World Trade Organization Organisation Mondiale du Commerce Organización Mundial del Comercio

Reply: The regulation on labelling is under consideration and before notification of the final regulation the draft regulation shall be placed on FSSAI portal for comments.

US 64:

Report by the Secretariat (WT/TPR/S/249): III. TRADE POLICIES AND PRACTICES BY MEASURE: (2) Measures Directly Affecting Imports: (x) Sanitary and phytosanitary measures (SPS): Page 72, paragraph 119:

The Secretariat report states that "In August 2006, the Central Government passed the Food Safety and Standards (FSS) Act of 2006 to consolidate separate laws, and to establish the Food Safety and Standards Authority of India (FSSAI). According to the authorities, this law has been notified (Chapter II(2)(i)). However, the rules and regulations to operationalize this Act have not been notified yet. Once the Food Safety and Standards Regulations, 2010 and Rules 2011 are notified, the Food Safety and Standards Act 2006 will be fully implemented and will repeal some of the separate laws." The United States understands that on August 5, 2011, India fully implemented the Food Safety and Standards Act, 2006. The Act officially repeals the regulatory framework established by the previously existing eight food laws, consolidating them into the Food Safety and Standards Rules and Regulations 2011  under a single regulator  The Food Safety and Standards Authority of India. Does India intend to notify these changes to the WTO in accordance with the transparency and notification obligations under the SPS Agreement? If not, why not?

Reply: It is submitted that Food Safety and Standards Act Rules and Regulations have been fully implemented with effect from 5 August 2011, with this previously existing eight food laws are repealed.

Draft Food Safety Rules 2010 notified on 22.05.2010 to WTO vide notification G/SPS/N/IND/68 and Draft Food Safety Regulations 2011 notified on 7 July 2010 vide notification G/SPS/N/IND/69.

US 65:

Report by the Secretariat (WT/TPR/S/249): III. TRADE POLICIES AND PRACTICES BY MEASURE: (2) Measures Directly Affecting Imports: (x) Sanitary and phytosanitary measures (SPS): Page 74, paragraph 125:

What are the risk and science based justifications requiring that "all consignments containing products subject to genetic modification must carry a declaration stating that the product is genetically modified?"

Reply: The assertion that all consignments containing products subjected to genetic modification must carry a declaration stating that the product is genetically modified, is for the purpose of giving consumers an informed choice.

US 66:

Report by the Secretariat (WT/TPR/S/249): III. TRADE POLICIES AND PRACTICES BY MEASURE: (3) Measures Directly Affecting Exports: (v) Export prohibitions, restrictions, and licensing: Page 39, para 18, Page 77, paragraphs 131 and 132, (Tables III.15 and Table III.16):

India has taken a number of measures, including at the state level, to restrain exports of steelmaking raw materials, despite the fact that India's growing steel industry itself relies on global trade for access to steelmaking raw materials. Do states have the authority under Indian law to ban the export of any product? Please explain the rationale for maintaining export licensing, bans and other restrictions on iron ore and ferrous scrap, in light of Article XI of the GATT. Also, please explain why export taxes and additional measures are necessary to restrict trade in these raw materials. How does the imposition of export taxes (but very low domestic taxes) contribute to the responsible development of India's iron ore resource? Does India have any plans to reduce or eliminate its trade distorting export taxes on iron ore?

Reply: These taxes are reviewed from time to time. The nature of export restriction depends on the conditions and situations at a given time and is not inconsistent with the WTO provisions. Export regulations are governed by the Central Government.