food
Importer with acknowledgement, after issue of no objection certificate;(u)

to issue no objection certificate or non-conformance report, as the casemay be, to the customs authorities and Food Importer;(v)

to carry out any other duties as may be assigned by Food Authority fromtime to time.

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Chapter – X
Orders by the Authorised Officer
14.

No Objection Certificate. — (1) The Authorised Officer shall issue a ‘noobjection certificate’ in FORM – 3, after assessing the safety of food being
imported under these regulations under his seal and signature for allowing
import of food, and shall communicate such order in a specified manner to thecustoms and the Food Importer.
(2) The no objection certificate permitting the import of food shall have the validityof thirty days of receipt of no objection certificate within which the articles offood have to be taken out by the Food Importer from the customs area and theperiod of validity of no objection certificate for various types of articles of foodshall be reviewed by the Food Authority from time to time.
(3) The Food Importer shall take effective steps to get the articles of food released
from the customs area within the period of validity stated in the no objection
certificate issued by the Authorised Officer failing which they shall be deemed to
be un- cleared articles of food.
(4) A copy of the report of the laboratory analysis shall be forwarded to the Customs
and the Food Importer, wherever the no objection certificate is issued based on
the report of the laboratory.
(5) The Authorised Officer shall issue a non conformance report in FORM – 4
specifying the grounds mentioned in these regulations for refusal, wherever theclearance of the imported food is refused, under his seal and signature, and shallcommunicate such order in a specified manner to the customs, Food Authority
and the Food Importer.
(6) A copy of the report of the laboratory analysis shall be forwarded to the customs,
Food Authority and Food Importer, wherever the report is issued based on a
non-conformance laboratory Analysis Report.
(7) Based on the findings and recommendations in non- conformance report of thelaboratory analysis and subsequent confirmation from the referral laboratory, if
contamination or presence of microbiological organisms is likely to pose asignificant risk to public health, the Authorised Officer, with the prior approval
the Food Authority shall pass necessary orders for mandatory destruction ofarticles of food in FORM- 5.
(8) The customs shall provide a report to the Authorised Officer informing all thepertinent details of the destruction and the same shall be provided every
quarter of the financial year.

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Chapter – XI
Review Process
15.

Reviewable orders. – (1) Any Food Importer, aggrieved by one or more of thefollowing orders of the Authorised Officer, may file a review application to the
Review Officer ―(a) rejecting the clearance of the imported articles of food for non-complianceof the conditions specified in regulation 6 of these Regulations;(b)any order directing the Food Importer to rectify the labeling of the articles
of food; and(c)order of rejection issued on receipt of a non-conformance report from Food
Analyst.

(2) (a) The review application shall be in FORM-6 and be accompanied bysuch fee as may be specified by the Food Authority from time to time;(b)

The review application shall be presented to the Review Officer along withthe required documents within fifteen working days from the date ofreceipt of the report of rejection;(c)

The Review Officer may admit a review application after the expiry of thesaid period for an extended period of seven working days, if he is satisfied
that the Food Importer had sufficient cause for not presenting it within that
period.

(3) (a) The Review Officer shall consider the facts and dispose of the review
application in accordance with the provisions of the Act, the rules andregulations made thereunder and orders or notifications issued by the Food
Authority from time to time;(b)

On receipt of the completed application for review along with all
documents, the Review Officer, if he deems fit may, fix the date, time andvenue of hearing the representation of the Food Importer;(c)

The Food Importer, either in person or by a representative, and the
Authorised Officer, either in person or through an authorised
representative, shall have the right to be heard at the hearing of the review
application;(d)

If either the Food Importer or the Authorised Officer or their authorized
representative fails to appear themselves at the hearing of the review
application, the Review officer may proceed to decide the review on
merits;Version –VI (02.01.2024)

(e)The Review Officer shall dispose of the review application 2[within a periodof ten working days], after filing of the review application by the Food
importer and the reply of the Authorised Officer thereof:
Provided that the Review Officer may allow submission of further evidenceor material, if he deems necessary and also forward a part of the sample foranalysis to the referral laboratory;(f)

