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Regulations 13 and 14 of the Food Safety and Standards (Import) Regulations, 2017: the officers who clear imports and the no objection certificate, provisional NOC and non-conformance report

The Authorised Officer issues a no objection certificate in Form 3 after assessing the safety of the food, under his seal and signature. The NOC has a validity of thirty days of...

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Last updated: October 2026Verified against: Government sources

Regulation 13 lets FSSAI notify the officers for food import clearance and lists 22 powers and duties of the Authorised Officer, from receiving applications to issuing the no objection certificate or the non-conformance report. Regulation 14 deals with those orders: the NOC in Form 3, its thirty-day validity, the non-conformance report in Form 4, and mandatory destruction in Form 5.

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.

Regulation 13(1): the officers

The Food Safety and Standards Authority of India shall notify the officers for the purpose of food import clearance to ensure compliance with the Act, and it may also notify officers from other government agencies to maintain the standard operating procedure for food import clearance. "Authorised Officer" is defined in regulation 2; see our article on the definitions.

Regulation 13(2): powers and duties of the Authorised Officer

The 22 clauses, (a) to (v), group as follows.

GroupClauses (summary of the printed words)
Receiving and inspecting(a) receive applications for food import clearance; (b) make inquiry and inspection to verify the import does not contravene the Act, rules and regulations; (c) refuse inspection and intimate customs if articles are misclassified as food based on end use declaration; (d) ensure compliance with all conditions in regulation 6
Sampling(e) take photographs of the consignment; (f) draw samples if the regulation 6 conditions are complied with; (g) collect an additional sample on payment of the invoice value; (h) re-seal any package opened for sampling and certify it; (i) forward samples to a food analyst of a notified laboratory and receive the report; (j) order additional tests based on visual inspection, risk potential and the Authority's instructions
Reporting and records(k) inform the Authority of any new variety of food or ingredients, previously unknown hazards or technical difficulties; (l) maintain records of imports, inspection, sampling, action taken and review within the assigned customs ports, including photographs and audio-videography; (m) report to the Licensing Authority any violation of licence conditions
Disposal(n) recommend destruction or re-export with conditions and ensure compliance
Laboratories(o) inform the laboratory immediately on receipt of advance notice of arrival under Pre-Arrival Document Review; (p) ensure authorised laboratories follow specified procedures and perform all testing parameters; (q) ensure they maintain records of analysis in the specified format
Review and orders(r) present facts and documents before the Review Officer; (s) seek data from customs; (t) store remaining sample parts for re-analysis at the referral laboratory on appeal or application, or return them to the importer with acknowledgement after the NOC; (u) issue the no objection certificate or non-conformance report to customs and the importer; (v) other duties assigned by the Authority

Clause (g), an additional sample "on payment of invoice value of the articles of food", is the only payment the clause lists, and it is the invoice value itself, not a fee.

Regulation 14: orders by the Authorised Officer

14(1) to (4): the no objection certificate

14(1) The Authorised Officer shall issue a "no objection certificate" in Form 3, after assessing the safety of the food being imported, under his seal and signature, for allowing import of food, and communicate the order in a specified manner to customs and the Food Importer.

14(2) The NOC permitting import shall have the validity of thirty days of receipt of the NOC, within which the food has to be taken out by the Food Importer from the customs area. The Food Authority shall review the validity period for various types of food from time to time.

14(3) The Food Importer shall take effective steps to get the food released within the validity period, failing which it shall be deemed un-cleared articles of food. Regulation 2(1)(aa) defines "un-cleared" by a thirty-day test after receipt of the NOC.

14(4) A copy of the laboratory analysis report shall be forwarded to Customs and the Food Importer wherever the NOC is issued based on the laboratory report.

14(5) and (6): the non-conformance report

14(5) The Authorised Officer shall issue a non conformance report in Form 4 specifying the grounds mentioned in the regulations for refusal, wherever clearance is refused, under his seal and signature, and communicate it to customs, the Food Authority and the Food Importer.

14(6) A copy of the laboratory analysis report shall be forwarded to customs, the Food Authority and the Food Importer wherever the report is issued based on a non-conformance laboratory analysis report.

14(7) and (8): mandatory destruction

Based on the findings and recommendations in a non-conformance laboratory report and subsequent confirmation from the referral laboratory, if contamination or the presence of microbiological organisms is likely to pose a significant risk to public health, the Authorised Officer, with the prior approval of the Food Authority, shall pass the necessary orders for mandatory destruction of the food in Form 5. Customs shall provide a report to the Authorised Officer informing all pertinent details of the destruction, every quarter of the financial year.

The provisional NOC

A provisional no objection certificate appears in regulation 8(7) (an importer's warehouse treated as a custom bonded area), 9(3) (food with shelf-life of less than seven days) and 9(3a) (pre-packaged retail food). Those are covered in our article on storage and sampling. A provisional NOC allows movement to a storage facility; the NOC in regulation 14 is the order allowing import.

An invented example: Blue Mountain Beverages receives a no objection certificate on a consignment of packed juices. The certificate gives it thirty days of receipt to take the juices out of the customs area. If it does not, the consignment is deemed un-cleared. If instead the Authorised Officer refuses clearance, a non conformance report in Form 4 is issued to customs, the Food Authority and Blue Mountain.

Forms named in these regulations

FormWhere used
3no objection certificate, 14(1)
4non conformance report, 14(5)
5mandatory destruction order, 14(7)

The full list of Forms is in our article on regulations 16 and 17 and the Forms. A refused clearance can be taken to the Review Officer; see our article on review of an Authorised Officer's order.

Where this sits

The earlier article covers risk-based clearance and import prohibitions. For the practical steps at the port see clearance of imported food at the port and NOC.

Need help with a no objection certificate?

The thirty-day validity and the Form 4 route both depend on timing. Our FSSAI import licence service helps importers track the NOC period, plan the pick-up and respond if clearance is refused.

Key takeaways

  • FSSAI notifies the officers for import clearance; the Authorised Officer has 22 listed powers and duties.
  • The NOC is issued in Form 3 after assessing safety, and is valid for thirty days of receipt.
  • Food not taken out within the NOC validity is deemed un-cleared.
  • A refusal comes with a non conformance report in Form 4.
  • Mandatory destruction is ordered in Form 5 with prior approval of the Food Authority.

Read next

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.

Quick recapKey facts & short answers

Key Facts About NOC for

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes the entire process end to end for you.

Which Form is the no objection certificate?

Form 3.

How long is an NOC valid?

Thirty days of receipt of the NOC, subject to the Food Authority's review of the period for various types of food.

Importers answer for the product as if they had made it; know what you are bringing in.

— TaxClue Product Compliance Desk

NOC for: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

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Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

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Questions, answered

Short, direct answers to the 6 questions readers ask most on this topic.

Form 3.

Thirty days of receipt of the NOC, subject to the Food Authority's review of the period for various types of food.

The food is deemed to be un-cleared articles of food.

Form 4.

When contamination or microbiological organisms are likely to pose a significant risk to public health, on the laboratory findings and referral confirmation, with the Food Authority's prior approval, in Form 5.

Yes, on payment of the invoice value of the articles of food (13(2)(g)).