Required Report - public distribution

**Date:** 7/31/2006

**GAIN Report Number:** IN6066

IN6066

**India**

**Food and Agricultural Import Regulations and Standards**

**Country Report**

**2006**

**Approved by:**

![](media/image1.wmf)Michael Riedel

U.S. Embassy, New Delhi

**Prepared by:**

A. Govindan

**Report Highlights:**

\*Updated on July 21, 2006.\* \*All sections updated.\* \*Labeling of
biotech food proposed.\*\*Wax coating of fresh fruits likely to be
permitted, subject to labeling.\* \*Nutritional labeling of packaged
food proposed.\* \*Maximum Residue Limits (MRL) for additional 16
pesticides proposed.\* \*Approval and declaration required for imports
of biotech food, food additives, or any food products that contains
biotech food.\*\*New or revised standards for dairy products, several
vegetable oils, and spices established.\* \*Food Safety and Standards
Bill, 2005, introduced in the Parliament.\*

Includes PSD Changes: No

Includes Trade Matrix: No

Annual Report

New Delhi \[IN1\]

\[IN\]

**Table of Contents**

[**I. FOOD LAWS 3**](#i.-food-laws)

[II. LABELING REQUIREMENTS 5](#ii.-labeling-requirements)

[III. PACKAGING AND CONTAINER REQUIREMENTS
7](#iii.-packaging-and-container-requirements)

[IV. FOOD ADDITIVE REGULATIONS 7](#iv.-food-additive-regulations)

[V. PESTICIDES AND OTHER CONTAMINANTS
8](#v.-pesticides-and-other-contaminants)

[VI. OTHER REGULATIONS AND REQUIREMENTS
9](#vi.-other-regulations-and-requirements)

[VII. OTHER SPECIFIC STANDARDS 9](#vii.-other-specific-standards)

[VIII. COPYRIGHT AND/OR TRADEMARK LAWS
10](#viii.-copyright-andor-trademark-laws)

[IX. IMPORT PROCEDURES 10](#ix.-import-procedures)

[APPENDIX I. REGULATORY AGENCY CONTACTS
11](#appendix-i.-regulatory-agency-contacts)

[APPENDIX II. LIST OF APPROVED FOOD ADDITIVES
13](#appendix-ii.-list-of-approved-food-additives)

[APPENDIX III. COMMODITY-SPECIFIC FAIRS REPORTS SUBMITTED SINCE LAST
FAIRS COUNTRY REPORT
17](#appendix-iii.-commodity-specific-fairs-reports-submitted-since-last-fairs-country-report)

**NOTE: The Office of Agricultural Affairs, US Department of
Agriculture, New Delhi, India, prepared this report for US exporters of
food and agricultural products. While great care was taken in its
preparation, this information may not be entirely accurate either
because policies may have changed since the report was written or
because clear and consistent information is unavailable. It is highly
recommended that US exporters verify import requirements with their
foreign customers before goods are shipped. FINAL IMPORT APPROVAL IS
ALWAYS SUBJECT TO THE IMPORTING COUNTRY'S RULES AND REGULATIONS, AS
INTERPRETED BY BORDER OFFICIALS AT THE TIME OF PRODUCT ENTRY.**

# I. FOOD LAWS

Currently there are more than twenty Indian laws relating to food, which
are administered by a number of different Ministries and Departments.
Among the more important food laws are:

**Prevention of Food Adulteration Act (PFA) of 1954** and **the PFA
Rules of 1955**

The law to protect India against impure, unsafe, and fraudulently
labeled foods is the **Prevention of Food Adulteration Act (PFA) of
1954, with the PFA Rules of 1955**, as amended from time to time. PFA
standards and regulations apply equally to domestic and imported
products. The PFA covers various aspects of food processing and
distribution, such as food color, preservatives, pesticide residues,
packaging and labeling, and regulation of sales. **The PFA Act and Rules
and recent notifications are available at**:
**<http://mohfw.nic.in/pfa.htm>[.]{.underline}** The law is enforced by
**the Director General of Health Services, Department of Health (DH),
Ministry of Health and Family Welfare (MHFW), Government of India
(GOI)**, which is somewhat akin to the Food and Drug Administration
(FDA) of the United States.

The PFA focuses primarily on the establishment of regulatory standards
for primary food products, which constitute the bulk of the Indian diet.
The PFA does not always keep pace with advances in the food processing
sector. Moreover, PFA rules sometimes appear to be drafted in a manner
that goes beyond the mere establishment of minimum product quality
specifications, by prescribing recipes for how food products are to be
manufactured. Concerned parties may appeal to have the PFA Rules
amended. The Central Committee for Food Standards, chaired by the
Director General of Health Services, is the decision-making entity. The
appeals process, however, is cumbersome and time-consuming. All imported
products must adhere to the rules as specified in the regulation,
including the labeling and marking requirements.

