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 8 deals with how imported food is kept before clearance: no contact between types of food, the right storage conditions, the duties of port authorities and custodians, and the use of an importer's warehouse as a customs bonded area. Regulation 9 deals with sampling: two parts, sealed bulk containers, short-life products, labels on sealed samples, recall of non-conforming consignments and the Food Analyst's report.
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.
No consignment of food shall be stored so that one type of food touches another, and imported food must be stored as the specified storage conditions require in the custom warehouse before clearance, failing which the Authorised Officer may refuse to grant a no objection certificate. The Authorised Officer draws two parts of each sample, seals and labels them, sends one part to the Food Analyst, and returns the remaining sample to the importer if the sample is safe; the Food Analyst forwards the report within five days. The importer or customs must ensure sale only after clearance based on the no objection certificate. Importers, custodians and warehouse keepers are affected. See FSSAI import licence support.
Regulation 8: storage facilities
| Sub-reg. | Rule as printed |
|---|---|
| (1) | no consignment of food shall be stored so that one type of article comes in contact with another type |
| (2) | imported food shall be stored in accordance with the specified storage conditions in the custom warehouse before clearance, failing which the Authorised Officer may refuse to grant a no objection certificate |
| (3) | port authorities and custodians of freight stations shall ensure adequate and conducive storage infrastructure for the safe storage of various types of imported food in the customs area until cleared by customs |
| (4) | for food needing special storage, the Authorised Officer shall verify the true storage conditions required |
| (5) | the Authorised Officer shall confirm from the cargo operator or Custodian the availability of the special storage at the custom bonded area at the port or airport |
| (6) | if no storage facility is available, the Authorised Officer shall confirm from the department of customs their no objection to treating the importer's warehouse as a custom bonded area |
| (7) | for (6), the Authorised Officer takes an undertaking from the importer in Form 12 and issues a provisional no objection certificate to move the food to a well-equipped storage facility |
| (8) | on non-compliance, the importer shall not be eligible for any facility in future and is liable for other appropriate actions under the prevailing law |
| (9) | the Authorised Officer may issue a no objection certificate if satisfied on the basis of an analysis report conforming to standards |
| (10) | the importer or customs shall ensure sale only after clearance based on the no objection certificate |
"Custodian" and "no objection certificate" are defined in regulation 2; see our article on the definitions. A provisional no objection certificate under 8(7) lets food move to a well-equipped store; it is not the clearance itself, because 8(10) ties sale to a no objection certificate after clearance.
Regulation 9: sampling of imported food
9(1): two parts, sealed and sent
The Authorised Officer or his representative shall ensure compliance with the Food Safety and Standards (Labelling and Packaging) Regulations, 2011 and with a valid balance shelf life, by (a) drawing two parts of food sample of each description or measure (except for aseptic sealed packages), (b) forwarding to the food analyst the quantity of sample specified under the Laboratory and Sample Analysis Regulations, 2011, and (c) sealing the samples.
The 2011 Packaging and Labelling Regulations named here have been replaced by the Packaging Regulations, 2018 and the Labelling and Display Regulations, 2020; the cross-reference is printed as it stands. The quantity Table is explained in our article on the procedure and quantity of sampling.
9(2): sealed bulk containers
If imported food is packed in a sealed bulk container by the manufacturer to maintain aseptic or hygroscopic condition, the manufacturer shall provide two representative sealed samples from the same batch with a declaration that the food in the sealed container matches the representative samples. If the importer does not provide them, the Authorised Officer may break open the seal and collect a sample. The Authorised Officer may also collect a sample from the sealed container wherever the provided sealed samples appear doubtful.
9(3) to (3b): short shelf life and retail packs
For imported food with shelf-life less than seven days, the applicant declares this in Form 13, allowing the Authorised Officer to draw a sample and issue a provisional no objection certificate to customs without waiting for the laboratory report; on receipt of the report the Authorised Officer communicates to customs, with the no objection certificate, if the products conform. Sub-regulations (3a) and (3b), inserted with footnote 2 (the notification of 20 October 2020), say that for imported pre-packaged retail food the Authorised Officer, after successful visual inspection and sampling, may issue a provisional no objection certificate to move the consignment to a well-equipped storage facility, takes a declaration from the importer in Form 13A, and the importer shall sell the pre-packaged food only after the no objection certificate is issued.
An invented example: Harbour Fresh imports a chilled dessert with a shelf-life of less than seven days. Under 9(3) it declares this in Form 13, so the Authorised Officer can draw a sample and issue a provisional no objection certificate to customs without waiting for the laboratory report. When the report arrives, the Authorised Officer communicates to customs with the no objection certificate if the product conforms.
9(4) and (5): non-conformance and vigil
If the sample does not conform, the Authorised Officer shall immediately inform the importer or Custom Broker to initiate recall of that consignment and submit a compliance report as specified in the Food Recall Procedure Regulations, 2017 (see our article on regulations 5 to 8 of those Regulations). The Food Authority shall alert all import points to maintain vigil on products from the same company or similar products from the same importer or Custom Brokers.
9(6): label on a sealed sample
The sealed sample shall bear on its label:
- code number of the sample;
- date and place of collection;
- quantity of sample;
- name of the food and category as per the Food Products Standards and Food Additives Regulations, 2011;
- name and quantity of preservative added while drawing the sample, if any;
- name and signature of the Food Importer or his Custom House Agent; and
- name and signature of the sender with official seal.
9(7) to (10): analysis, return of remaining sample and second sample
One part of the sealed and labelled food goes to the Food Analyst, who shall analyse or cause analysis by a notified laboratory under regulation 2.1 of the Laboratory and Sample Analysis Regulations, 2011. The remaining parts are stored in appropriate conditions by the Authorised Officer or his representative. If the sample is found safe, the remaining sample is returned to the importer. If found unsafe, on the importer's request the second sample may be forwarded to the Referral Laboratory for analysis. These laboratories are explained in our article on definitions and referral laboratories.
9(11) to (13): returned export rejects and the report
Export consignments rejected by foreign countries and returned to India as the country of origin are subject to these regulations, except that packaging and labelling shall be in accordance with the country of export and the importer shall submit the rejection documents of that country. The Food Analyst shall analyse the food as per the parameters in the Act and regulations and forward the report within five days to the Authorised Officer. Proprietary foods are tested as per general safety requirements for contaminants, toxins, residues and microorganisms, wherever applicable, and the importer's certificate of analysis is sent with the sample. If the laboratory cannot test within the specified time, it states the reasons in writing to the Authorised Officer. Our article on regulation 10 takes up analysis in detail.
Where this fits
The earlier step, clearance under regulation 5, includes sampling in the customs area; this article is its detail. For practical port clearance see clearance of imported food at the port and NOC.
Need help with storage and sampling at the port?
Storage conditions, forms for short-life food and sealed-sample labels are all places where a consignment can stall. Our FSSAI import licence service helps importers prepare the declarations and keep the consignment on schedule.
Key takeaways
- Different types of food must not touch; special storage must be verified and available.
- An importer's warehouse can be treated as a custom bonded area with Form 12 and a provisional NOC.
- Two parts of each sample are drawn, sealed and labelled with seven items.
- Short shelf-life food (less than seven days) uses Form 13; pre-packaged retail food may use Form 13A.
- Non-conformance leads to recall of the consignment under the Food Recall Procedure Regulations, 2017.
Read next
- Regulation 10: analysis of imported food samples
- Regulation 5: clearance of imported food
- Clearance of imported food at the port and NOC
- 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.