World Trade Organization Organisation Mondiale du Commerce Organización Mundial del Comercio

Reply: Yes.

Brazil 14:

According to document WT/TPR/S/249, page 74, §125, "[…] All consignments containing products subject to genetic modification must carry a declaration stating that the product is genetically modified. If it does not, the importer is liable to penal action […]" Is this declaration mandatory even if a consignment contains only residues of genetically modified products or a low percentage of these products (e.g. residues of genetically modified grains in a container)? Is there any applicable maximum residue level in such cases?

Reply: The entry of GM food at various ports is governed by the Directorate General of Foreign Trade (DGFT). On 7 April 2006, the Ministry of Commerce and Industry through Director General of Foreign Trade (DGFT) has notified new regulation for import of GM products by amending Schedule I (Imports) of the ITC (HS) Classifications of Export and Import Items, 2004 09 under the Foreign Trade Policy (2004 09) to be effective from 1 April 2006. As a result of the new import policy, (i) all applications for import of GMOs/LMOs for research, bulk import of GM food, feed, raw or processed or any ingredient of food, food additives or any food product that contains GM materials will require prior approval by GEAC; (ii) at the time of import, all consignments containing products which have been subjected to genetic modification will carry a declaration stating that the product is "genetically modified"; (iii) in case a consignment does not carry such a declaration and is later found to contain genetically modified material, the importer is liable to penal action under the Foreign Trade (Development and Regulation) Act, 1992. In accordance with the above regulation the mandate of the customs and the DGFT is to ensure that the importer has obtained proper approvals of GM food imports, the shipments are accompanied with proper documentation; verify that contents of shipment match accompanying documentation; detect illegal LMO imports and take appropriate measures. Currently, there is no threshold prescribed under the Indian regulation to allow residues of GM products or a low percentage of these products and therefore, this Declaration prescribed under FTP is mandatory for all products containing GMOs or derived from GMOs.