G/SPS/GEN/1804  
 
2 July 2020 
(20-4586) Page: 1/2 
Committee on Sanitary and Phytosanitary Measures  Original: English  
 
 
INDIA'S NEW REQUIREM ENTS FOR ANIMAL FEED  IN THE FOOD SAFETY AND STANDARDS 
ACT, 2006 (DATED 27 JANUARY 2020)  
SUBMISSION  BY THE UNITED STATES  
The following document , received on 26 June 2020, is being circulated at the request of the 
delegation of the United Sta tes. 
 
_______________  
1.1.  The United States is  concerned with India 's new directive on animal feed  adopted on January 
27, 2020, with a July 27 implementation date.  This measure was notified in part  as 
G/SPS/N/IND/249  on 26 February 2020.  
1.2.  We believe this measure will have a significant impact on trade in feed ingredients, and 
potentially on trade in meat and dairy products derived from livestock fed such ingredients in another 
country.  
1.3.  The Foo d Safety and Standards Authority of India (FSSAI) in January 2020 published this 
measure in two parts:  
• Part One, entitled "Direction under 16(5) of Food Safety and Standards Act, 2006 
regarding compliance of commercial feeds/feed materials intended for foo d producing 
animals with the relevant BIS standards " is available on the FSSAI website.1 This measure 
has not been notified the WTO.  
• Part Two of this measure, entitled "Direction under 18(2)(d) read with section 16(5) of 
Food Safety and Standards Act, 200 6 regarding operationalisation of Food Safety and 
Standards (Food Products Standards and Food Additives) amendment Regulations, 2020 " 
is also available on the FSSAI website.2 Part Two was notified as G/SPS/N/IND/249 . 
1.4.  The United States has both procedural and substantive concerns. F irst, the United States is 
concerned that India has issued these measures in final, without proper notification or opportunity 
to comment and have our comments taken into account.  
1.5.  Further, the United States is concerned that a 6 -month transition period pr ior to entry into 
force is insufficient for exporters to adjust supply chains, particularly in light of the COVID -19 
pandemic.  We urge India to delay implementation of this directive until it is notified for comment 
and to provide a transition period suffi cient to allow operators to adjust supply chains without undue 
disruption.  
 
1See: 
https://fssai.gov.in/upload/advisories/2019/12/5def78627ba0eDirection_Feed_Animal_BIS_10_12_2019.pdf  
See also: 
https://fssai.gov.in/upload/advisories/2020/01/5e313047e761aDirection_Meat_Milk_Feed_29_01_2020.pdf  
And: 
https://www.fssai.gov.in/upload/advisories/2020/01/5e32c60fd8801Corrigendum_Direction_Meat_Milk_Feed_3
0_01_2020.pdf  
2https://www.fssai.gov.in/upload/advisories/2020/01/5e31306a72882Direction_FSS_Product_Animal_F
eed_29_01_2020.pdf  G/SPS/GEN/1804  
 
- 2 - 
 
  1.6.  With respect to substantive concerns, Part One of the measure appears to make mandatory a 
voluntary guidance document from 2009 entitled, "Indian Standard, Compounded Feeds for 
Cattle - Specification. " According to this 2009 document, India only allows for import those feed 
types listed in the document.  
1.7.  This list, which appears not to have been updated for many years, omits many commonly used 
feed ingredients such as distiller's  dried grains with solubles (DDGS), alfalfa, timothy hay, and 
several types of essential supplemental vitamins.  Please clarify if there is a process by which such 
feed products may be added to the list. Could the United States or other trade partners submit a list 
of products to be considered?  
1.8.  We request that India clarify if this regulation will also apply to domestic farms that 
manufacture feed, and, if so, how Indian regulators will monitor and enforce such requirements.  
1.9.  Turning to Part Two, we note that the January 27 directive includes language that amends 
requirements for meat and meat products and dairy products as detailed in the 2011 FSSAI Food 
Product Standards and Food Additives regulations.  
1.10.   The last Food Additive  compendium is dated 29 March 2019 and includes the text in Part Two, 
notified to the WTO on 26 February 2020.  We ask that India take steps to ensure that any changes 
to its FSSAI Food Additive requirements that could impact imported products be notified t o the WTO 
at an early and appropriate stage.  
 
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