Reply: The following departments are dealing with SPS issues:
Department of Animal Husbandry, Dairying and Fisheries (www.dahd.nic.in) for animals and animal products.
Department of Health and Family Welfare (www.mohfw.nic.in) for human health.
Department of Agriculture and Cooperation (www.agricoop.nic.in) for plants and plant products.
69. Can India provide additional information about ports authorized to import animal products and plants and the reasons why such limitations are established for admission to only a few entry points? (Page 85, paragraph 122)
Reply: Designated ports notified for the purpose are the seaports at Mumbai, Kolkata, Chennai, Kochi and Vishakhapatnam, the airports at Delhi, Chennai, Mumbai and Kolkata and the Land Customs station at Petrapole under Livestock Importation Act, 1898. These ports have the Animal Quarantine and Certification Services Station.
70. Could India indicate whether imports of food containing genetically modified material must submit a proposal to the Review Committee of Genetic Modification? In what circumstances entry of GM foods in India be denied? Could India provide some examples of cases of denial of access to genetically modified imports? (Pages 86 and 87, paragraph 125)
Reply:
Import of Genetically Modified (GM) Food Products in India is governed by the rules for "Manufacture, Use, Import and Export and Storage of Hazardous Micro Organisms/Genetically Engineered Organisms or Cells", 1989 notified under provisions of Environment Protection Act, 1986. Genetic Engineering Appraisal Committee (GEAC) is the apex body notified under the said Rules to accord approval for import of GMOs including GM food.
GEAC has prescribed the procedure for import of GM foods in the country. For import of living modified organisms (LMOs) as food, feed and processing (FFP), environment clearance of GEAC needs to be obtained, for which bio safety and food safety studies need to be furnished. In case of GM processed food, the GEAC follows an "event based approval" in a given crop. If the processed food contains any ingredient derived from LMO as food, feed and processing (FFP) or GM processed food derived from LMO, and if the LMO/product thereof has been approved by GEAC, no further approval is required, except for declaration at the port of entry. In case, it does not have the approval of GEAC, the procedure applicable in case of GM processed food derived from LMO is applicable.
Accordingly, as per the provisions incorporated in the ITC (HS) Classifications of Export and Import Items (Schedule I), import of any food, feed, raw or processed or any ingredient of food, food additives or any food product that contains GM material and which is being used either for industrial production, environmental release or field application, will be allowed only with the approval of the Genetic Engineering Appraisal Committee (GEAC) in Ministry of Environment and Forests, Government of India. 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. 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 Foreign Trade (Development and Regulation) Act, 1992.