**The** **Standards of Weights and Measures Act, 1976,** and **the
Standards of Weights and Measures (Packaged Commodities) Rule, 1977**

These legislative measures are designed to establish fair trade
practices with respect to packaged commodities. The rules aim to ensure
that vital information about the nature of the commodity, the name and
address of the manufacturer, the net quantity, date of manufacture, and
maximum sale price are provided on the label. There may be additional
labeling requirements for food items covered under the PFA. The
Department of Consumer Affairs, located within the Ministry of Consumer
Affairs, Food, and Public Distribution, is the regulatory authority. The
entire text of the **Standards of Weights and Measures Act, 1976,** and
**the Standards of Weights and Measures (Packaged Commodities) Rule,
1977,** and related notifications, can be accessed from:
[www.fcamin.nic.in/Events/EventDetails.asp?EventId=1296&Section=Weight%20and%20Measures&ParentID=0&child_continue=1&child_check=0](http://www.fcamin.nic.in/Events/EventDetails.asp?EventId=1296&Section=Weight and Measures&ParentID=0&child_continue=1&child_check=0)

Importers of packaged food products must adhere to these acts, including
labeling the product. The name and address of the importer, the net
quantity, date of manufacture, best-before date, and maximum sales price
must be included on the label.

**The Fruit Products Order, 1955**

The fruit and vegetable processing sector is regulated by the Fruit
Products Order, 1955 (FPO), which is administered by the Department of
Food Processing Industries. The FPO contains specifications and quality
control requirements regarding the production and marketing of processed
fruits and vegetables, sweetened aerated water, vinegar, and synthetic
syrups. All units that process these products are required to obtain a
license under the FPO, and periodic inspections are carried out.
Processed fruit and vegetable products imported into India must meet the
FPO standards. The FPO can be accessed from:
<http://mofpi.nic.in/fpoact.pdf>.

**Meat Food Products Order, 1992**

This order administers the permissible quantity of heavy metals,
preservatives, and insecticide residues for meat products. The
Directorate of Marketing and Inspection, Ministry of Agriculture, is the
regulatory authority. This order is equally applicable to domestic
processors and importers of meat products. However, its implementation
is relatively weak, due to unorganized production in the domestic market
and few subject imports. For details, see:
<http://agmarknet.nic.in/mfpo1973.htm>

#### Livestock Importation Act, 1898

Under the Livestock Importation Act, 1898, the government established
procedures for the importation of livestock and related products to
India, which are implemented by the Department of Animal Husbandry,
Dairying, and Fisheries, Ministry of Agriculture. These procedures are
available at: <http://dahd.nic.in/order/livestockimport.doc>

**Milk and Milk Products Order, 1992**

This order regulates the production, distribution, and supply of milk
products; establishes sanitary requirements for dairies, machinery, and
premises; and sets quality control standards for milk and milk products.
Standards specified in the order also apply to imported products. The
Department of Animal Husbandry, Dairying and Fisheries, Ministry of
Agriculture, is the regulatory authority. For details see:
<http://dahd.nic.in/order/mmpo.doc>

**Plant Quarantine (Regulation of Import into India) Order, 2003**

The GOI formulated the Plant Quarantine (Regulation of Import into
India) Order, 2003, under the Destructive Insects and Pests Act, 1914.
It was published on November 18, 2003, with "...the purpose of
prohibiting and regulating the imports into India of agricultural
articles...," and became effective January 1, 2004. The implementing
agency is the Directorate of Plant Protection, Quarantine, and Storage,
under the Department of Agriculture and Cooperation, Ministry of
Agriculture, which is similar to the Animal Plant Health Inspection
Service (APHIS) of the USDA. This Order, along with several subsequent
amendments, is available at:
[www.plantquarantineindia.org/PQO_amendments.htm](http://www.plantquarantineindia.org/PQO_amendments.htm)

### The Food Safety and Standards Bill, 2005

The GOI is in the process of enacting an integrated food law, which is
called the "Food Safety and Standards Bill, 2005," in order to establish
science-based standards for articles of food, and to regulate their
manufacture, import, export, storage, distribution, and sale. The Bill
would bring all existing food-related legislation under one umbrella,
which would entail the establishment of a Food Safety and Standards
Authority of India. The Bill recently passed the lower house of
Parliament, and is now before the Upper House. The full text of the Food
Safety and Standards Bill, 2005, is available at:
<http://mofpi.nic.in/foodsfty.pdf>

# II. LABELING REQUIREMENTS

A. General Requirements: **Part VII of the PFA Rules, 1955,** and **the
Standards of Weights and Measures (Packaged Commodities) Rules, 1977**,
as amended, establish labeling requirements for all packaged foods. In
general, the label should provide the following information:

-   Name, trade name, or description of product

-   Name of ingredients used in the product, in descending order of
    their composition by weight or volume

-   Name and complete address of manufacturer, packer, importer, or
    vendor, and country of origin of the imported food (including if the
    food article is manufactured outside India and packed in India)

-   Net weight, number, or volume of contents

-   Distinctive batch, lot, or code number

-   Month and year the product was manufactured or packed

-   Month and year by which the product is best consumed

-   Maximum retail price (MRP)

Where applicable, the product label should also contain the following:

-   The purpose of irradiation and license number, in case of irradiated
    food

-   Extraneous addition of coloring matter

-   Non-vegetarian food (any food which contains whole or part of any
    animal including birds, marine animals, eggs, or product of any
    animal origin as an ingredient, excluding milk or milk products),
    must have a symbol of a brown color-filled circle inside a square
    with a brown outline prominently displayed on the package,
    contrasting against the background on the principal display panel,
    in close proximity to the name or brand name of the food.