The Review Officer may, before disposing off any review application, makesuch further enquiry as he may think fit or direct the Authorised Officer tomake such further enquiry and report the result of the same;(g)

The Review Officer may, at the time of hearing of the review application,
go into any ground not specified in the grounds for review, if the Review
Officer is satisfied that the omission of that ground was not willful or
unreasonable;(h)

The order of the Review Officer disposing off the review application shallbe in writing and shall state the points for determination, the decision
thereon and the reasons for such decision;(i)

On the disposal of the review application, the Review Officer shallcommunicate the order passed in the review application to the Food
Importer, customs and the Authorised Officer; and(j)

The food importer may file a second appeal against the order of the review
officer to the chief executive officer, food safety and standard authority ofIndia, within fifteen days from the date on which the review order isreceived.

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Chapter – XIIDISPOSAL OF REJECTED FOOD CONSIGNMENTS AND FOOD SAMPLES
16.

Rejection of imported food consignments. - (1) (a) On receipt of the nonconformance report, the Custodian or importer shall dispose of the imported
food consignment in accordance with the provisions of the Customs Act, 1962(52 of 1962):
Provided that the no food consignment shall be disposed off until the
period of limitation is over for filing of review application against the orderof the Authorised Officer:
Provided further that in cases of storage of articles of food, the cost andexpenses incurred in the storage of the articles of food, in such cases, shallbe borne by the Food Importer;(b)

The Authorised Officer shall return the remaining sample to the Food
Importer or his Custom House Agent with acknowledgement within aperiod of ten days from the date of issue of no objection certificate;(c)

If the Food Importer fails to collect the remaining parts of the sample,
Authorised Officer shall dispose of the sample in the manner specified by
the Food Authority;(d)

On receipt of non-conformance report, the remaining parts of the sample
shall not be released to the Food Importer or his Custom House Agent andthe same shall be retained in the safe custody of the Authorised Officer fora period of thirty days:
Provided that if any review application or any legal processing is filed by
the Food Importer against the non-conformance report and the same ispending, then the second part of the sample shall remain with the
Authorised Officer until the review application or any legal proceeding is
disposed of;(e)

In case, no review is filed and the sample may pose risk to the public healththe sample shall be disposed of as provided in sub – regulation (7) ofregulation 14; and(f)

If no review application is filed by the Food Importer within the specified
period, from the date of receipt of the non-conformance report or if thereview is disallowed, the Authorised Officer may dispose of the remaining
part of the sample in the manner specified by the Food Authority.

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Chapter – XIII
Treatment of Uncleared and Unclaimed Article of Food
17.

(1) The Authorised Officer shall follow the procedure of inspection, sampling,
testing and clearance laid down under these regulations, for disposal of all casesof uncleared or unclaimed articles of food.
(2) The Authorised Officer shall, on receipt of request made by the Custodian andafter ensuring that the requisite fee has been paid, issue either a no objection
certificate or non-conformance report after assessing the safety of uncleared or
unclaimed food consignment based on inspection and laboratory analysis.
3[Chapter - XIV

