Who is an Authorised Officer? 

FAQs of Food Import Clearance Process for importers Authorised Officer (AO) is appointed by CEO, FSSAI for the purpose of performing all the functions required for Food Import Clearance under section 25 of the Act. 

What are the pre-requisites for importing food into India?

  • Import-Export Code from DGFT and Import License from FSSAI
  • Country Of Origin Certificate
  • Complete Certificate Of Analysis including safety parameters from country of origin (Mandatory for Proprietary Foods)
  • High Sea Sales Agreement
  • Bill of Lading mentioned in the Bill of Entry (BoE) for sea consignment
  • Ingredients list
  • Specimen copy of label
  • A declaration that BoE has not been referred on SW (Declaration is required to be on company letterhead.)
  • Examination Order
  • Transit country’s list if food articles have been transhipped
  • Invoice /Proforma Invoice
  • Packing List
  • Undertaking has to be given by importer for imported food consignment meant for
  • An issue of provisional NOC with less than 07 days shelf life.
  • Issue of provisional NOC for frozen & chilled imported food consignment
  • Display purpose in trade fair or exhibition.
  • Personal use
  • Research & Development purposes
  • Sports Events
  • Containing bulk packages but not having representative samples
  • Containing bulk packages and having representative samples
  • Food consignment meant 100% export and re-export

How can an importer import the food articles?

  • Bill of Entry (BOE) is filed at Customs ICE GATE on the Single Window Interface for Facilitating Trade (SWIFT). SWIFT works on risk-based sampling system called Risk Management System (RMS).
  • RMS scrutinizes the application and if sampling is required, the BOE is referred to the FSSAI online Food Import Clearance System (FICS).
  • CHA/Importer needs to be registered on FICS
  • FSSAI accepts the BOE and may ask for further details from CHA/Importer
  • If all the relevant information is provided, Authorized Officer fixes an appointment for inspection of the consignment. Only two opportunities are provided to the CHA/Importer to confirm the appointment.
  • On visual inspection, if everything is found satisfactory including labeling and packaging requirements, two samples are drawn from the consignment and if not found satisfactory AO rejects the consignment by issuing Non-Conforming Report.
  • If the food consignment passes visual inspection, samples are sent to FSSAI Notified Food Laboratory and if found conforming then-No Objection Certificate (NOC) is generated and if samples do not conform then Non-Conforming Report (NCR) is generated, rejecting the clearance of food consignment.
  • If Importer disagrees with the finding of the laboratory report, he may apply for re-testing at the referral laboratory. The outcome of test result will determine the fate of consignment. The importer may present the review application to the Review Officer (Director, Imports) along with the required documents at the FSSAI Headquarter.
  • The order passed by the Review Officer can be challenged before the CEO, FSSAI, whose decision thereon will be final

What is the validity period of Import license?

Under Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations 2011, a license is valid, unless otherwise specified, for a period of 1 to 5 years. The FBO chooses the period and the license is subject to remittance of the fee applicable for the period and compliance with all conditions of the license.

Are importers required to file annual returns?

Yes, the Food Importer shall file Annual returns as prescribed under FSS (Licensing and Registration of Food Businesses) Regulation, 2011.

Where can Importers find the list of banned/ restricted products in India?

The list of banned/ restricted product in India is provided by DGFT. Besides these the FSSAI may prohibit/ restrict the import of any article of food based on risk perception or outbreaks of disease, etc. and issue orders as deemed fit in this regard. The FSSAI may also issue guidelines to ensure the safety and wholesomeness of food imported into India. Customs will immediately be informed of any such prohibitions and restrictions. 

What are the labeling requirements of imported food Items?

Labeling requirements of imported food Items are mentioned under Food Safety and Standards (Packaging and Labelling) Regulations, 2011, re-operationalized draft

Food Safety and Standards (Food Import) Regulations, 2017 and guidelines (only labeling requirement part) dated 23.03.2012 and 09.08.2016 issued by FSSAI. 

What are the rectifiable labeling deficiencies?

For imported packaged food consignments rectification is permitted at the custom bound warehouse, where a single non-detachable sticker or any other non-detachable method is allowed to be affixed next to the principal display panel for the following

  • Name and address of the importer
  • FSSAI Logo and license number
  • Non-Veg or Veg Logo

What is SWIFT?

Single Window Interface for Facilitating Trade (SWIFT) is a system provided by the Customs to the importer and Custom House Agent to apply for all import clearances.

What is Risk-based random sampling?

It means the activity of drawing samples randomly based on the risk criteria identified and the compliance history of the importer.

In which language is labeling particulars to be declared?

English or Hindi in Devanagari script.

What is Shelf life?

Shelf life means the period between the date of manufacture and the “Best Before” or “Date of expiry” whichever is earlier as printed on the label.

What is Balance Shelf life?

Balance shelf-life means the period between the date of import (Import General Manifest) and “Best Before” or “Date of expiry” as the case maybe.

