* All information provided is subject to the disclaimer set out at the end of this document.

+ What are the food regulations?

+ Understanding a country’s food regulations
In addition to meeting a country’s sanitary and phytosanitary requirements, food must comply with
the local laws and regulations to gain market access. These laws ensure the safety and suitability of
food for consumers and, in some countries, laws also govern food quality and composition
standards.

Food regulatory requirements may be based on several factors such as whether a country adopts
international norms developed by the Codex Alimentarius Commission of the Food and Agriculture
Organisation of the United Nations and the World Health Organisation; good agricultural and
manufacturing practices; or has its own suite of food regulations.

Each country regulates food differently and has its own food regulatory framework. Usually more
than one agency is involved (e.g. health and agriculture), they may have centralised or regionally
controlled food regulations, and different agencies may be involved in enforcement activities.

+ Types of food safety and quality standards that apply in most countries
A. Safety standards Comments and examples
Food additives and processing aid Need knowledge of permitted additives in each
permissions. food category and at what level.
Maximum residue levels (agricultural Does this country have an MRL for this chemical?
and veterinary chemicals) and maximum If not, does it adopt Codex MRLs or have zero
levels (contaminants). tolerance?
Labelling and information requirements. Eg legibility and size of font, claims, warning
statements, ingredient lists, nutrition information.
Microbiological limits. Eg Listeria monocytogenes in ready-to-eat foods.
Nutrition composition requirements. Eg addition of vitamins and minerals.
Specific compositional requirements. Eg infant formula, specific product standards.
Specific pre-market clearance Eg Novel foods, GM foods, irradiated foods.
conditions.
Hygiene control systems for food Eg HACCP approach mandated.
production.
Enforcement system requirements. Auditing and inspection regimes, sampling
requirements.

B. Quality standards
Quality requirements for specific foods. Eg size and shape of fruit.
Compositional requirements. Eg minimum content of cocoa in chocolate,
specified content of fruit in jam.

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 + What are the food regulations?
Currently there are more than 20 Indian laws relating to food, and these are administered by various
ministries and departments.

Details of recent Indian food standards and SPS notifications are available from the United States
Department of Agriculture’s Foreign Agricultural Service website FASonline (under Attaché Reports).

Not all amendments to India’s food regulations are notified to the World Trade Organisation, however
most are detailed on the Indian Ministry of Health and Family Welfare website.

Exporters are advised to check Indian Government websites for any recent changes in food
regulations.

Further detailed background on India’s food regulatory environment is contained in the July 2005
USDA FAS GAIN Report No IN 5080 on India Food and Agricultural Import Regulations and
Standards. The report includes the following information on key food laws:

+ Food Safety and Standards Bill

India is enacting an integrated food law, the Food Safety and Standards Bill, 2005 to establish
science-based standards for articles of food and to regulate their manufacture, import, export,
storage, distribution, and sale.

The Bill, which is expected to pass through Parliament in 2006, brings all existing food-related
legislation under one umbrella and will involve the establishment of a Food Safety and Standards
Authority of India.

+ Prevention of Food Adulteration Act

A basic statute (Prevention of Food Adulteration Act (PFA) of 1954 and the PFA Rules of 1955, as
amended) protects India against impure, unsafe, and fraudulently labelled foods. The PFA
standards and regulations apply equally to domestic and imported products and cover various
aspects of food processing and distribution. These include food colour, preservatives, pesticide
residues, packaging and labelling, and regulation of sales. Further details are available from the
Ministry of Health and Family Welfare.

All imported products must adhere to the rules specified in the Act and its regulations, including
those covering labelling and marketing requirements. The PFA focuses primarily on the
establishment of regulatory standards for primary food products, which constitute the bulk of the
Indian diet.

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.

There is an appeals process for amending rules, although this is time-consuming. The Central
Committee for Food Standards, chaired by the Director General of Health Services, is the decision-
making entity.