Registration and inspection of Foreign Food manufacturing facilities
18. (1) Registration of Foreign Food manufacturing facilities. - (a) The Food Authority
may from time to time based on the risk specify the categories of food products intended
for export to India for further regulating control as specified in these regulations.
(b) Foreign Food manufacturing facilities falling under such categories and desirous toexport such article of food to India shall register with the Food Authority before
exporting to India:(c) Foreign Food manufacturing facility either directly or through authorised
representative may apply for registration in “Form 16” of these regulations along with
documents specified in Annexure-1 and fee as specified by the Food Authority.
(2) Processing of application for Registration of Foreign Food manufacturing
facilities—(a) If upon scrutiny of the application Food Authority requires any
additional information with respect to an application or if the application is incomplete,
the Food Authority shall advise the applicant, to furnish such additional information orcomplete the application, as the case may be, within thirty days from such notice. In casethe applicant fails to furnish the required information within the stipulated time ofthirty days, the application for Registration of Foreign Food Manufacturing Facility shallstand rejected;(b) On receipt of a complete application including the additional information if asked
for, the Food Authority may process the application for inspection, if required or
issuance of registration or rejection of the application.
(3) Inspection of Foreign Food manufacturing facilities- (a) Foreign Food
manufacturing facility (ies) may be inspected, if required in a manner as specified by
Food Safety and Standards Authority of India: Provided that no inspection shall be
required in case of such categories of food that are covered under mandatory Bureau ofIndian Standards Certification Mark Scheme and where the Bureau of Indian Standards
scheme of inspection includes the requirements specified under Schedule 4 of the Food
Safety and Standards (Licensing and Registration of Food Businesses) Regulations,2011.
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(b) Foreign Food manufacturing facility may also be inspected after the issuance ofregistration, as deemed necessary;(c) Officials from FSSAI and relevant ministry or organization or department or
recognised auditing agency shall be nominated by the Food Authority for the purpose of
inspection of Foreign Food Manufacturing Facilities;(d) Food Authority, if required may prescribe cost of inspection, which shall be borneby the Foreign Food manufacturing facility.
(4) Issuance of registration. -(a) Foreign Food manufacturing facility found to be incompliance of Food Safety and Standards Act, rules and regulation made there-undershall be registered as Foreign Food manufacturing facilities for a period of two years
and their registration number shall be communicated in Form 17;(b) Foreign Food manufacturing facility found to not be in compliance of Food Safety
and Standards Act, rules and regulation made there-under, the application made forregistration shall be rejected;(c) Foreign Food manufacturing facility whose application is rejected, after taking
remedial action may apply for recognition again, and(d) Renewal of registration of Foreign Food manufacturing facility shall be made in Form
16, not later than thirty days prior to the expiry date indicated in the registration.
(5) Suspension or cancellation of registration. -(a) If Foreign Food manufacturing
facility or their food products intended for export to India are found not to be incompliance of Food Safety and Standards Act, rules and regulation made there-under,
their registration as Foreign Food manufacturing facilities shall be suspended orcancelled. However, Food Authority may review the same after giving opportunity forhearing or clarification, as deemed fit.]

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FORM – 1
[See regulation 5(5)]Visual Inspection Format
The seal on the container was inspected, it reads as ------------------- and the same wasfound to be intact.
The seal was broken by the Authorised Officer or his representatives in presence of thefollowing:
1.
2.
3.

BREAK OPEN SEAL FORMAT(Please tick the applicable)
Nothing was stored in the container.
The following were found stored, in the container:

1.
2.
3.

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The articles of food were stored in a clean and hygienic condition and were free of:1.

Living/dead/fragments of insect

2.

Rodent contamination

3.

Moulds4.

Unwanted odour taint or mustiness5.

Any other substance, which can influence the safety of the food.

The packaging material was inspected and the following was observed;
The package prima facie appeared to be compliant to the packaging and labelingrequirements as per the Food Safety and standard (Packaging and Labeling)
Regulations, 2011
The package of the food consignment was inspected and the following was observed:
1.

Size

2.

Material used3.

Securely packed and sealed

4.

Free from major dents, rust, perforation, seam distortion,leaks etc. Brief description of the package:

Photograph of the Label

Observation. –The Food consignment is in compliance with the provisions of the Food
Safety and Standards (Packaging and Labeling) Regulations, 2011. Food article was foundto be fit/not found fit for drawing sample and therefore the sample was drawn/not drawn.

SD/
Authorised Officer
The process has been carried out in the presence of all the signatories who have signed
the present memo in token of their acknowledgement of the correctness of theproceeding.
1.
2.