-   Vegetarian food must have a symbol of a green color-filled circle
    inside a square with a green outline prominently displayed on the
    package, contrasting against the background on the principal display
    panel, in close proximity to name or brand name of the food.

There are special labeling requirements for certain packaged food items,
such as infant foods, condensed milk, milk powder, blended vegetable
oils, etc. For details see Section 42, Part VII of the PFA Rules updated
on October 1, 2004,
([www.mohfw.nic.in/pfa%20acts%20and%20rules.pdf](http://www.mohfw.nic.in/pfa acts and rules.pdf)),
and any subsequent notifications.

In the case of imported packaged food, all declarations may be 1)
printed on a label securely affixed to the package or 2) made on an
additional wrapper containing the imported package or 3) printed on the
package itself or 4) made on a card or tape affixed firmly to the
package or container and bearing the required information. Labels must
be printed in English or Hindi (Devnagari script). The responsibility
for labeling lies with the importer, and should be done before products
are presented for custom clearance. Products exhibiting only the
standard US label will not be allowed to enter.

Per Notification No. 44 (RE-2000)/1997-2002, issued by the Department of
Commerce on November 24, 2000, all packaged commodities imported into
India should carry the following declarations:

-   Name and address of the importer.

-   Generic or common name of the commodity packed.

-   Net quantity using standard units of weights and measures. If the
    net quantity of the imported package is given in any other unit, its
    equivalent terms of standard units shall be declared by the
    importer.

-   Month and year of packaging in which the commodity was manufactured,
    packed, or imported.

-   The maximum retail price at which the commodity in packaged form may
    be sold to the ultimate consumer. This price shall include all
    taxes, local or otherwise, freight, transport charges, commission
    payable to dealers, and all charges towards advertising, delivery,
    packing, forwarding, and the like.

<http://dgftcom.nic.in/exim/2000/not/not00/not4400.htm>

Shelf Life: Notification No. 22 (RE-2001) 1997-2002, dated July 30,
2001, issued by the Department of Commerce, states:

\"Imports of all such edible/food products, domestic sale and
manufacture of which are governed by the PFA shall also be subject to
the condition that, *at the time of importation* \[emphasis added\],
these products are having a valid shelf life of not less than 60 percent
of its original shelf life. Shelf life of the product is to be
calculated, based on the declaration given on the label of the product,
regarding the date of manufacture and the due date of expiry.\"
<http://dgftcom.nic.in/exim/2000/not/not01/not2201.htm>

**Per notification G.S.R. 388 (E), issued by the DH, on June 25, 2004,**
every package of food which contains permitted artificial sweetener
shall carry the label "CONTAINS ARTIFICIAL SWEETENER AND FOR CALORIE
CONSCIOUS," along with the name or trade name of the product.
([www.mohfw.nic.in/GSR%20388(E).pdf](http://www.mohfw.nic.in/GSR 388(E).pdf))

**Per notification G.S.R. 339 (E), dated May 27, 2005, issued by the
DH**, "No containers or label relating to infant milk substitute or
infant food shall have a picture of infant or women or both. It shall
not have picture or other graphic materials of phrases designed to
increase the salability of the infant milk substitute or infant food.
The terms "Humanized" or "Maternalized" or any other similar words shall
not be used. The package and/or any other label of infant milk
substitute or infant food shall not exhibit words, "Full Protein Food,"
"Energy Food," "Complete Food," or "Health Food," or any other similar
expressions."
([www.mohfw.nic.in/F33927052005.pdf](http://www.mohfw.nic.in/F33927052005.pdf))

On March 10, 2006, the DH issued a draft notification proposing an
amendment to the PFA Rules, regarding labeling of foods derived from
biotechnology. This amendment has not yet been implemented. The full
notification is available at:
[www.mohfw.nic.in/152.pdf](http://www.mohfw.nic.in/152.pdf).

On May 18, 2006, the DH issued a draft notification proposing an
amendment to the PFA Rule regarding labeling of wax-coated fruits. This
draft amendment proposes permitting the coating of fresh fruits with
bees wax (white and yellow) and carnauba was at levels not exceeding
Good Manufacturing Practices (GMP), accompanied by a proper label
declaration. This amendment has not yet been implemented. The full
notification is available at:
[www.mohfw.nic.in/Noti%20298.pdf](http://www.mohfw.nic.in/Noti 298.pdf).

**B. Requirements Specific to Nutritional Labeling**

Implied nutritional and health claims are allowed on food products, and
there currently are no statutory nutritional requirements. Manufactured
and imported food claiming to be enriched with nutrients such as
minerals, proteins, or vitamins, should indicate quantities of such
added nutrients on the label. Although there is no official position on
implied health claims, such claims should be able to withstand
verification by a court of law, if challenged.

However, on November 25, 2005, the DH issued a draft Gazette of India
notification (not yet finalized) proposing nutritional labeling on
packaged food under the PFA. Proposed major changes are:

Every package of food is required to have the following additional
information on its label:

-   The name of the food

    -   The name, trade name, or description of food contained in the
        package.

