World Trade Organization Organisation Mondiale du Commerce Organización Mundial del Comercio

Australia 4, 5, 6:

REPORT BY WTO SECRETARIAT (WT/TPR/S/249): III TRADE POLICIES AND PRACTICES BY MEASURE: (2) MEASURES DIRECTLY AFFECTING IMPORTS: (x) Sanitary and phytosanitary measures

Australia notes in paragraph 116, page 71 of the Secretariat report that the main institutions involved in the establishment and implementation of SPS measures for food items are the Ministry of Health and Family Welfare, the Department of Animal Husbandry, Dairying and Fisheries; the Directorate of Plant Protection, Quarantine and Storage; the Bureau of Indian Standards; and other state government agencies".

Australia is of the view that the role of the Food Safety and Standards Authority of India (FSSAI) should be acknowledged in this context given its significant role in establishing science based standards for food and its role in inspecting imported foods. The Food Safety and Standards Act (2006) has consolidated various acts and orders on food related issues from various Indian Ministries and Departments. However, Australia notes that the regulatory changes have resulted in significant delays for the inspection of imported goods, which is a particular problem where inspection is time dependent (e.g. shelf stable, fresh and chilled products). Australia understands that there are different levels of testing for domestic and imported product undertaken by the FSSAI.

4. 
   Could India advise what testing, including the level of testing, is applied to domestic and imported product by the FSSAI?
   

Reply: The level of testing is same for imported as well as domestic food products. However for imported product the time frame is 5 working days where as for the domestic food product the time allotted to get a test report is 14 working days. The process of testing has been expedited with notification of more NABL accredited private laboratories by FSSAI.

5. 
   Could India describe its testing protocol, including any scientific risk based framework, used to develop its testing protocols?
   

Reply: On the basis of the risk assessment protocol, only 5 to 20% of imported consignments are subjected to lab testing through FSSAI. A new regulation for a safety system for imported food is at the draft stage and will help further refine the system. It is expected to be published for consultations by the end of this year.

6. 
   Could India advise when the Food Safety and Standards Act 2006 likely will come into force? What will be its impact on processed food imports? Will this differ from current requirements?
   

Reply: Food Safety and Standards Rules 2011 and Food Safety and Standards Regulation, 2011 were notified vide Gazette Notification dated on 5 May 2011 and 1 August 2011 respectively by the Government of India and are available on the FSSAI website: fssai.gov.in. The FSS Act came into effect from 5 August 2011.