+ Health claims
While implied nutritional and health claims are allowed – there are no statutory nutritional
requirements – such claims must be able to withstand verification in court if challenged.
Manufactured and imported food claiming to be enriched with nutrients, such as minerals, proteins or
vitamins, should indicate quantities on the label.

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 + Weights and measures
All weights or measures must be recorded in metric units and certain commodities can only be
packed in specified quantities (weight, measure or number). These include baby and weaning food,
biscuits, bread, butter, coffee, tea, vegetable oils, milk powder, and wheat and rice flour.

+ Shelf life
At the time of importation food products are required to have a valid shelf-life, or residual shelf-life, of
not less than 60 per cent of their original shelf-life. For more information, see the relevant notification
at the Government of India Ministry of Commerce and Industry.

+ Fruit Products Order

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 such processing units are required to obtain a license under the FPO, and periodic inspections
are carried out. Processed fruit and vegetable products imported into the country must meet the
FPO standards.

+ Meat Food Products Order

Regulations for the production of meat products are covered by the Meat Food Products Order, 1973
(http://agmarknet.nic.in/mfpo1973.htm). The order:

ƒ Specifies sanitation and hygiene requirements for slaughter-houses and manufacturers of meat
products.

ƒ Contains packing, marking and labelling provisions for containers of meat products.

ƒ Defines the permissible quantity of heavy metals, preservatives, and insecticide residues in
meat products.

The Directorate of Marketing and Inspection at the Ministry of Agriculture is the regulatory authority
for the order, which is equally applicable to domestic processors and importers of meat products.

+ Livestock Importation Act

India has established procedures for the importation of livestock and associated products under the
Livestock Importation Act, 1898.

Under the regulations, the import of meat products, eggs and egg powder and milk products require
a sanitary import permit from the Department of Animal Husbandry, Dairying and Fisheries at the
Ministry of Agriculture.

A detailed import risk analysis is carried out, taking into account the disease situation prevailing in
the exporting country compared with the disease situation in India.

+ Milk and Milk Products Order

The production, distribution and supply of milk products is controlled by the Milk and Milk Products
Order, 1992. The order sets sanitary requirements for dairies, machinery, and premises, and
includes quality control, certification, packing, marking and labelling standards for milk and milk
products. Standards specified in the order also apply to imported products. The Department of
Animal Husbandry, Dairying and Fisheries in the Ministry of Agriculture is the regulatory authority.

8 Steps to India Helping Australian food companies export to India. Update 29/07/2006 Page 3 of 6
 + Plant Quarantine Order
India introduced the Plant Quarantine (Regulation of Import into India) Order in 2003 to prohibit and
regulate the import of agricultural articles. Orders include:

ƒ A ban on the import of certain plants and planting materials from designated countries (eg
sugarcane from Australia).

ƒ A restriction on the import of other plants and plant materials to authorised institutions, with
additional declarations and special conditions attached.

ƒ A requirement for additional declarations (such as a phytosanitary certificate issued by the

exporting country) and special conditions for a further positive list of plants and plant materials.

The Order, with amendments, is available at The Department of Agriculture and Cooperation as well
as the Plant Quarantine Organisation of India. The implementing agency is the Directorate of Plant
Protection, Quarantine, and Storage, under the Department of Agriculture and Cooperation, Ministry
of Agriculture.

+ Food additives
Information on permitted colouring, preservatives, flavouring agents etc. can be found in various
sections of the Prevention of Food Adulteration Rules, 1955 in the Prevention of Food Adulteration
section of the Ministry of Health and Family Welfare website.

In 2004 India removed permission for xanthan gum to be used as a food additive (through Rule 13 of
the Prevention of Food Adulteration (1st Amendment) Rules, 2004* The decision was made despite
the fact that the gum is widely authorised for use in food around the world and is included in the
General Standards for Food Additives (GSFA) agreed by the Codex Committee on Food Additives
and Contaminants.

The move created widespread concern among India’s trading partners, including the EU, and in 2005
its use was reinstated as an additive in certain classes of food.