-   List of ingredients

> \- The names of ingredients used in the product in descending order of
> their composition by weight or volume, as the case may be.

-   The complete nutritional information (energy value, protein,
    carbohydrates, fat, type of fatty acids, vitamins, minerals).

```{=html}
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```
-   Whether it is irradiated food

-   Country of origin

-   Instructions for use

The full notification is available at:
[www.mohfw.nic.in/694.pdf](http://www.mohfw.nic.in/694.pdf).

# III. PACKAGING AND CONTAINER REQUIREMENTS

All weights or measures are to be reported in metric units.

Certain commodities can only be packed in specified quantities (weight,
measure, or number). These include baby food, weaning food, biscuits,
bread, butter, coffee, tea, vegetable oils, milk powder, and wheat and
rice flour. The use of materials such as Polyvinyl Chloride (PVC) is not
allowed for packaging in most cities, due to environmental concerns and
waste disposal problems.

# IV. FOOD ADDITIVE REGULATIONS

Information regarding permitted coloring matter, preservatives, etc.,
are provided in various sections of the PFA Rules, 1955, as amended,
which are listed below:

> Coloring Matter Part VI
>
> Preservatives Part X
>
> Poisonous metal Part XI
>
> Crop contaminants and naturally
>
> occurring toxic substances Part XIA

Anti-Oxidants, Emulsifying,

## Stabilizing, and anti-caking Agents Part XII

> Flavoring agents and related Substances Part XIII
>
> Carry over of food additives Part XIIA
>
> Sequestering and buffering agents Part XVI
>
> Antibiotic and other pharmacologically
>
> active substances Part XVIII
>
> Food Additives 1/ Part XIX

1/ Per Gazette notification G.S.R. 388 (E), dated June 25, 2004,
([www.mohfw.nic.in/GSR%20388(E).pdf](http://www.mohfw.nic.in/GSR 388(E).pdf))

On December 1, 2004, the DH issued a final Gazette notification that
lists permitted food additives in fish and fish products and
microbiological requirements of seafood. See
[www.mohfw.nic.in/GSR821(E)21102004.pdf](http://www.mohfw.nic.in/GSR821(E)21102004.pdf).

On March 21, 2005, the DH issued a final Gazette notification under the
PFA Act that pertains to the use of additives in sugar, salt, cocoa
powder, chocolate, sugar boiled confectionary, and chewing gum. See
[www.mohfw.nic.in/F18421032005.pdf](http://www.mohfw.nic.in/F18421032005.pdf).

On March 21, 2005, the DH issued a final Gazette notification under the
PFA Act that provided a list of permitted food additives and
microbiological requirements of thermally-processed fruits, fruit
cocktails, vegetable soups, fruit juices, fruit vegetable cereal flakes,
squashes, tomato ketchup, tomato sauces, soy sauces, jams, jellies, etc.
See
[www.mohfw.nic.in/F18521032005.pdf](http://www.mohfw.nic.in/F18521032005.pdf).

On August 10, 2005, the DH issued a draft Gazette notification proposing
an amendment to the PFA Rules pertaining to the use of additives in
biscuits, breads, and confectionary items. Among other things, the
amendment proposes a maximum limit of Oligofructose (dietary fibers) up
to 15 percent, and a dietary fiber labeling requirement for biscuits,
breads, and cakes. This has not yet been implemented. The full
notification can be accessed at:
[www.mohfw.nic.in/526.pdf](http://www.mohfw.nic.in/526.pdf).

On January 19, 2006, the DH proposed an amendment to the PFA Rules,
which pertains to the use of Acesulfame Potassium, Sucralose, Di-Sodium
5 -- Inosinate, and Sodium hexa meta phosphate in certain processed food
products. This has not yet been implemented. The full notification can
be accessed at:
[www.mohfw.nic.in/27.pdf](http://www.mohfw.nic.in/27.pdf).

# V. PESTICIDES AND OTHER CONTAMINANTS

The PFA Rules, 1955, include a positive list for the presence of
pesticide residues and their respective tolerance levels in various
commodities and food (manufactured/imported) products. Of the 194
pesticides registered (<http://cibrc.nic.in/reg_products.htm>) for
regular use in India, only 121
([www.mohfw.nic.in/pfa%20acts%20and%20rules.pdf](http://www.mohfw.nic.in/pfa acts and rules.pdf),
Part XIV pages 163-177) have Maximum Residue Limits (MRLs) notified.
There are 27 pesticides that do not require MRLs. For the remaining
pesticides, MRLs have not yet been established. Lists of
pesticides/pesticide formulations whose import and use are banned,
refused registration, or are restricted use in India are available at:
<http://cibrc.nic.in/list_pest_bann.htm>. CODEX Alimentarius MRLs may be
accepted for imported foodstuffs only for those pesticides not included
in India's own positive list of pesticides.

On January 6, 2006, the DH issued a draft Gazette notification under the
PFA, proposing pesticide tolerance levels on several crops and
establishing MRLs for an additional 16 pesticides (which would make the
total 137). The draft notification is available at:
<http://mohfw.nic.in/7.pdf>.

On July 4, 2006, the DH issued a draft Gazette notification under the
PFA, proposing revised tolerance levels for various pesticides and
Deoxynilalenol (DON) on imported wheat, which would remain valid until
March 31, 2007. ![](media/image2.png){width="8.333333333333333e-3in"
height="2.9861111111111113e-2in"} The Draft Indian Notification is
available at:
[www.mohfw.nic.in/Noti%20396.pdf](http://www.mohfw.nic.in/Noti 396.pdf)

# VI. OTHER REGULATIONS AND REQUIREMENTS

All imported foods are randomly sampled at the port of entry for their
conformity to PFA standards. On June 16, 2004, the Ministry of Commerce
and Industry published a list of "high risk" food items, imports of
which are subject to 100 percent sampling. This list includes edible
oils and fats, pulses and pulse products, cereal and cereal products,
milk powder, condensed milk, food colors, and food additives, among
other items. The import of product samples via express mail or parcel
post (such as FedEx, UPS, DHL, etc.) is allowed, contingent on obtaining
prior permission from the Directorate General of Foreign Trade. Mail
order imports are not allowed. Contact information to arrange sample
shipments is provided in Appendix I. Once the products enter the
domestic market, they are to be monitored randomly at the retail and
wholesale level by the respective regulatory authorities.

The **Genetic Engineering Approval Committee (GEAC)** is the
decision-making authority on biotechnology product issues, including
their imports. Food ingredients and additives containing bioengineered
organisms shall not be produced, used, or imported without the approval
of the GEAC. All such approvals, if granted, shall be for a specific
period not exceeding four years at the first instance, and are renewable
for 2 years at a time, subject to terms and conditions. For additional
details see:
[www.dbtindia.nic.in/thanks/biosafetymain.html](http://www.dbtindia.nic.in/thanks/biosafetymain.html).

The Annual Supplement to the Indian government's Foreign Trade Policy
(2004-2009) announced by Commerce and Industry Minister on April 7,
2006, calls for approval from the GEAC for imports of biotech food, food
additives, or any food product that contains biotech material that is
being used for industrial production, environmental release, or field
application. Also, import consignments containing biotech products
should carry a declaration that the product is bioengineered, without
which the importer is liable to penal action under the Foreign Trade
(Development and Regulation) Act, 1992. See
<http://164.100.9.245/exim/2000/not/not06/not0206.htm>). The
implementation of this rule was postponed to July 8, 2006.

On July 6, 2006, the DH issued a draft Gazette notification under the
PFA, proposing food recall procedures (see GAIN report IN6055). The
Draft Indian Notification is available at:
[www.mohfw.nic.in/Noti%20355.pdf](http://www.mohfw.nic.in/Noti 355.pdf).
These procedures have not yet been implemented.

# VII. OTHER SPECIFIC STANDARDS

**The PFA Rules, 1955 (Appendix B),** and **the Fruit Products Order,
1955**, as amended, contain definitions and specific quality standards
for certain food products, such as processed cheese, ice cream, spice
mixes, milk and milk products, infant food, vegetable oils and
margarine, fruits and vegetable products, and basic food items like
wheat, rice, and pulses. Imported products must also meet the specified
quality standards.

**The Department of Commerce Notification No. 44 (RE-2000)/1997-2002,**
dated November 24, 2000, requires imports of certain products, including
some food products (milk powder, condensed milk, infant milk foods,
milk-cereal based weaning foods) and food additives, to comply with
mandatory Indian quality standards. All manufacturers and exporters
whose products are sold in India are required to register with the
Bureau of Indian Standards. See
<http://dgftcom.nic.in/exim/2000/not/not00/not4400.htm>.

However, the enforcement of this regulation has not been strict, as
current import volumes of the concerned products have been small (mostly
in mixed containers).

On March 21, 2005, the DH issued a final Gazette notification under the
PFA, which establishes new standards for raisins, pistachios, and dry
fruits and nuts (including almonds). See
[www.mohfw.nic.in/F18521032005.pdf](http://www.mohfw.nic.in/F18521032005.pdf).

On June 27, 2005, the DH issued a final Gazette notification, pertaining
to the standards of dairy products and to the use of food additives in
these milk products. By this amendment, standards of various milk
products, cheese, ice cream, milk powder, etc., and the use of food
additives in these products were established. It also establishes
microbiological parameters, per Codex Alimentarius Commission
guidelines. The notification can be accessed at:
[www.mohfw.nic.in/GSR356.pdf](http://www.mohfw.nic.in/GSR356.pdf).