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FORM – 2
[See regulation 10(5)]REPORT OF LABORATORY ANALYSIS
Name of Laboratory Address

Test Certificate No:

Date:

Report of Laboratory Analysis
1. Sample Identification: Sample No:

2. Ref No:

3. Sample received from:

4. Sample Particulars: Brief description of sample material

5. Volume / Weight:

6. Sample received Date and Time : Time:on

7. Lot / Batch No:

8. Date of Manufacture:

9. Fee Received:

10. Lab Code No: code assigned by laboratory for its records(mmyyyy)Yes

A. Physical Examination
11. Type of Packaging:

12. Condition of Package:

13. Physical Appearance of sample :14. Labelling – Details sufficient

:

Yes

No

15. If condition of packaging or sample or details provided in the label is not acceptable, provide
reason:Version –VI (02.01.2024)

B. Laboratory Analysis
16. Analysis date of starting:Analysis date of completion:

Test results
S No:

Quality Parameters

Specified limit as
per FSSR/ as per
COA if notmentioned in FSSR

Test Results

Test method

Safety Parameters

C. Conclusion:
The sample conforms to the specifications laid down for all the parameters in the Act and therules and regulations made thereunder.
The sample does not conform to the specifications laid down in the Act and the rules andregulations made thereunder for the parameters.

Place

Signature

Date
Name and Seal and Designation

Version –VI (02.01.2024)

FORM – 3[See regulation 14 (1)]No Objection Certificate
No objection certificate No:

Date:

Port of Entry/Location: Import General Manifest No. and date:Bill of entry number and date:To,
The Assistant/Deputy Commissioner of Customs
Sir,

Product as per the bill of entry

Sample ID

Exporting country

Remarks: Conforming
Balance shelf life of the product, on the date of issue of this no objection certificate:This office has no objection if the above mentioned articles of food is released or cleared
from this port before Validity period of the no objection certificate, as the result of theinspection or analysis that the sample conform to the specifications provided under the
Food Safety and Standards Act 2006 (34 of 2006), and the rules and regulations madethereunder.
This is for your information and necessary action please.
Date:

Name/Signature with Seal of the Authorised Officer

Place:
Copy to:Name of the Importer and Import Export Code:
Address of Importer:
Food Safety and Standards Act License Number of the Importer:
Name of the Custom Brokers:

Enclosure: Report/ Certificate of Laboratory.

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FORM – 4
[See regulation 14(5)]Non – Conformance Report
Non conf No:

Date:

Port of Entry/Location: Import General Manifest No. and date:Bill of entry number and date:To,
The Assistant/Deputy Commissioner of Customs
Sir,

Product as per the bill of entry

Sample ID

Exporting country

The consignment is rejected on following grounds:
1. ….
2. ….
3. ….
This office is of the opinion that the consignment is not to be released or cleared fromthis port for the reasons mentioned above.
This is for your information and necessary action please.
Date:

Name/Signature with Seal of the Authorised Officer

Place:
Copy to:Name of the Importer and Import Export Code:
Address of Importer:
Food Safety and Standards Act License Number of the Importer:
Name of the Custom Brokers:

ENCL: Report/ Certificate of Laboratory.

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FORM - 5[See regulation 14(7)]Mandatory Destruction OrderFood Safety and Standards Authority of India Authorised Officer
To,

Date:

The Asst. Commissioner of Customs

Food Article imported by :Vessel Name:
Import General Manifest Number:BE:
Index No:
Custom Brokers License No:

Importer License No:
Dated:
Dated:
Custom Brokers Name:

Sir,
1. The above mentioned food consignment importedby
was inspected onby the Authorised Officials ofFood Safety and Standards Authority of India and samples have been analysed by the
Notified laboratory.
2. This office requests you to reject the clearance of import of this article of food and not
to release it from this port as the result of the inspection and analysis of the sampleof the articles of food does not conform to the specifications specified under the Food
Safety and Standards Act, 2006 (34 of 2006) and rules and regulations madethereunder.
3. Based on the findings and recommendation in Non-Conformance Laboratory Analysis
Report and subsequent confirmation from the Referral Laboratory, the contaminationand presence of microbiological organisms in the food sample is likely to pose asignificant risk to public health. The lab analysis reports are enclosed.
4. This office requests you to reject the clearance of import of this consignment and not torelease it from this port and recommends for mandatory destruction of the articles offood of this consignment owing to the significant risks to the Public Health.

This is for your information and necessary action please.

