Regulation 5 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 5 is the clearance step. When a food consignment arrives at the port, the importer or Custom House Agent files an Integrated Declaration Form, the Authorised Officer scrutinises it in the Food Import Clearance System, the importer attends the visual inspection and the drawing of samples, and the visual inspection report is made in Form 1. Sub-regulation (6) adds a shelf-life condition for customs clearance.
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 arrival, the importer or Custom House Agent files an Integrated Declaration Form as specified by Customs. The Authorised Officer scrutinises the Form, the Food Importer or his authorised representative must be present at the customs area at the appointed time for visual inspection and sampling, and customs shall not clear food that lacks a valid shelf life of not less than sixty per cent or three months before expiry, whichever is less, at the time of import. Three changes to sub-regulations (1) and (2) are printed in the compendium as coming into force only after a final decision of the Food Authority. Importers and Custom House Agents are affected. For licensing and clearance help see FSSAI import licence support.
Regulation 5(1): the Integrated Declaration Form
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. The compendium prints additional words after "Customs", shown with footnote 2: "and shall pay non-refundable basic food import clearance fee as specified by Food Authority from time to time". An italic note beneath says the amendment for insertion of the highlighted words in sub-regulation (1) of regulation 5 "shall come in to force after final decision of Food Authority".
So the added words are notified but not yet in force. The fee itself is "as specified by Food Authority from time to time"; no amount is printed in the Regulations and none is stated here.
Regulation 5(2): processing in the Food Import Clearance System
The Form forwarded from Customs to the Food Import Clearance System of FSSAI is processed as follows. The text prints two versions of clause (b) and three further clauses, with notes.
| Clause | Text as printed | Status |
|---|---|---|
| (a) | the Authorised Officer shall scrutinise the Form and may seek clarification if required | in force |
| (b), printed version | upon satisfactory scrutiny, the applicant shall pay the fees as specified by the Food Authority for scrutiny of documents, visual inspection and drawing of sample | the compendium notes an amendment for substitution of the highlighted provision |
| (b), substituted version | after satisfactory scrutiny, the Authorized Officer shall intimate the details of date and time of inspection to the Food Importer, to facilitate the presence of the Importer or his Custom House Agent or authorized representative at the time and place of inspection | the compendium says this amendment shall come into force after final decision of Food Authority |
| (c) | where a single bill of entry covers multiple categories of food, inspection fee shall be paid for each category | omission by the amendment of 20 October 2020 "shall come into force after final decision of Food Authority" |
| (d) | the Food Authority shall specify and review the inspection fee from time to time | same note |
| (e) | on receipt of the fees, the Authorised Officer shall intimate date and time of inspection to the Food Importer | same note |
In plain terms, as the compendium prints it, the printed clauses (b) to (e) stay in the text, with the notified substitution of (b) and omission of (c), (d) and (e) awaiting a final decision of the Food Authority. Check the Gazette and fssai.gov.in for the status before relying on either version.
Regulation 5(3): presence at the customs area
The Food Importer or his authorised representative shall remain present at the customs 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, and witness the proceeding and sealing of samples and affix his counter signatures on the sealed samples.
Regulation 5(4): absence of the importer
Inserted with footnote 2: if the Food Importer or his Custom House Agent is not present at the mutually agreed date and time, the Authorised Officer may grant one opportunity to reschedule the appointment on request. A further clause marked "(4)(a)" says that in absence at the mutually agreed date and time the Authorised Officer may refuse a further appointment and carry out inspection and sampling. A proviso says that on request any further opportunity may be granted by the official authorised by the CEO after levy of a suitable fee on the importer "as may be specified by the Authority from time to time".
Regulation 5(5): Form 1
The report of the visual inspection shall be submitted in Form 1. Our article on regulations 16 and 17 and the Forms lists the Forms by heading.
Regulation 5(6): shelf-life condition
Inserted by the notification of 7 February 2018 (footnote 1): the customs 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. Shelf life is defined in regulation 2; see our article on the definitions.
The clearance steps in the printed order
| Step | Who | What the text says |
|---|---|---|
| 1 | Importer or Custom House Agent | files the Integrated Declaration Form on arrival of the consignment |
| 2 | Customs | forwards the Form to the Food Import Clearance System |
| 3 | Authorised Officer | scrutinises the Form, may seek clarification |
| 4 | Authorised Officer | intimates the date and time of inspection (clause (b) or (e), depending on the version in force) |
| 5 | Food Importer or representative | is present for visual inspection, sampling and sealing; counter-signs sealed samples |
| 6 | Inspection | the report of the visual inspection is submitted in Form 1 |
| 7 | Customs | clears the food only if the shelf-life condition in 5(6) is met |
Regulation 6, dealt with in the next article, adds the packaging and labelling conditions and the sampling in the customs area. Samples are then analysed as described in our article on regulation 10.
An invented example: Lakshmi Spices brings in a container of packed spices. Its Custom House Agent files the Integrated Declaration Form on arrival. The Authorised Officer scrutinises it, fixes the inspection appointment and, with the importer present, draws and seals samples. If neither Lakshmi nor its agent attends at the agreed time, the Authorised Officer may grant one reschedule on request and afterwards may refuse further appointments and inspect and sample in their absence.
Where this fits
Regulation 5 follows the licence in regulations 3 and 4 (see our article on the import licence). For a practical walk-through of port clearance and the NOC see clearance of imported food at the port. The next article covers labelling, packaging and shelf life of imported food.
Need help with a consignment?
Clearance depends on timing, documents and attendance at inspection. Our FSSAI import licence service helps importers and Custom House Agents prepare the declaration, track the inspection and handle queries from the Authorised Officer.
Key takeaways
- The Integrated Declaration Form is filed on arrival; the Authorised Officer scrutinises it.
- The importer or representative must attend visual inspection and sampling and counter-sign sealed samples.
- One reschedule may be granted if the importer is absent; later appointments may be refused.
- Customs shall not clear food below the shelf-life condition in sub-regulation (6).
- Changes to (1) and (2)(b)-(e) are marked as awaiting a final decision of the Food Authority.
Read next
- Regulation 3 and 4: import licence and cancellation
- Regulation 6: labelling, packaging and shelf life of imported food
- Clearance of imported food at the port and NOC
- Regulation 10: analysis of imported food samples
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.