On December 21, 2005, the DH issued a final Gazette notification under
the PFA, which establishes new or revised standards for several
vegetable oils. The link to the final Gazette notification is:
[www.mohfw.nic.in/731.pdf](http://www.mohfw.nic.in/731.pdf).

On January 6, 2006, the DH issued a final Gazette announcement under the
PFA, which has not yet been implemented but which establishes new
standards for various spices. The Link to the Final Gazette Notification
is: [www.mohfw.nic.in/8.pdf](http://www.mohfw.nic.in/8.pdf).

On May 9, 2006, the DH issued a final Gazette notification under the
PFA, which has not yet been implemented but which establishes new
standards for tea. The Link to the Gazette notification is:
[www.mohfw.nic.in/Noti%20277.pdf](http://www.mohfw.nic.in/Noti 277.pdf).

# VIII. COPYRIGHT AND/OR TRADEMARK LAWS

The Indian Copyright Act of 1957 is based on the Bern Convention on
Copyrights, to which India is a party. May 1995 and December 1999
amendments increased protection and introduced stiff mandatory penalties
for copyright infringement. On paper, Indian copyright law is now on par
with the most modern laws in the world. Trademark protection was raised
to international standards with the passage of a new Trademark Bill in
December 1999. It codified the use and protection of foreign trademarks,
including service marks. Enforcement of intellectual property rights has
been weak, but the situation is improving, as the courts and police
respond to domestic concerns about the high cost of piracy to Indian
rights holders.

There is significant judicial precedence to protect foreign trademarks
in India. Indian courts have gone beyond the existing statutes and
restrained local companies from using world-renowned trademarks even
when they have not been registered in India. Nevertheless, foreign firms
can register their trademarks through a local agent by applying at the
office of Registrar of Trademarks
([www.ipindia.nic.in](http://www.ipindia.nic.in/)). However, it may take
3-5 years for the trademark to be officially accepted and notified.

# IX. IMPORT PROCEDURES

**Documentation:** Importers must furnish an import declaration in the
prescribed Bill of Entry format, disclosing the value of the imported
goods. This must be accompanied by any import licenses and phytosanitary
certificates (in case of agricultural commodities), along with
documentation such as sales invoices and freight and insurance
certificates. All consignments are required to be inspected prior to
clearance. In the current Customs set-up, appointing a clearing agent
avoids delays.

The clearance of imported food products at the port of entry requires a
certification from the port health authority that the product conforms
to the standards and regulations of the PFA. However, certification is
based mostly on visual inspection and records of past imports, as most
ports have limited testing facilities. Consequently, importers of new
products can sometimes face undue delays in clearing their products. The
custom clearance period may range from one day and one month, depending
on the product and experience of the importer. In case of a dispute or
rejection of the consignment, the importer can file an appeal at the
Customs office at the port of entry.

Additional information on exporting food products to India is available
in the \"Exporter Guide\" (GAIN Report #IN5080), which can be accessed
via the FAS homepage.

# APPENDIX I. REGULATORY AGENCY CONTACTS

A. Prevention of Food Adulteration Act

Joint Secretary (PFA)

Department of Health

Ministry of Health & Family Welfare

Nirman Bhawan

Maulana Azad Road

New Delhi, 110 - 001

> Phone: (91-11) 23061195
>
> Fax: (91-11) 23061723
>
> E-mail: <jsrt@nic.in>
>
> Website: [www.mohfw.nic.in/pfa.htm](http://www.mohfw.nic.in/pfa.htm)

B. The Standards Weights and Measures Act

Joint Secretary (Weights & Measures)

Department of Consumer Affairs

Ministry of Consumer Affairs, Food, and Public Distribution

Krishi Bhavan

New Delhi - 110 001

> Phone: (91-11) 23382332
>
> Fax: (91-11) 23386322
>
> E-mail: <js-ca@nic.in>
>
> Website: <http://fcamin.nic.in/index.asp>

C. Phytosanitary issues

Joint Secretary - Plant Protection

Department of Agriculture and Cooperation

Ministry of Agriculture

> Krishi Bhawan
>
> New Delhi -- 110 001
>
> E-mail: <ashish.krishi@nic.in>
>
> Website:
> [www.plantquarantineindia.org](http://www.plantquarantineindia.org/)

D. Livestock and Products Imports

Joint Secretary (Administration)

Department of Animal Husbandry & Dairying

Ministry of Agriculture

Krishi Bhavan

New Delhi - 110 001

> Phone: (91-11) 23387804
>
> Fax: (91-11) 23386115
>
> E-mail: <jsadd@nic.in>
>
> Website: <http://dahd.nic.in/>

E. Ministry of Commerce

Director General of Foreign Trade

Ministry of Commerce

Udyog Bhavan

New Delhi - 110 011

> Phone: (91-11)23062777
>
> Fax: (91-11)23061613
