Rejected Imported 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 16 says how a rejected consignment and its samples are dealt with after a non-conformance report. Regulation 17 covers uncleared and unclaimed food, which goes through the same inspection, sampling and testing before a no objection certificate or non-conformance report is issued. The compendium then prints Chapter XIV on foreign food manufacturing facilities (regulation 18) and Forms 1 to 17.
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.
On receipt of the non-conformance report, the Custodian or importer disposes of the consignment under the Customs Act, 1962, but not until the period for filing a review application is over. The Authorised Officer retains the remaining parts of the sample in safe custody for thirty days after a non-conformance report, and keeps the second part until a pending review application or legal proceeding is disposed of. Uncleared and unclaimed food follows the regulations' procedure of inspection, sampling, testing and clearance. Importers, Custodians and customs agencies are affected. For help with a rejected consignment see FSSAI import licence support.
Regulation 16: rejection of imported food consignments
| Sub-reg. | Rule as printed (summary) |
|---|---|
| 16(1)(a) | on receipt of the non-conformance report, the Custodian or importer shall dispose of the consignment in accordance with the Customs Act, 1962; no consignment is disposed of until the period of limitation for filing a review application is over; storage costs and expenses are borne by the Food Importer |
| 16(1)(b) | the Authorised Officer shall return the remaining sample to the Food Importer or Custom House Agent with acknowledgement within ten days from the date of issue of the no objection certificate |
| 16(1)(c) | if the importer fails to collect the remaining parts of the sample, the Authorised Officer disposes of it in the manner specified by the Food Authority |
| 16(1)(d) | on receipt of a non-conformance report, the remaining parts of the sample are not released and are retained in the safe custody of the Authorised Officer for thirty days; if a review application or any legal processing is pending, the second part stays with the Authorised Officer until it is disposed of |
| 16(1)(e) | if no review is filed and the sample may pose a risk to public health, it is disposed of as provided in regulation 14(7) |
| 16(1)(f) | if no review application is filed within the specified period from receipt of the non-conformance report, or the review is disallowed, the Authorised Officer may dispose of the remaining part of the sample in the manner specified by the Food Authority |
Two points stand out. The disposal of the consignment itself follows the Customs Act, and the waiting period is the review period; that is fifteen working days under regulation 15, covered in our article on review of an Authorised Officer's order. And storage costs fall on the importer.
An invented example: Sunbeam Foods receives a non-conformance report on a consignment of dried fruit. The Custodian may not dispose of the consignment until the review period is over, and any storage costs are Sunbeam's. If Sunbeam files a review application, the second part of the sample stays with the Authorised Officer until the review is disposed of. If it files nothing and the sample poses no public-health risk, the remaining part may be disposed of as the Food Authority specifies.
Regulation 17: uncleared and unclaimed food
17(1) The Authorised Officer shall follow the procedure of inspection, sampling, testing and clearance laid down in these regulations for disposal of all cases of uncleared or unclaimed food.
17(2) On a request by the Custodian, after ensuring that the requisite fee has been paid, the Authorised Officer shall issue either a no objection certificate or a non-conformance report after assessing the safety of the uncleared or unclaimed consignment based on inspection and laboratory analysis.
Regulation 2 defines "unclaimed" (no claimant or bill of entry, or both, up to thirty days after unloading) and "un-cleared" (delivery not taken within thirty days on receipt of the NOC); see our article on the definitions. The fee is "requisite"; no amount is printed.
Chapter XIV: foreign food manufacturing facilities (regulation 18)
Chapter XIV was inserted by the notification of 3 November 2021 (footnote 3). It is outside the heading of this article but within the same range of the compendium, and it matters to exporters to India.
- 18(1) The Food Authority may from time to time, based on risk, specify categories of food products intended for export to India for further regulating control. Foreign facilities in such categories desirous of exporting to India shall register with the Food Authority before exporting, and may apply directly or through an authorised representative in Form 16 with the documents in Annexure-1 and the fee specified by the Food Authority.
- 18(2) If the application is incomplete or more information is needed, the Food Authority advises the applicant to furnish it within thirty days from the notice; failing that, the application stands rejected. On a complete application the Authority may process it for inspection if required, issuance of registration or rejection.
