Voluntary Report - Public distribution

**Date:** 5/23/2008

**GAIN Report Number:** IN8057

IN8057

**India**

**FAIRS Product Specific**

**Proposed Amendment to the PFA Rule to the Labeling of Pre-packaged
Food**

**2008**

**Approved by:**

![](media/image1.wmf)Holly Higgins

U.S. Embassy

**Prepared by:**

Deepa Dhankhar

**Report Highlights:**

On May 15, 2008, the Department of Health, Ministry of Health and Family
Welfare, Government of India (GOI) issued a draft Gazette notification
under the Prevention of Food Adulteration Act (PFA), proposing an
amendment to the labeling requirements for pre-packaged foods.
Additionally, on May 16, 2008 the Ministry released a final notification
to further delay full implementation of the notification related to the
labeling of pre-packaged food rule (the Prevention of Food Adulteration
(7^th^ Amendment) Rules, 2006) from May 20, 2008 to October 20, 2008.

Includes PSD Changes: No

Includes Trade Matrix: No

Trade Report

New Delhi \[IN1\]

\[IN\]

The Ministry of Health and Family Welfare issued a draft Gazette
notification on May 15, 2008 proposing amendments to the labeling
requirements for prepackaged foods (the Prevention of Food Adulteration
(7^th^ Amendment) Rules, 2006). The new proposed rules will be termed as
Food Adulteration (Second Amendment) Rules, 2008.

The Ministry through another notification on May 16, 2008, delayed the
complete implementation of the earlier labeling of pre-packaged food
rule 2006 from May 20, 2008 to October 20, 2008.

Post reported on earlier notifications on labeling requirements for
pre-packaged foods via IN5134, IN6085, IN7076 and IN8040.

Disclaimer: This summary is based on a cursory review of the subject
announcement and therefore should not, under any circumstances, be
viewed as a definitive reading of the regulation in question, or of its
implications for U.S. agricultural exports to India.

**Details on the draft Gazette notification no. G.S.R. 380(E) dated May
15, 2008 'Prevention of Food Adulteration (Second Amendment) Rules,
2008'.**

**Type of Regulation**: Draft

**Publication Date**: May 15, 2008

**Notification to the WTO:** Not Notified (as of May 23, 2008)

**Effective Date:** Date of publication of the final notification in the
Official Gazette of India

**Products Affected**: All prepackaged foods

**Agency In charge**: Department of Health, Ministry of Health and
Family Welfare, Government of India

**Time period for receiving**

**Comments/Suggestions**: Sixty days after publication date of the draft
notification

**Comments/suggestions**

**should be addressed to:** Secretary

> Ministry of Health and Family Welfare
>
> Government of India
>
> Nirman Bhawan
>
> New Delhi -- 110 011

**Note:** The text of the notification can be assessed at:
[http://www.mohfw.nic.in/Noti%20380.pdf](http://www.mohfw.nic.in/Noti 380.pdf)
. Additionally, a scanned copy of the notification is attached along
with this report.

**Details on the final Gazette notification (corrigendum) no. GSR
383(E), dated May 16, 2008**

**Type of Regulation**: Final

**Publication Date**: May 16, 2008

**Notification to the WTO:** Not Notified (as of May 23, 2008)

**Effective Date:** May 16, 2008

**Products Affected**: All prepackaged foods

**Agency In charge**: Department of Health, Ministry of Health and
Family Welfare, Government of India

The text details of the notification can be assessed at:

[http://www.mohfw.nic.in/Noti%20383.pdf](http://www.mohfw.nic.in/Noti 383.pdf)

**Major Changes**:

The notification 'Prevention of Food Adulteration (Second Amendment)
Rules; 2008' (**no. G.S.R. 380(E) dated May 15, 2008),** proposes
amendments to the labeling requirements for prepackaged food and
contains some revisions / changes over those covered by the notification
on the labeling of prepackaged food rule (number 491 (E), dated August
21, 2006, Text of the notification is available at:
[http://www.mohfw.nic.in/Noti%20491.pdf](http://www.mohfw.nic.in/Noti 491.pdf)
). Some of the main focus areas of the proposed amendment to the PFA
rules 'Prevention of Food Adulteration (Second Amendment) Rules; 2008'
are given below:

-   List of Ingredients, nutritional information or nutritional facts
    and information on health claims

-   Raw agriculture commodities, non-nutritive products, alcoholic
    beverages, single ingredient products, foods shipped in bulk
    (detailed categories specified on page 14 of the notification) are
    exempted from declaration on nutritional information

