Required Report - public distribution

**Date:** 9/27/2006

**GAIN Report Number:** IN6087

IN6087

**India**

**Export Certificate FAIRS Report**

**Food and Agricultural Import Regulation and Standards**

**2006**

**Approved by:**

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

U.S. Embassy, New Delhi

**Prepared by:**

Santosh Singh

**Report Highlights:**

Export certification requirements for imports of food products,
including packaged foods, in India are evolving, complex, and
non-transparent. A recent amendment to the Foreign Trade Policy
(2004-2009) regulations specifies new requirements on imports of food
containing genetically modified (GM) ingredients, which include prior
approval of the GM event and compulsory declaration at the time of
importation.

Includes PSD Changes: No

Includes Trade Matrix: No

Annual Report

New Delhi \[IN1\]

\[IN\]

# Table of Contents

[SECTION I: LIST OF REQUIRED EXPORT CERTIFICATES
3](#section-i-list-of-required-export-certificates)

[SECTION II: PURPOSE OF THE EXPORT CERTIFICATES
4](#section-ii-purpose-of-export-certificates)

[SECTION III: SPECIFIC ATTESTATION REQUIRED ON THE EXPORT CERTIFICATE
4](#section-iii-specific-attestation-required-on-the-export-certificate)

[SECTION IV: GOVERNMENT CERTIFICATE LEGAL ENTRY REQUIREMENTS
4](#section-iv-government-certificate-legal-entry-requirements)

[SECTION V: OTHER CERTIFICATION OR ACCREDITATION REQUIREMENT
5](#section-v-other-certification-or-accreditation-requirements)

#  

# SECTION I: LIST OF REQUIRED EXPORT CERTIFICATES

+-----------+------------+-------------+------------------+-----------+
| >         | > Title of | >           | ###### Purpose   | R         |
|  Products | > C        | Attestation |                  | equesting |
|           | ertificate | > required  |                  | Ministry  |
|           |            | > on        |                  |           |
|           |            | >           |                  |           |
|           |            | Certificate |                  |           |
+-----------+------------+-------------+------------------+-----------+
| > Plants  | > Phy      | >           | > Prevent        | Ministry  |
| > and     | tosanitary |  Additional | > introduction   | of        |
| > Plant   | > C        | >           | > of exotic      | Ag        |
| >         | ertificate | declaration | > pests and      | riculture |
|  Products |            | > per the   | > diseases.      |           |
|           |            | > specific  |                  |           |
|           |            | >           |                  |           |
|           |            |  conditions |                  |           |
|           |            | > mentioned |                  |           |
|           |            | > in the    |                  |           |
|           |            | > import    |                  |           |
|           |            | > permit.   |                  |           |
|           |            | > 1/        |                  |           |
+-----------+------------+-------------+------------------+-----------+
| > Animals | > Sanitary | >           | > Prevent        | Ministry  |
| > and     | > Health   |  Additional | > introduction   | of        |
| > Animal  | > C        | >           | > of exotic      | Ag        |
| >         | ertificate | declaration | > pests and      | riculture |
|  Products |            | > per the   | > diseases, and  |           |
|           |            | > specific  | > avoid human    |           |
|           |            | >           | > health risks   |           |
|           |            |  conditions | > due to         |           |
|           |            | > mentioned | > microbial &    |           |
|           |            | > in the    | > chemical       |           |
|           |            | > import    | > contamination. |           |
|           |            | > permit.   |                  |           |
|           |            | > 2/        |                  |           |
+-----------+------------+-------------+------------------+-----------+

Notes:

1/ For specific conditions applicable for different commodities, please
refer to the Plant Quarantine (Regulation of Imports Into India) Order
2003, as amended, at:
[www.plantquarantineindia.org/PQO_amendments.htm](http://www.plantquarantineindia.org/PQO_amendments.htm)

2/ The specific conditions applicable for different dairy and animal
products may not be readily available. However, general procedures for
the importation of livestock and related products to India under the
Livestock Importation Act, 1898, are available at:
<http://dahd.nic.in/order/livestockimport.doc>

## Processed Food Products

India's current import regulations do not require any specific export
certificates from the country of origin for imports of processed food
products, including products in consumer packages. However, all
processed food and beverages products imported into India should meet
requirements under various domestic food laws, such as:

-   The Prevention of Food Adulteration (PFA) Act, 1954, and PFA Rules
    of 1955, as amended.