Copy of Lab Analysis Report attached

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Yours Faithfully,(Name and Seal of
Authorised Officer)

FORM - 6
[See regulation 15(2) (a)]Review Application to the Review Officer
Name and address of the petitioner:

Registration No. as Food Business Operator:
Importer’s License No.:
Date of Import:

Import Details
Bill of Entry No:

Point of import:

Name of Article of Food under consideration:
Type:

Product

Invoice Value of Articles of Food:
Yes/NoPerishable:

Balance Shelf life of the item:
End Usage:
Rejection Report Details
Date of Rejection Report sought to be reviewed:
passed by:(Authority)

Order(Place)2[Food Safety and Standards (Food Import) Regulation, 2017] under which the Rejection Report

was passed:

Relief claimed in appeal:Statement of Facts:
Grounds of Appeal
1.
2.
3.
Date: ………………..
……………….………….......…….
Place: ……………….

Signed(Appellant)

Form of verification
I, ...................................…………………., the petitioner herein/ the authorised representative of the petitioner
herein, do hereby declare that what is stated in the accompanying Form I dated ……………. is true to the best of
my knowledge, information and belief.

Place............
Date.............

Version –VI (02.01.2024)(Appellant)

FORM- 7[See regulation 7 (1)](For imported food consignment meant for Personal Use)

Declaration and undertaking by Importer
I/ We,
hereby declare and undertake that:, resident(s) ofdo1.

I/We have imported<Name of food>_ fromconsignment>
vide<Bill of Entry number><country of origin of
dated __;

2.

The above consignment ofwill be solely used for< Net weight or unit>

personal consumption;3.

No part of the aforementioned consignment will be sold/ released into thedomestic market in any manner;

4.

I am holding Passport Number
which is valid up to

issued from<name of the country>. (*Applicable in case of Foreigners/ NRIs

only).
5.

I shall be responsible and liable for any contravention of the Food Safety andStandard Act, 2006 and rules & regulations made there under.

I affirm that all information given above is true and correct to the best of my/ourknowledge and belief.

Signatures of the Importer with Stamp/ Seal
Name:
Place:

Address:

Date:

Contact Nos:

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FORM - 8
[See regulation 7 (2)](For imported food consignment meant for hundred per cent Export/ Re- export)

Declaration and undertaking by Importer(To be printed on FBO/Importer/Company’s letterhead)
I/We,[Proprietor/ Partner/ Managing Director/
Director / Authorised Signatory of M/S<with address>
do hereby declare and undertake that:
1.

I/We have imported the consignment of
measuring<Weight/ Units> fromvide
<Bill of entry<Port location>< Name of product><Country of origin of consignment>
number>
dated
at

;

2.

The aforementioned Food Product is intended solely for the captive use/ production of value
added products/ for use of our sister/ subsidiary companies (subject to a defined relationshipagreement between the two entities) for 100% exports/ re- export.

3.

I/We undertake that no part thereof will be supplied for domestic consumption.

Signatures of the Importer with Stamp/ Seal
Name:

Place:

Address:

Date:

Contact Nos:

Version –VI (02.01.2024)

1

FORM - 9[See regulation 7 (5)](For imported food consignment meant for Research and Development purposes)

Declaration and undertaking by Importer(To be printed on FBO/Importer/Company’s Letterhead)

I/We[as Proprietor/ Partner/ Managing

Director/ Director/ Authorised Signatory of M/Sand undertake that:<Name of food>_ vide __] do hereby declare

1.

I/We are the importerof origin of the consignment>

from<Country< Bill of Entry number> dated

2.

The above consignment is
be used solely for3.

The consignment will be exclusively used for Research and Development purposes forassuring the highest quality standards only and will not be utilized or released in thedomestic market for human consumption even if it is for test marketing or market
research purpose.

4.

I/We shall be fully responsible and liable for any contravention of Food Safety andStandard Act, 2006 (34 of 2006) and rules & regulations made there under.

<Net weight/ Quantity><purpose of consignment>_ and will.

I/We affirm that all information given above is true to the best of my/our knowledge
and belief.