-   Labeling requirements of irradiated foods

-   Labeling requirements for proprietary foods

-   Information on colors and flavors

-   Declaration of net content by weight or volume or number

-   Exemptions from labeling requirements

-   Special labeling requirements for allergenic and / or hypersensitive
    ingredients, withdrawn

-   Information on added flavors

For more information, visit the Ministry of Health website at:
[www.mohfw.nic.in/pfa.htm](http://www.mohfw.nic.in/pfa.htm)

**Background and Post comments:**

On August 21, 2006 the MOHFW had issued a final Gazette notification
**(no. G.S.R. 491(E) dated August 21, 2006)** on labeling requirements
for prepackaged foods (the Prevention of Food Adulteration (7^th^
Amendment) Rules, 2006).

The regulation was given a one-year implementation period except for
rule number 9 (pertaining to the sale of insect-damaged dry fruits and
nuts), which came into force on November 20, 2006. The MOHFW delayed the
implementation of the rules with the latest implementation date due on
May 20, 2008, except rule number 8 (regarding the insertion of the
guideline 'Product not to contain any substances which may be injurious
to health' -- Tobacco and Nicotine should not be used as ingredients in
any food products), which was implemented on August 20, 2007.

The Ministry received comments and concerns regarding the difficulty in
conforming to the complete implementation of the Gazette notification
**(no. G.S.R. 491(E) dated August 21, 2006)** on labeling requirements
for prepackaged foods (the Prevention of Food Adulteration (7^th^
Amendment) Rules, 2006). The Ministry has now delayed the implementation
of the rules until comments are considered.

Finally, on May 15, 2008, the Ministry released a draft Gazette
notification (**no. G.S.R. 380(E)**) proposing amendments to the
labeling requirements for prepackaged foods (the Prevention of Food
Adulteration (7^th^ Amendment) Rules, 2006). Subsequently, the Ministry
released another notification (corrigendum no. **GSR 383(E), dated May
16, 2008)** delaying the complete implementation of the labeling of the
pre-packaged food rule (**no. G.S.R. 491(E) dated August 21, 2006)**
from May 20, 2008 to October 20, 2008.

The chronology of events related to the release of notifications by the
Ministry of Health and Family Welfare (MOH&FW) on the labeling
requirements for pre-packaged foods is given below.

  -------- ----------------- ------------------------------------------------------------------------------------------------------------------ ----------- --------
           **MOH&FW          **Web-link to assess notification text**                                                                           **Date of   **GAIN
           Notification**                                                                                                                       release**   Report
                                                                                                                                                            No.**

  **1.**   No. G.S.R.        <http://www.mohfw.nic.in/694.pdf>                                                                                  November    IN5134
           694(E),                                                                                                                              25, 2005    

  **2.**   No. G.S.R. 491    [http://www.mohfw.nic.in/Noti%20491.pdf](http://www.mohfw.nic.in/Noti 491.pdf)                                     August 21,  IN6085
           (E), the                                                                                                                             2006        
           Prevention of                                                                                                                                    
           Food Adulteration                                                                                                                                
           (7^th^ Amendment)                                                                                                                                
           Rules, 2006                                                                                                                                      

  **3.**   No. G.S.R. 518    [http://www.mohfw.nic.in/Noti%20Corrig%20518%20%20.pdf](http://www.mohfw.nic.in/Noti Corrig 518  .pdf)             July 31,    IN7076
           (E),                                                                                                                                 2007        

  **4.**   No. G.S.R. 70 (E) [http://www.mohfw.nic.in/Corrigendum%20GSR%2070%20-%20E.pdf](http://www.mohfw.nic.in/Corrigendum GSR 70 - E.pdf)   February 5, IN8040
                                                                                                                                                2008        

  **5.**   No. G.S.R. 380    [http://www.mohfw.nic.in/Noti%20380.pdf](http://www.mohfw.nic.in/Noti 380.pdf)                                     May 15,     IN8057
           (E)                                                                                                                                  2008        

  **6.**   GSR 383(E)        [http://www.mohfw.nic.in/Noti%20383.pdf](http://www.mohfw.nic.in/Noti 383.pdf)                                     May 16,     IN8057
                                                                                                                                                2008        
  -------- ----------------- ------------------------------------------------------------------------------------------------------------------ ----------- --------

The websites are mentioned for readers' convenience; USDA does NOT in
any way endorse, guarantee the accuracy of, or necessarily concur with
the information contained in the above sites.

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