-   The Standards and Weights and Measures Act, 1976

-   Meat Food Products Order, 1992

-   Milk and Milk Products Order, 1992

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```
-   Fruit Products Order, 1955

Imported food products such as milk powder, condensed milk, and infant
food should comply with Indian quality standards
(<http://bis.org.in/cert/man.htm>)

Domestic food laws/standards apply equally to domestic and imported
products. At the port of entry, the food products are sampled and tested
by inspectors from the Ministry of Health, and the consignment is
cleared only if it meets the requirements of the domestic
laws/standards. Details on Indian food laws are available in our "Food
and Agricultural Import Regulations and Standards Country Report 2006"
(IN6066), which can be accessed via the USDA/FAS website:
[www.fas.usda.gov](http://www.fas.usda.gov/).

Foods With Genetically Modified (GM) Ingredients

On April 7, 2006, the Directorate General of Foreign Trade (DGFT),
Ministry of Commerce and Industry, announced amendments to the Foreign
Trade Policy (2004-2009) regulations, which includes new requirements on
imports of GM foods, food additives, or any food products that contains
GM ingredient (refer IN6030 for details)[^1]. Accordingly, all import
consignments containing GM products will have to carry a declaration to
that effect, failure of which would make the importer liable to penal
action. Furthermore, imports of such products will require prior
approval from the government's Genetic Engineering Approval Committee
(GEAC). The GEAC approval is required for the GM event in the food
consignment, and the approval can be used for multiple shipments. The
new rules became effective July 7, 2006.

# SECTION II: PURPOSE OF EXPORT CERTIFICATES

Historically, India maintained a highly restrictive import market for
food and agricultural products. Although quantitative import
restrictions on most agricultural products were removed effective April
1, 2001, non-tariff barriers, including phytosanitary and sanitary
restrictions, were introduced.

Imports of plants and plant products are subject to a \"Bio-security &
Sanitary-Phytosanitary Import Permit\" issued by the Department of
Agriculture and Cooperation, Ministry of Agriculture, per the conditions
of the Plant Quarantine (Regulation of Imports into India) Order (PQO)
2003, as amended. The importer applies for an import permit and submits
it to the exporter, who in turn acquires the required phytosanitary
certificate from the exporting country's authorities. The relevant
authority in the country of export issues the phytosanitary certificate
based on the specific conditions as stated on the import permit.

Imports of animals and animal products (including meat and meat
products) are subject to a \"Sanitary Import Permit\" issued by the
Department of Animal Husbandry and Dairying, Ministry of Agriculture,
per the conditions of the Livestock Importation Act, 1898. The relevant
authority in the country of export must issue a sanitary certificate
based on the specific conditions as stated on the import permit.

# SECTION III: SPECIFIC ATTESTATION REQUIRED ON THE EXPORT CERTIFICATE

The attestation for both of the above mentioned export certificates
should meet all specific conditions stated in the respective import
permits. These conditions vary from commodity to commodity, and may
change over time.

# SECTION IV: GOVERNMENT CERTIFICATE LEGAL ENTRY REQUIREMENTS 

The original export certificates should accompany each individual export
consignment of the product at the time of entry into India. The
government of India does not accept export declarations by suppliers or
manufacturers as proof of compliance. However, in certain cases, the
Government of India may allow export certificates containing specific
declarations from the import permit by organizations accredited by the
government of the exporting country. The government of the exporting
country has to apply to the Ministry of Agriculture for this special
approval.

# SECTION V: OTHER CERTIFICATION OR ACCREDITATION REQUIREMENTS

# Certificate of Origin

A certificate of origin issued by the relevant authority of the
exporting country's government, state government, industry association,
or manufacturer/supplier should accompany the export consignment of all
food and agricultural products, including processed and packaged food.

This certificate should mention the order number, container number, port
of discharge, buyer's name, and product description, in addition to a
declaration along the following lines:

"The undersigned for (relevant organization) declares that the following
mentioned goods as consigned above (or below) are the products of the
United States of America (or any country of origin). We hereby certify
the goods to be of United States of America (or any country) origin."

# Importer Declaration of GM Food

The DGFT has made it mandatory that importers of GM food and ingredients
should submit a declaration to the effect that the imported consignment
contains genetically modified products. The importer has to provide
particulars of the prior GEAC approval (number and date) of the
specified GM event in consignment declaration. There is no official
prescribed format for such a declaration.

[^1]: On May 4, 2006, government deferred the implementation of the new
    regulation up to July 7, 2006.

    On July 20, 2006, government exempted imports of soybean oil from
    the provisions of the regulations till March 31, 2007.