Section 25 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.
Section 25 of the Food Safety and Standards Act, 2006 brings every import of food under the Act. No person may import unsafe, misbranded or sub-standard food or food containing extraneous matter, or food that breaches a licence condition or any other legal provision. The Central Government must also follow the Food Authority's standards when it restricts imports under the Foreign Trade (Development and Regulation) Act, 1992.
Under s.25(1), no person may import (i) unsafe, misbranded or sub-standard food or food containing extraneous matter; (ii) food needing a licence under any Act, rule or regulation, except in accordance with the licence conditions; or (iii) food in contravention of any other provision of the FSS Act, its rules and regulations, or any other Act. Under s.25(2), the Central Government, when regulating imports under the FTDR Act, 1992, must follow the standards laid down by the Food Authority. A breach of the import rules is penalised under s.67.
Section 25 at a glance
| Provision | What it says |
|---|---|
| 25(1)(i) | No import of unsafe, misbranded or sub-standard food, or food containing extraneous matter |
| 25(1)(ii) | No import of food for which a licence is required under any Act, rule or regulation, except in accordance with the licence conditions |
| 25(1)(iii) | No import of food in contravention of any other provision of the FSS Act, its rules or regulations, or any other Act |
| 25(2) | The Central Government, when prohibiting, restricting or regulating imports under the FTDR Act, 1992, must follow the Food Authority's standards |
What "import" means
Section 3(1)(v) defines "import" as bringing into India any article of food by land, sea or air. The definition is about the physical act of bringing food in. So the section applies to shipments at a seaport, an airport or a land border, and to small consignments as much as large ones. Import by post or courier is still bringing food into India by land, sea or air; the section does not exempt it, and this article does not go beyond the Act's text on the point.
Section 25(1)(i): unsafe, misbranded, sub-standard or extraneous matter
The first bar uses four terms, each defined in s.3(1):
- Unsafe food: food whose nature, substance or quality is so affected as to render it injurious to health, by any of the twelve causes in s.3(1)(zz) (for example, unpermitted additives or excess contaminants).
- Misbranded food: s.3(1)(zf).
- Sub-standard food: food that does not meet the specified standard but is not unsafe.
- Food containing extraneous matter: s.3(1)(i).
An importer is therefore held to the Indian definitions. A product that is lawful in the exporting country but carries a label or an additive that does not meet the Indian rules can still be barred. Our posts on import of food into India and clearance of imported food at the port describe the port-side process.
If you import food and want the label, product and paperwork checked before the shipment leaves, our FSSAI import licence service covers the licence and the compliance steps.
Section 25(1)(ii): licence conditions
The second bar covers "any article of food for the import of which a licence is required under any Act or rules or regulations, except in accordance with the conditions of the licence". Two features are worth noting.
- The licence need not be under the FSS Act. The words "any Act or rules or regulations" mean an import licence under another law is also covered. The FSS Act does not name those laws here.
- Conditions count. Holding a licence is not enough. The import must be in accordance with its conditions.
For the FSS licensing side, see our article on section 31 and our guide on who needs an FSSAI import licence.
Section 25(1)(iii): any other contravention
The catch-all bars importing food "in contravention of any other provision of this Act or of any rule or regulation made thereunder or any other Act". It picks up, for example, a breach of a labelling requirement or a packaging rule in the FSS regulations. It also picks up a breach of another Act that applies to the food, without listing that Act.
Section 25(2): the FTDR Act must follow FSSAI standards
Section 25(2) speaks to the Government, not the importer. When the Central Government prohibits, restricts or otherwise regulates import of food under the Foreign Trade (Development and Regulation) Act, 1992, it "shall … follow the standards laid down by the Food Authority". The effect is one set of food standards for imports and domestic products. It does not list the standards, which are notified by the Food Authority.
Responsibility after import
An importer who brings food in does not stop being a food business operator. Section 26(1) requires every food business operator to ensure that food satisfies the Act at all stages including import, distribution and sale. Section 26(2) bars food business operators from manufacturing, storing, selling or distributing food that is unsafe, misbranded, sub-standard, or has extraneous matter. Section 27(2) makes a wholesaler or distributor liable for food it cannot trace to its source, among other things.
Consequences
The Act carries a dedicated penalty for imports in Chapter IX. Section 67 of the Act deals with contravention in import of food; see our article on section 67 for the amount and the conditions. Independently, other sections apply to importers: s.51 (sub-standard food up to five lakh rupees), s.52 (misbranded food up to three lakh rupees), s.54 (extraneous matter up to one lakh rupees) and s.59 (unsafe food). The word "imports" appears in each of those sections, so the penalty follows the category of the defect.
Example 1. A trader imports packaged snacks whose labels do not carry what the labelling regulations require. The food is misbranded under s.3(1)(zf). Section 25(1)(i) bars the import, and s.52 provides a penalty up to three lakh rupees for importing misbranded food.
Example 2. An importer holds a licence with conditions attached and ships a category not covered by it. Section 25(1)(ii) bars the import because it is not in accordance with the licence conditions.
Need help with food imports?
If you are planning to bring food into India, or a consignment has been held, TaxClue can review the product, the label and the licence position with you. Our FSSAI import licence page explains how we work with importers.
Key takeaways
- Section 25(1) bars import of unsafe, misbranded, sub-standard food and food with extraneous matter.
- Import against a licence must follow the licence conditions, even under an Act other than the FSS Act.
- Any other contravention of the Act, rules, regulations or another Act also bars import.
- Under s.25(2) the Central Government must follow the Food Authority's standards when regulating imports under the FTDR Act, 1992.
- Importers remain food business operators after clearance.
Read next
- Section 67: penalty for contravention in import of food
- Import of food into India: FSSAI requirements
- Clearance of imported food at the port: FSSAI NOC
- Section 31: licensing and registration of food business
Disclaimer: Based on the Food Safety and Standards Act, 2006 as enacted, read with the Jan Vishwas (Amendment of Provisions) Act, 2023 where it applies (ss.59, 61 and 63 only). Import procedures and licence rules sit in regulations and notifications not reproduced here. Verify current notifications, regulations and FSSAI orders before acting.