Authorised Officers under Section 25 of FSS Act play a critical role in ensuring food imports comply with Indian safety norms. CBIC has issued updated guidelines for these officers under Section 47(5) of the FSS Act, 2006 and Regulation 13(1) of the FSS (Import) Regulations, 2017. This blog breaks down what it means for importers and customs authorities.
Who Are Authorised Officers under the FSS Act?
Appointed under Section 25 of the Food Safety and Standards Act, 2006, these officers are responsible for:
- Regulating food imports
- Coordinating with Customs
- Referring samples to notified laboratories
- Ensuring compliance with FSSAI rules
They operate under delegated authority from the Food Safety and Standards Authority of India (FSSAI), often selected from Customs ranks by CBIC (Central Board of Indirect Taxes and Customs).
Legal Basis for Appointments
| Provision | Details |
|---|---|
| FSS Act, 2006 – Sec 25 | Empowers FSSAI to appoint Authorised Officers |
| Sec 47(5) | AO must refer samples to food labs |
| FSS (Import) Regulation, 2017 – Reg 13(1) | Specifies qualifications, duties & jurisdiction |
| CBIC Instructions (July 2025) | Latest clarification on designation & reporting hierarchy |
What Do CBIC’s Latest Instructions Clarify?
- Designation: AOs are to be nominated by CBIC, not FSSAI directly.
- Jurisdiction: Posting is based on volume of import clearances (e.g., Chennai, Nhava Sheva, Delhi, etc.).
- Reporting: While FSSAI gives functional direction, disciplinary powers rest with CBIC.
- Training: CBIC to coordinate induction with FSSAI for new officers.
- Avoiding Conflict: AOs must not hold conflicting duties like importer clearance.
Expert View:
This bifurcation of power ensures transparency. Operational independence from importers and strong lab coordination reduces chances of import fraud.
Duties of an Authorised Officer (Import)
| Activity | Explanation |
|---|---|
| Sample Referral | Send sample to FSSAI-notified labs only |
| Clearance Decision | Can clear or reject consignment based on lab reports |
| Coordination | Work with Customs, FSSAI, and port health officers |
| Record Maintenance | Digitally update lab test status & clearance data |
Key Implications for Importers
- Delays due to lab tests: Importers should factor in lead time for sample analysis
- No self-approval: Importers can’t bypass AO for FSSAI clearances
- Compliance audit: Maintain documentation in line with FSS norms
Legal & Regulatory References
- FSS Act, 2006
- FSS (Import) Regulations, 2017
- CBIC Instructions based on F. No. 401/260/2024-Cus.III (dated July 2025)
- Delhi HC in Nestle India Ltd. v. Union of India (2023) upheld AO’s power to withhold imports pending test results.
Summary
CBIC has issued updated instructions for Authorised Officers under Section 25 of the FSS Act and Regulation 13(1) of the FSS (Import) Regulation, 2017. The move clarifies the appointment, reporting, and operational jurisdiction of these officers to streamline food import checks and prevent non-compliance.
FAQs on Authorised Officers under FSS Act
Q1. Who appoints Authorised Officers for food imports?
CBIC nominates them in consultation with FSSAI as per the FSS Act and Import Regulations.
Q2. Can an AO also act as Customs clearing officer for the same consignment?
No. CBIC instructions prohibit such dual roles to avoid conflict of interest.
Q3. What if an AO clears the consignment without sample testing?
It may be challenged and penalised under Section 50 of the FSS Act.