What is the shelf-life requirement for imported food?

Remaining shelf life must not be less than 60% at the time of clearance from the customs as per re-operationalized draft Food Safety and Standards (Food Import) Regulations, 2017.

How many samples are collected per product during the inspection?

Two are drawn per product.

What is the mode of payment of sampling charges for imported food consignment?

Online payment is accepted by FSSAIs’ Authorised Officers.

What are the charges for testing imported food sample payable to a lab?

  • 12000 per sample for foods for infant nutrition, infant milk food, infant formula, milk cereal-based complementary foods, processed cereal-based complementary foods and packaged drinking water and mineral water.
  • 5000/ for all other food categories

Under what circumstances is a rejection report generated on visual inspection and without drawing sample?

On visual inspection when the AO finds that there is non-compliance of labels under Food Safety and Standards (Packaging and Labelling) Regulations, 2011 then the AO can issue a rejection report to Customs Authorities therein stating the reason(s) for refusing the drawing of samples from the imported food consignment.

What information must be given on the label of the sample to be sent to a laboratory for analysis?

The sealed sample of imported food shall bear the following information on the label:

  • The code number of the sample
  • date and place of collection
  • Quantity of sample
  • name of articles of food and category as per Food Safety and Standards (Food Product Standards and Food Additives) Regulations
  • name and quantity of preservative added while drawing the sample if any
  • name and signature of the Food Importer or his Custom House Agent
  • name and signature of the sender with the official seal

Note: One of the sealed and labeled food samples shall be sent to the notified Laboratory. The second food sample shall be stored in appropriate conditions for re-testing if the need arises.

Can one sample be drawn out of the commingled bulk cargo of pulses, other cereals, and oils allowed?

Yes, it is allowed.

  • If the cargo is homogeneous in nature and identity with multiple importers but one exporter, sampling/ testing may be done once for the entire vessel and made applicable to all importers. Sampling will be undertaken from the consignment with first Bill of Entry forwarded by SWIFT However, individual importers may be asked to obtain NOC/NCC according to Bill of entry.
  • The analysis report of the sample at the first port of discharge shall also remain valid at other ports of discharge provided the FSSAI, AO re-seals the remaining cargo at the first port of discharge. The AO at the next port of discharge would ensure that the sailing time between the ports of discharge is not unreasonable and that the seal is intact before issuing the NOC for the remaining cargo. 

Can an Importer modify the end-use declaration after applying for clearance?

No, the end-use declaration cannot be modified.

When is FSSAI, NOC exempted for imported food?

FSSAI NOC is exempted on submitting an undertaking on imported food meant for

  • personal consumption
  • Display Purpose in Trade Fair/Exhibition
  • Research & Development purposes
  • Sports Events
  • 100% Export and Re-export 

When can provisional NOCs be granted to an imported food consignment?

Provisional NOC can be granted for imported foods which have

  • The shelf life of fewer than seven days
  • The requirement for special storage conditions

Provisional NOC is granted without waiting for the analysis report from lab on the basis of undertaking from the Importer as prescribed by FSSAI.

Is cleaning and sorting at Customs Bonded warehouse allowed to improve the quality of food grains including pulse consignments?

Yes, it is allowed on request of the importer so as to improve the quality of imported food grain by removing foreign matter, mineral matter and damaged grains. The condition is that cleaning /sorting of the food grains will be carried out strictly under the supervision of Customs in customs bonded area. NOC will be given by the AO FSSAI, if the sample of the improved product is found to be conforming to the standards prescribed under FSS (Food Product Standards and Food Additives) Regulation, 2011.

Can an Importer get a refund of the fee paid for sampling if samples are not drawn?

Yes, refund is given if sampling is not carried out.

To which laboratories are the imported food samples sent for analysis?

Samples are sent to FSSAI’s notified NABL accredited laboratories.

If the sample is found non-conforming with FSS Standards by the primary laboratory can samples importer apply for re-testing?

Yes, re-testing is permitted.

To which laboratories are the samples sent for re-testing by FSSAI?

Re-testing samples are sent to Referral laboratories as notified by FSSAI.

Can the Importer collect duplicate samples after obtaining NOC?

Yes this is permitted. 

Do importers get copies of sample tests reports whether granted NOC or NCC?

Yes

Are duty-free shops at airports outside the scope of FSSAI?

Yes

Is the import of nutraceuticals/ health supplements allowed in India?

Import of nutraceuticals/ health supplements as per Order ZF.No.l-5/ Nutraceuticals / FSSAI-2003 dated 06.01.2017 is allowed.

Is there any need for Importer or their representatives to visit the FSSAI Office?

No, it is not required.

Where can the importer clarify doubts pertaining to procedure of importing food in India?

Clarification pertaining to import procedure can be obtained at six FSSAI offices in Delhi, Mumbai, Chennai, Kolkata, Tuticorin and Cochin and FSSAI HQ at Delhi.