Signatures of the Importer with Stamp/ Seal
Name:
Place:

Address:

Date:

Contact Nos:

Version –VI (02.01.2024)

FORM- 10[See regulation 7 (5)](For imported food consignment meant for Display Purpose in
Trade Fair/Exhibition)

Declaration and undertaking by Importer(To be printed on FBO/Importer/Company’s Letterhead)

I/We,[Proprietor/ Partner/ Managing Director/
Director/ Authorised Signatory of M/S<with address>
do hereby declare and undertake that:
1.

I/We have imported the consignment of
measuring<Weight/ Units> fromvide
<Bill of entry<Port location>< Name of product>_<Country of origin of consignment>
number>
dated
at

;

2.

The aforementioned Food Product is intended solely for the purpose of Display only in theTrade Fair/Exhibition_< mention the specific event>and not meant for any
other commercial purpose.

3.

The aforementioned food, apart from Display, is also intended to be used for the purposesof Tasting and I/we undertake that no part of the said product shall be released in the market
for consumption purposes in any other manner;

4.

I/We undertake that after conclusion of event, the opened packages of these articles will
be destroyed and the packed food will be re-exported to the country of origin;5.

I/We shall furnish the details of the total quantity of the consignment imported into India,
the quantity consumed in the process of Tasting, the quantity destroyed and the quantity
being re-exported to the competent authority in respect of the above said consignment after
the conclusion of the Trade fair/Exhibition.

Signatures of the Importer with Stamp/ Seal

Name:

Place:

Address:

Date:

Contact Nos:

Version –VI (02.01.2024)

FORM - 11
[See regulation 7 (6)](For imported food consignment meant for Sports Events)

Declaration and undertaking by Importer(To be printed on FBO/Importer/Company’s letterhead)

I/We,[Proprietor/ Partner/ Managing Director/
Director/ Authorised Signatory of M/S<with address>
do hereby declare and undertake that:
1. I/We havemeasuring
location>

imported the consignment of<Weight/ Units> fromvide
<Bill of entry number>< Name of product><Country of origin of consignment>
dated
at
<Port

;

2. I/We undertake that the aforementioned Food Product is intended solely for the Sports Events.

3. I/We undertake that the food shall not be released for sale to any other person.
4. I/We undertake that the unused food shall be re-exported to Exporting country after the
event or it shall be destroyed.
5. I/We undertake that I shall submit the documentary proof thereof within thirty days fromthe last day of event.
6. I/We undertake that the quantities of food imported is not more than the quantities necessary
for direct utilization by the persons concerned for the duration of the stay or event,whichever is earlier.

Signatures of the Importer with Stamp/ Seal
Name:

Place:

Address:

Date:

Contact Nos:

Version –VI (02.01.2024)

FORM -12[See Regulation 8(3)]Declaration regarding issue of provisional no objection certificate forfrozen and chilled imported food consignment(To be printed on the Letterhead of the FBO/Importer/Company)To
The Authorised Officer, FSSAI<Port of Import>.

Dear Sir,
I/We,

residentof[as

Proprietor/ Partner/ Managing Director/ Director/ Authorised Signatory of M/S
are importer of_<Name of Food Items>in the consignment imported vide
<Bill of Entry>
dated
you to issue provisional NOC for the same.

at<Port location>, request

I/We hereby undertake to comply with the following terms and conditions on behalf of theimporting firm/company as under: (i)The entire consignment under above mentioned Bill of Entry will be retained in a storage
facility with therequired temperature control system at<address of
warehouse>_and no part of the consignment shall be released into the market prior toissuance of the no
objection certificate;(ii)

Complete temperature log of the storage conditions shall be maintained and provided to Food
Safety and standard Authority of India at the time of issue of no objection certificate;(iii)

Both Customs and Food Safety and standard Authority of India have the right to inspect the saidstorage facility at any time to ensure that the consignment is held securely till the clearance
certificate is provided by Food Safety and standard Authority of India ;(iv)

In the event of non-conformance to the above storage conditions, I/We shall be fully responsible
to move the cargo back to Customs jurisdiction and comply with all the norms for destruction/
re-export as may be decided by the competent Authority;(v)

In case of non-compliance of any of the above norms, I/We will not be eligible to avail of theabove mentioned facility in future. Besides, I/We will be liable for contravention of the Food
Safety and standard Act, 2006 and rules & regulations made there under.