- 18(3) Facilities may be inspected as the Authority specifies; no inspection is required for categories covered under the mandatory Bureau of Indian Standards Certification Mark Scheme where the scheme's inspection includes the requirements of Schedule 4 of the Licensing and Registration Regulations, 2011. Facilities may also be inspected after registration. Officials of FSSAI and relevant bodies or a recognised auditing agency are nominated for inspection, and the Authority may prescribe the cost of inspection, borne by the facility.
- 18(4) A compliant facility is registered for a period of two years, with the registration number communicated in Form 17. A non-compliant facility's application is rejected, and it may apply again after remedial action. Renewal is in Form 16, not later than thirty days prior to the expiry date indicated in the registration.
- 18(5) A facility or its products found not in compliance have their registration suspended or cancelled, though the Authority may review after giving an opportunity for hearing or clarification.
The Schedule 4 hygiene requirements are dealt with in our post on Schedule 4, Part 1 of the Licensing Regulations.
The Forms, by number and purpose (headings only)
| Form | Reference printed in the Form | Heading or purpose |
|---|---|---|
| 1 | regulation 5(5) | Visual Inspection Format |
| 2 | regulation 10(5) | Report of Laboratory Analysis |
| 3 | regulation 14(1) | No Objection Certificate |
| 4 | regulation 14(5) | Non-Conformance Report |
| 5 | regulation 14(7) | Mandatory Destruction Order |
| 6 | regulation 15(2)(a) | Review Application to the Review Officer |
| 7 | regulation 7(1) | declaration for personal consumption (regulation 7(2)) |
| 8 | regulation 7(2) | for imported food consignment meant for hundred per cent export or re-export |
| 9 | regulation 7(5) | research and development declaration |
| 10 | regulation 7(5) | exhibition declaration (regulation 7(6)(a)) |
| 11 | regulation 7(6) | for imported food consignment meant for sports events |
| 12 | regulation 8(3) | declaration regarding issue of provisional NOC for frozen and chilled imported food consignment |
| 13 | regulation 9(3) | declaration regarding provisional NOC for imported food with less than 07 days' shelf life |
| 14 | regulation 9(10) | for consignments with bulk packages and a representative sample: declaration and undertaking by importer |
| 15 | regulation 9(11) | for consignments with bulk packages and no representative sample: declaration and undertaking by importer |
| 16 | regulation 18 | application for registration or renewal of registration of foreign food manufacturing facilities |
| 17 | regulation 18(4)(a) | registration or renewal of registration of foreign food manufacturing facilities |
Annexure-1 lists the documents to be enclosed with the application for registration or renewal. Where a Form's printed cross-reference differs from the regulation text that calls for it, the regulation text is followed here, for example regulation 7(2) for Form 7, 7(5) and 7(6) for Forms 9 and 10 and 8(7) for Form 12.
The amendment history in one line
The compendium's Note lists five amending notifications after the principal notification of 9 March 2017: 7 February 2018, 20 October 2020, 3 November 2021, 14 February 2022 and 27 October 2025.
Where this sits
The orders that start these steps are in regulations 13 and 14. The first article of the series, on definitions, maps every Chapter. For a general overview see importing food into India: FSSAI requirements.
Need help with a rejected or stranded consignment?
A rejected, uncleared or unclaimed consignment brings storage costs and short review periods together. Our FSSAI import licence service helps importers decide between review, re-export and disposal, and keep the paperwork in order.
Key takeaways
- Rejected consignments are disposed of under the Customs Act, 1962, not before the review period ends; storage costs are the importer's.
- The second part of the sample stays with the Authorised Officer while a review or legal proceeding is pending; otherwise remaining parts are retained for thirty days after the non-conformance report.
- Uncleared and unclaimed food follows the same inspection, sampling, testing and clearance route.
- Chapter XIV requires foreign facilities in specified categories to register, for two years, before exporting to India.
- Seventeen Forms support the process.
Read next
- Regulation 15: review of Authorised Officer orders
- Regulations 13 and 14: authorised officers and the no objection certificate
- Regulations 1 and 2: definitions
- FSSAI compliance for food importers
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.