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India regulates the sale and import of genetically modified or engineered organisms
New Delhi, India
May 22, 2006

Source: Press Information Bureau - Government of India

The Union Health and Family Welfare Ministry have notified draft rules to amend the Prevention of Food Adulteration Rules, 1955 to regulate the sale and import of Genetically modified or engineered organisms obtained through modern biotechnology and to ensue mandatory labeling of all such products in order to provide correct information to consumer about the nature of food being purchased by them for consumption.

            The draft rules in the notification will be taken into consideration after the expiry of 60 days.  The objections or suggestions in respect of draft rules may be addressed to the Secretary, Union Ministry of Health & Family Welfare.

The following is the text of the draft rules as notified in the Gazette of India: Extraordinary.

1.         (1) These rules may be called the Prevention of  Food Adulteration. (……………..Amendment) Rules, 2006.

            (2) They shall come into force on the date of their final publication in the Official Gazette.

2.         In the Prevention of Food Adulteration Rules, 1955 (hereinafter referred to as the said rules), after rule 37D, the following shall be inserted, namely:

            (i)  “37-E Labeling of Genetically Modified Food: - Genetically engineered or modified Foods means food and food ingredients composed of or containing genetically modified or engineered organisms obtained through modern biotechnology, or food and food ingredients produced from but not contained genetically modified or engineered organisms obtained through modern biotechnology:

                        In addition to the labeling provisions as prescribed under these rules, the Genetically Modified Food shall also conform to the following labeling requirements:   

(a)        a GM food, derived there from, whether it is primary or processed or any ingredient of food, food additives or any food product that may contain GM material shall be compulsorily labeled, without any exceptions;

(b)        the label of all package(s) of GM Food(s) or foods containing ingredients derived from Biotechnology or Bioengineering or food additives or any food product that may contain GM material shall indicate that they have been subject to genetic modification.  These provisions will be applicable to all such products both imported or domestically produced; and

(c)        the label of imported GM Food or derived there from, whether it is primary or processed or any ingredient of food, food additives or any food product that may contain GM material shall also indicate that the product has been cleared for marketing and use in the country of origin so that the verification, if needed can be taken up with that country without having to resort to testing”

(ii)         After rule 48-E of the said rules, the following shall be inserted, namely:

            “48-F Restriction on Sale of Genetically Modified Food: - No person shall except with approval of and subject to the conditions that may be imposed by the Genetic Engineering Approval Committee (GEAC) constituted under the Environment Protection Act, 1986, manufacture, import, transport, store, distribute or sell raw or processed food or any ingredients of food, food additives or any food product that may contain GM material in the country:

            Provided that in case of imported genetically modified foods, the importer shall submit documents supporting the purported clearance at the time of import.

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