Signatures of the Importer with Stamp/ Seal

Name:

Place:

Address:

Date:

Contact Nos:

Version –VI (02.01.2024)

FORM - 13
[See regulation 9 (3)]Declaration regarding issue of provisional NOC for imported foodconsignment with less than 07 days’ shelf life
(To be printed on the Letterhead of the importing FBO/Importer/Company)To
The Authorised Officer, FSSAI<Port of Import>.

Dear Sir,
I/We,
Proprietor/, resident of[As

Partner/Managing Director/ Director/Authorised Signatory
Of M/s] are importer of<Name of food items>
having very
short shelf-life (less than 7 days) in the consignment imported vide
<Bill of Entry>
datedat<Port location>and request you to issue provisional NOC.
2.
I/We hereby undertake to comply with the following terms and conditions on behalf of theimporting firm/company as under:(i)

I/We shall be fully responsible for complete product recall in case of non-conformity of the
product after lab analysis and shall comply with all the norms for destruction/ re-export, as may
be decided by the competent Authority;(ii)

I/We do hereby certify that we have satisfactory food recall mechanism in place;(iii)

In case of failure of product in lab analysis, I/We shall not be eligible to avail of the above
mentioned facility in future and all subsequent imports of the product from the same
manufacturer of the same source country or certified by the same lab will be subject to stringent
100% analysis irrespective of certificate issued by the source country prior to clearance by
FSSAI Authorised Officer.

(iv)

In case of non-conformance of the product after lab analysis, I/We shall be liable for contraventionof the FSSA Act, 2006 and Rules & Regulations made there under.

Signatures of the Importer with Stamp/ Seal
Name:

Place:

Address:

Date:

Contact No.:

Version –VI (02.01.2024)

2[FORM -13A

[See regulation 9(3b)]Declaration regarding issue of provisional no objection certificate for imported
pre-packaged retail food consignment(To be printed on the Letterhead of the FBO/Importer/Company)To
The Authorised Officer, FSSAI<Port of Import>
Dear Sir,
I/We………………………… resident of…………………… [as Proprietor/ Partner/ Managing
Director/ Director/ Authorised Signatory] of M/s…………………………………...are importer
of……. <Name of Food Items>….. in the consignment imported vide ……<Bill ofEntry>……dated………….at ………..<Port location>……., request, you to issue provisional NOC
for the same.
I/We hereby undertake to comply with the following terms and conditions on behalf of
the importing firm/company as under: (i)The entire consignment under above mentioned Bill of Entry will be retained in astorage facility at …. <address of warehouse>……and no part of the consignment shallbe released into the market prior to issuance of no objection certificate;(ii)

Both Customs and Food Safety and Standards Authority of India have the right toinspect the said storage facility at any time to ensure that the consignment is held
securely till the no objection certificate is provided by Food Safety and Standards
Authority of India;(iii) In the event of non-compliance of any rules, regulations made under FSS Act, I/We
shall be fully responsible to move the cargo back to Customs jurisdiction and comply
with all the norms for destruction/ re-export as may be decided by the competent
Authority;(iv) In case of non-compliance of any of the above norms, I/We will not be eligible to availof the above mentioned facility in future. Besides, I/We will be liable for contraventionof the Food Safety and Standards Act, 2006 and rules & regulations made there under.

Place:
Date:

Version –VI (02.01.2024)

Signatures of theStamp/ Seal
Name:
Address:
Contact Nos:]

Importer with

FORM -14
[See regulation 9 (10)](For imported food consignment containing bulk packages and having representative sample)

Declaration and undertaking by Importer(To be printed on FBO/Importer/Company’s Letterhead)

I/We _________________________________ [as Proprietor/ Partner/ Managing Director/
Director/ Authorised Signatory of M/S…………………….. ] do hereby declare and undertake
that:
1.

I/We are importer of ________ <Name of food> ________ from ____________ < name of thecountry of origin of consignment> _________ vide ______ <Bill of Entry number> ______
dated __________________;

2.

The given consignment is aseptically packed and/or hygroscopic in nature and isaccompanied with representative sample;

3.