>
> E-mail: <dgft@nic.in>
>
> Website: <http://dgft.delhi.nic.in/>

F. Ministry of Food Processing Industry

Joint Secretary

Ministry of Food Processing Industries

Panch Sheel Bhawan

August Kranti Marg

New Delhi -- 110 049

Phone: (91-11)26492476

Fax: (91-11)26493228

E-mail: <arunkr@nic.in>

Website: <http://mofpi.nic.in/>

G. Registry of Trademarks

Controller General of Patents, Designs & Trade Marks

Bhoudhik Sampada Bhavan

S.M. Road

Antop Hill

Mumbai -- 400 037

> Phone: (91-22)24123311
>
> Fax: (91-22)24123322
>
> E-mail: <Mumbai-patent@nic.in>
>
> Website: [www.ipindia.nic.in](http://www.ipindia.nic.in/)

H. Central Board of Excise & Customs

> Chairman
>
> Central Board of Excise & Customs
>
> Ministry of Finance
>
> North Block
>
> New Delhi -- 110 001
>
> Phone: (91-11)23092849
>
> Fax: (91-11)23092890
>
> E-mail: <chairman@cbec.gov.in>
>
> Website: <http://www.cbec.gov.in/>

# APPENDIX II. LIST OF APPROVED FOOD ADDITIVES

I. Coloring Matter

A. Natural Coloring Matters 1. Beta-carotene

2\. Beta-apo-8\'-carotenal

3\. Methylester of Beta-apo-8\' carotenoic acid

4\. Ethylester of Beta-apo-8\' carotenoic acid

5\. Canthaxanthin

6\. Chlorophyll

7\. Riboflavin/Lactoflavin

8\. Caramel

9\. Annatto

10\. Saffron

11\. Curcumin (or Turmeric)

B. Synthetic Coloring Matters 1. Ponceau 4R

2\. Carmoisine

3\. Erythrosine

4\. Tartrazine

5\. Sunset Yellow FCF

6\. Indigo Carmine

7\. Brilliant Blue FCF

8\. Fast Green FCF

Note: The maximum limit of permitted synthetic coloring matters is 100
parts per million.

For details on uses and other terms and conditions relating to coloring
matter, please see Part VI of the PFA Rules updated, on October 1, 2004,
([www.mohfw.nic.in/pfa%20acts%20and%20rules.pdf](http://www.mohfw.nic.in/pfa acts and rules.pdf)),
and any subsequent notifications.

II\. Preservatives

A. Class I Preservatives 1. Common Salt

2\. Sugar

3\. Dextrose

4\. Glucose (Syrup)

5\. Spices

6\. Vinegar or Acetic Acid

7\. Honey

8\. Edible oils

B. Class II Preservatives 1. Benzoic acid including salts thereof

2\. Sulphurous acid and salts thereof

3\. Nitrates of Sodium or Potassium

4.  Sorbic acid and its sodium, potassium and calcium

> salts

5.  Nisin

6\. Sodium and calcium propionate

7\. Methyl or propyl Parahydroxy Benzoate

8.  Propionic acid, including esters or salts thereof

9\. Sodium diacetate

10. Sodium, potassium and calcium salts of lactic acid

The maximum allowable limit for class II preservatives varies with the
type of food in which it is used. There is no maximum allowed limit in
the use of class I preservatives.

For details on the specific use and other terms and conditions relating
to preservatives, please see Part X of the PFA Rules, updated on October
1, 2004,
([www.mohfw.nic.in/pfa%20acts%20and%20rules.pdf](http://www.mohfw.nic.in/pfa acts and rules.pdf)),
and any subsequent notifications.

III\. Poisonous Metal 1. Lead

2\. Copper

3\. Tin

4\. Zinc

> 5\. Cadmium
>
> 6\. Arsenic

7\. Mercury

8\. Methyl mercury

9.  Chromium

Tolerance limits for poisonous metals vary with the food in which they
appear.

For details on the specific use and other terms and conditions relating
to poisonous metals, please see Part XI of the PFA Rules, updated on
October 1, 2004,
([www.mohfw.nic.in/pfa%20acts%20and%20rules.pdf](http://www.mohfw.nic.in/pfa acts and rules.pdf)),
and any subsequent notifications.

IV\. Anti-oxidants, Emulsifying, Stabilizing, and Anti-Caking Agents

A. Anti-Oxidants 1. Lecithin

2\. Ascorbic acid

3\. Tocopherol

4.  Ethyl gallate

5\. Propyl gallate

6\. Octyl gallate

7\. Dodecyl gallate

8.  Ascrobyl palmitate

9\. Butylated hydroxyanisole (BHA)

10\. Citric acid

11\. Tartaric acid

12\. Gallic acid

13\. Resin Guaiac

14\. Tertiary Butyl Hydro Quinone (TBHQ)

B. Emulsifying and stabilizing agents

Permitted emulsifying and stabilizing agents include:

Agar, alginic acid, calcium and sodium alginates carrageen, edible gums
(such as guar, karaya arabic, carobean, furcellaran, tragacanth, gum
ghatti), dextrin, sorbitol, pectin, sodium and calcium pectate, sodium
citrate, sodium phosphates, sodium tartrate, clacium lactate, lecithin,
albumen, gelatin quillaia, modified starches, hydrolysed, proteins,
monoglycerides or diglycerides of fatty acids, synthetic lecithin,
propyleneglycol stearate, propylenegylcol alginate, methyl ethyl
cellulose, methyl cellulose, sodium carboxymethyl cellulose, stearyl
tartaric acid, esters of monoglycerides and digylcerides of fatty acids,
monosterin sodium sulphoacetate, sorbitan esters of fatty acids or in
combination, polyoxy- ethylene sorbiton monostenrate, sodium
stearoyl-2-lactylate and calcium stearoyl-2 lactylate, Polyglycerol
Esters of fatty acids and polyglycerol Ester of interesterified
Ricinoleic acid, and brominated vegetable oil, Glycerol esters of wood
resins (Ester Gum).

For details on the specific use and other terms and conditions relating
