Imported Food explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Regulation 10 governs the laboratory side of import clearance. The Authorised Officer forwards the first part of the sample to a Food Analyst of a notified laboratory, the laboratory follows a set procedure and reports in Form 2 within five days, the importer may appeal within fifteen days of the non-conformance report, and hazardous food is destroyed or re-exported within thirty days of direction.
This article reads the text as amended up to 27 October 2025 (FSSAI Compendium Version VII dated 06.11.2025). FSSAI compendia are reference consolidations and the Gazette text prevails. Later notifications should be checked on fssai.gov.in.
The first part of the sample goes to a Food Analyst of a laboratory notified under section 43(1) of the Act. The notified or referral laboratory shall provide the analysis report in Form 2 within five days from the date of receipt of the sample, an importer may appeal against the result within fifteen days of receipt of the non-conformance report, and food found hazardous is destroyed or re-exported by the importer within thirty days of the Food Authority's direction, failing which the importer's licence is deemed cancelled. Two substitutions, in 10(4)(b) and 10(5), are marked in the compendium as coming into force on 1st May, 2026. Importers and laboratories are affected. For clearance support see FSSAI import licence help.
10(1) to (3): who analyses and fees
10(1) The sample forwarded by the Authorised Officer shall be analysed by laboratories notified by the Food Authority.
10(2) The fees payable for analysis by a referral or notified laboratory shall be as specified by the Food Authority from time to time. No amount is printed in the Regulations and none is stated here.
10(3) The Authorised Officer shall forward the first part of the sample for laboratory analysis to a Food Analyst of a laboratory notified under section 43(1) of the Act and the Laboratory and Sample Analysis Regulations, 2011. The laboratories are described in our article on definitions and referral laboratories.
10(4): the laboratory's procedure
- (a) Preliminary inspection. On receipt, the notified or referral laboratory shall immediately conduct a preliminary inspection to ascertain whether all the information required for testing is available and whether the quantity is sufficient, and shall immediately inform the Authorised Officer of any deficiency.
- (b) Test methods. The laboratory shall comply with the test methods specified by the Food Authority on the tests and equipment for different categories of food. A proviso says where no method is specified, the laboratory complies with the specifications of the Codex Alimentarius Commission, the International Organisation for Standardisation or the Director General Health Services, Ministry of Health and Family Welfare.
- (c) New tests. The laboratory shall bring to the Food Authority's notice any new test, method or equipment it seeks to use, and shall not begin using it unless permitted.
Substituted clause (b), from 1 May 2026
The compendium prints a substitution of clause (b) (footnote 5, the notification of 27 October 2025) with the note "This amendment shall come into force on 1st May, 2026". The substituted clause says the manuals of the method of analysis, as amended or adopted by the Authority from time to time, shall be used for analysing the samples of food articles. If the method for any parameter is not in these manuals, the Food Laboratory may adopt a validated method of analysis prescribed by AOAC / ISO / Pearson's / Jacob / IUPAC / Food Chemicals CODEX / BIS / Codex Alimentarius / Woodmen / Winton-Winton / Joslyn or any other internationally recognized regulatory agencies. That date has passed, so the substituted wording is the current text of 10(4)(b), and the compendium, dated 06.11.2025, prints both versions.
10(5): the report
The notified or referral laboratory 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. The compendium also prints a substitution, in force from 1st May, 2026 by the same note, so that the report is "duly signed by its Food Analyst or Director, as the case may be". The five-day period is unchanged.
The Laboratory and Sample Analysis Amendment Regulations, 2026 add a separate import timeline in the new regulation 2.6.2 from 1 April 2027: the notified or referral laboratory shall provide the report within five days from the date of receipt of the sample, in the format in these Import Regulations. Our article on rapid test kits, methods and timelines covers it.
10(6) to (10): appeal and second sample
| Sub-reg. | Rule as printed |
|---|---|
| (6) | an importer may file an appeal against the result of the notified laboratory within fifteen days of receipt of the non-conformance report |
| (7) | on appeal, the Authorised Officer forwards the second sample to the specified referral laboratory notified under section 43(2) of the Act and the Laboratory and Sample Analysis Regulations, 2011 |
| (8) | if analysis reveals contaminants or microbiological organisms that may pose a serious hazard to consumer safety and health, the Food Analyst informs the Authorised Officer for suitable action |
| (9) | if the Authorised Officer has sufficient reason to believe the consignment poses a serious hazard, he shall suo motu refer the second sample to the referral laboratory for retesting to confirm the notified laboratory's findings |
| (10) | the retesting under (9) shall be immediately brought to the notice of the Food Authority by the Authorised Officer |
An invented example: Silverline Traders receives a non-conformance report on imported jam after a notified laboratory result. Under 10(6) it may appeal within fifteen days of receiving that report, and under 10(7) the Authorised Officer sends the second sample to the referral laboratory.
10(11): destruction or re-export
Samples found hazardous shall be destroyed by a specified procedure following biohazard guidelines. All the imported food to which 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 importer's licence shall be deemed to have been cancelled. The thirty days run from the direction.
The periods on one screen
| Step | Period as printed |
|---|---|
| Laboratory report in Form 2 (10(5)) | within five days from the date of receipt of the sample |
| Importer's appeal (10(6)) | within fifteen days of receipt of the non-conformance report |
| Destruction or re-export (10(11)) | within thirty days of the Food Authority's direction |
Where this fits
Sampling is in regulations 8 and 9, and the risk-based framework follows in regulations 11 and 12. The right to a second analysis for domestic samples is in the FSS Rules, summarised in our post on the right to analysis and appeal. For the Act's penalty section for import contraventions see section 67.
Need help with a failed import sample?
A non-conformance report starts a fifteen-day appeal clock. Our FSSAI import licence service helps importers read the laboratory report, plan the appeal and manage the consignment while the matter is open.
Key takeaways
- The first part of the sample goes to a Food Analyst of a laboratory notified under section 43(1).
- Report in Form 2 within five days; appeal within fifteen days of the non-conformance report.
- The second sample goes to the referral laboratory on appeal, or suo motu if a serious hazard is suspected.
- Hazardous consignments are destroyed or re-exported within thirty days of direction, failing which the licence is deemed cancelled.
- The substituted 10(4)(b) and 10(5) apply from 1 May 2026.
Read next
- Regulations 8 and 9: storage and sampling of imported food
- Regulations 11 and 12: risk-based clearance and import prohibitions
- Regulation 2.4 to 2.6: rapid test kits, methods and timelines
- Importing food into India: FSSAI requirements
Disclaimer: Based on the FSSAI regulations named above as consolidated in FSSAI's compendium versions or as published in the Gazette, with the later notifications the article names (consulted on fssai.gov.in on 2-3 October 2026). Later notifications and the Food Safety and Standards Act, 2006 provisions referred to should be checked. This article is general information, not legal advice; check the official text before acting.