I/We hereby undertake that the representative samples provided with theconsignment is/ are true representative of the imported food product;

4.

I/We shall be fully responsible and liable for any contravention of FSSA Act, 2006
and Rules & Regulations made there under.
I/We affirm that all information given above is true and to the best of myknowledge and belief.

Signatures of the Importer with Stamp/ Seal
Name: ___________________________________________
Place: __________________

Address: _________________________________________

Date: ___________________

Contact Nos: ____________________________________

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FORM - 15
[See regulation 9 (11)](for imported food consignment containing bulk packages and not having representative
sample)Declaration and undertaking by Importer(To be printed on Letterhead of the FBO/Importer/Company)

I/We, _______________________________________ [as Proprietor/ Partner/ Managing
Director/ Director/ Authorised Signatory of M/S _____________________________], do hereby
declare and undertake that:
1.

I/We are importer of _______ <Name of food> _______ from ________<Country oforigin of consignment> ________ vide ______< Bill of Entry number> _____ dated____________;

2.

The given consignment is aseptically packed and/or hygroscopic in nature anddoes not contain any representative sample;

3.

Hence, the FSSAI will not be held responsible for any damage observed before orafter sampling of the given consignment;

4.

I/We shall be responsible and liable for any contravention of FSSA Act, 2006 andRules & Regulations made there under.

I/We affirm that all information given above is true and to the best of myknowledge and belief.
Signatures of the Importer with Stamp/ Seal
Name: ___________________________________________
Place: __________________

Address: _________________________________________

Date: ___________________

Contact Nos: ____________________________________

Version –VI (02.01.2024)

3[FORM – 16

[See regulation 18(1)(b)]Application

for

Registration/renewalof

RegistrationofForeignFood

manufacturing facilities
1. Name of the Company/Organisation.......................................................................................................
2. Registered Office Address.....................................................……………...……….…...................................
3. Address of Premise for which Registration is being applied……………………………………......
4. license/registration issued by concerned country’s government authority for food
manufacturing/processing facility.......................................................................................................
5. E-mail ....................................................................................................................................................................
6. Contact no............................................................................................................................................................
7. Product(s) name and description..............................................................................................................
8. All information and particulars furnished here by me are true and correct to the best of
my knowledge.
Date………….

Signatures and seal of authorized signatory

Place…………

Name and address…………………………

Annexure-1
List of documents to be enclosed with Application for Registration/renewal ofRegistration of Foreign Food manufacturing facilities: (1) license/registration or similar document issued by concerned country’s government
authority for food manufacturing/processing facility;(2) Consent of owner of Foreign Food manufacturing facility for inspection by Food Safety
and Standards Authority of India officials;(3) Detail composition of products;(4) Authorisation in favour of authorised representative (if applied through of authorized
representative).
(5) Any other documents/ information as may be required by the food Authority.

Version –VI (02.01.2024)

FORM – 17[See regulation 18(4)(a)]Registration/renewal of Registration of Foreign Food manufacturing facilities
1. Name of the Company/Organisation.......................................................................................................
2. Registered Office Address.............................................................................................................................
3. Address of authorised premise...................................................................................................................
4. Registration no..................................................................................................................................................
5. Product(s) name and description .............................................................................................................
Note: This must not be altered in any way. Intentional misuse of this will result incancellation without prior intimation.
Date………….
Place…………

Signatures of CEO, FSSAI/representative authorised by him
Name …………………….....................]

Note. - The principal regulations were published in the Gazette of India, Extraordinary
Part III, Section 4, vide notification number F. No. 1/2008/Import safety/FSSAI, dated 9th
March, 2017 and subsequently amended vide notifications numbers:
1. F. No. REG/11/25/Import amendment/FSSAI-2017, dated 7th February, 2018;
2. F. No. 1-1275/FSSAI/Import/2015, dated 20th October, 2020;
3. F. No. 4067/MOC-Trade/Reg-FSSAI/2017 (Part-1), dated 3rd November, 2021; and4. F. No. 1605/FSSAI/Import/2016(pt-2), dated 14th February, 2022.

Version –VI (02.01.2024)