to anti-oxidants, emulsifying, stabilizing, and anti caking agents,
please see Part XII of the PFA Rules updated on October 1, 2004,
([www.mohfw.nic.in/pfa%20acts%20and%20rules.pdf](http://www.mohfw.nic.in/pfa acts and rules.pdf)),
and any subsequent notifications.

V. Flavoring Agents and related substances

All flavoring agents [other than]{.underline} the following may be used
in food

> 1\. Coumarin and dihydrocoumarin
>
> 2\. Tonkabean (Diptery adorat); and

3\. B-asarone and cinamyl anthracilate

4\. Estragole

5\. Ethyl Methyl Ketone

> 6\. Ethyl-3-Phenylglycidate
>
> 7\. Eugenyl methyl ether
>
> 8\. Methyl Beta napthyl Ketone
>
> 9\. P. Propylanisole
>
> 10\. Saffrole and Isosaffrole
>
> 11\. Thujone and Isothujone alpha and beta thujone

For details on the specific use and other terms and conditions relating
to flavoring agents ad substances, please see Part XIII of the PFA Rules
updated on October 1, 2004,
([www.mohfw.nic.in/pfa%20acts%20and%20rules.pdf](http://www.mohfw.nic.in/pfa acts and rules.pdf)),
and any subsequent notifications.

VI\. Sequestering and buffering agents

The following sequestering and buffering agents are allowed, subject to
limits prescribed in the PFA rules.

1\. Acetic acid

2.  Adlipic acid

3\. Calcium gluconate

4\. Calcium carbonate

> 5\. Calcium oxide

6\. Citric acid

7\. Malic acid

8\. DL Lactic acid (food grade)

a\) L (+) Lactic acid (food grade)

9\. Phosporic acid

10. Polyphosphate containing less than 6 phosphate

> mouties

11\. L (+) Tartaric acid

> 12\. Calcium Disodium, Ethylene, diamine tetra acelate

10. Fumeric acid.

For details on specific use and other terms and conditions relating to
sequestering and buffering agents, please see Part XVI of the PFA Rules
updated on October 1, 2004,
([www.mohfw.nic.in/pfa%20acts%20and%20rules.pdf](http://www.mohfw.nic.in/pfa acts and rules.pdf)),
and any subsequent notifications.

VII\. Artificial Sweeteners

The following artificial sweeteners may be used in selected food
articles, subject to limits prescribed in the PFA rules.

1.  Saccharin Sodium

2.  Aspertame (methylester)

3.  Acesulfame Potassium

4.  Sucralose

For details on specific use and other terms and conditions relating to
artificial sweeteners, please see Part VIII (Section 47) of the PFA
Rules updated on October 1, 2004,
([www.mohfw.nic.in/pfa%20acts%20and%20rules.pdf](http://www.mohfw.nic.in/pfa acts and rules.pdf)),
and any subsequent notifications.

# APPENDIX III. COMMODITY-SPECIFIC FAIRS REPORTS SUBMITTED SINCE LAST FAIRS COUNTRY REPORT

  ------------------- ---------------------------------------------------
  **Report No. and    **Topic**
  Date**              

  IN5089, 08/16/05    GOI Extends the Ban on Imports of Poultry Products

  IN5113, 10/06/05    GOI Publishes Draft PFA Rules Amendment Regarding
                      Food Additives

  IN5114, 10/07/05    Plant Quarantine(Regulation of Import into
                      India)(4^th^ Amendment) Order 2005

  IN 5115, 10/07/05   GOI Notifies Amendment Pertaining to Dairy Products
                      to the PFA Rules

  IN5134, 12/29/05    GOI Publishes Draft PFA Rules Amendment Regarding
                      Labeling of Packaged Food

  IN6005, 01/24/06    Standards for Vegetable Oils

  IN6008, 02/17/06    GOI Extends the Ban on Imports of Poultry Products

  IN6011, 02/24/06    GOI Publishes an Amendment to the PFA Rules
                      Pertaining to Food Additives

  IN6012, 02/24/06    Prevention of Food Adulteration (First Amendment)
                      Rules, 2006

  IN6013, 02/24/06    Plant Quarantine (Regulation of Import into
                      India)(1^st^ Amendment) Order 2006

  IN6014, 02/24/06    Proposed Amendment to the PFA Rule Relating to
                      Pesticide Tolerance Limits

  IN6024, 03/24/06    GOI Proposes Amendment to the PFA Rules Regarding
                      Labeling of GM Foods

  IN6030, 04/11/06    Foreign Trade Policy Amendment Makes GMO
                      Declaration Mandatory for Imported Food Products

  IN6054, 07/13/06    Proposed Amendment to the PFA Rule Relating to Food
                      Recall

  IN6055, 07/13/06    Proposed Amendment to the PFA Rules Relating to
                      Pesticide Tolerance Limit on Imported Wheat

  IN6056, 07/14/06    Amendment to the Plant Quarantine Order, 2003,
                      Relating to Wheat Imports
  ------------------- ---------------------------------------------------

Any questions regarding Indian food and agricultural import regulations
and standards may be directed to the Agricultural Counselor's Office at
the US Embassy, New Delhi:

###### Counselor for Agricultural Affairs

**American Embassy, New Delhi**

**Department of State**

**Washington, DC 20521-9000**

**Phone: (91-11) 24198000**

**Fax: (91-11) 24198530**

**E-mail: <AgNewDelhi@usda.gov>**