DAFF is currently coordinating an approach to the Department of Health and Family Services on
behalf of the Australian food industry to broaden the classes of food that can include xanthan gum as
an additive.

+ Pesticides and other contaminants

There are currently about 200 pesticides registered in India and the Maximum Residue Limits
(MRLs) permissible in food commodities can be found in Part XIV of the Prevention of Food
Adulteration Rules, and in amendments to these rules notified on the Prevention of Food Adulteration
section of the Ministry of Health and Family Welfare website.

For imported foodstuffs when the pesticides are not included in the Indian list, zero tolerance
generally applies. However, there are exceptions to this rule and Australian exporters are advised to
check with Indian importers before exporting.

+ Genetically modified foods

The importation of any food or food ingredient, additive or product containing genetically modified
material is allowed only with the approval of the Genetic Engineering Approval Committee.

Labelling of all genetically modified foods is mandatory and all consignments must carry a
declaration if they contain products that have been subjected to genetic modification. The relevant
notification can be found at the Ministry of Commerce and Industry

Further information on India’s biotechnology policy can be found at the Indian Government’s
Department of Biotechnology.

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 + Halal certification
Halal certification for imported foodstuffs is not required by Indian authorities.

However, exporters wanting to certify meat and meat products as Halal for export to India for
commercial purposes should discuss the matter with the source establishment to ensure
arrangements are in place (eg the establishment has an Australian Quarantine and Inspection
Service (AQIS) approved arrangement permitting the Halal production of meat and meat products
and the establishment is under the supervision of an Islamic Certifying Organisation) in accordance
with the Australian Export Control (Meat and Meat Products) Orders, 2005.

+ Other specific regulations

The Prevention of Food Adulteration Rules, 1955 and the Fruit Products Order, 1955 contain
definitions and specific quality standards for certain food products such as spice mixes, milk and milk
products, infant food, vegetable oils and margarine, fruit and vegetable products and basic food
products such as rice, wheat and pulses.

Exporters should regularly check the Prevention of Food Adulteration section of the Ministry of
Health and Family Welfare website for amendments to regulations.

* It is common for Indian websites to include content in both Hindi and English – scroll down for the
English content.

Links in this document:

FASonline (http://www.fas.usda.gov/scripts/agexport/reportbycategory.asp?cat=F2)
Indian Ministry of Health and Family Welfare (http://mohfw.nic.in/pfa.htm)
USDA FAS GAIN Report No IN 5080 (http://www.fas.usda.gov/gainfiles/200507/146130350.pdf)
Food Safety and Standards Bill, 2005 (http://mofpi.nic.in/foodsfty.htm)
Ministry of Health and Family Welfare (http://mohfw.nic.in/pfa.htm)
Govt of India Ministry of Commerce and Industry (http://dgftcom.nic.in/exim/2000/not/not01/not2201.htm).
Fruit Products Order, 1955 (FPO) (http://mofpi.nic.in/fpoact.pdf),
Meat Food Products Order, 1973 (http://agmarknet.nic.in/mfpo1973.htm).
Livestock importation procedures (http://dahd.nic.in/order/livestockimport.doc)
Milk and Milk Products Order, 1992 (http://dahd.nic.in/order/mmpo.doc)
The Dept of Agriculture and Cooperation plant quarantine (http://agricoop.nic.in/gazette/gazette.htm)
Plant Quarantine Organisation of India (http://www.plantquarantineindia.org/PQO_amendments.htm)
Prevention of Food Adulteration (http://www.mohfw.nic.in/pfa.htm)
Prevention of Food Adulteration (1st Amendment) Rules, 2004* (http://www.mohfw.nic.in/GSR%20388(E).pdf)
Xanthan gum reinstated (http://www.mohfw.nic.in/F18521032005.pdf)
Registered Pesticides (http://cibrc.nic.in/reg_products.htm)

Australian Quarantine and Inspection Service (AQIS) (http://www.aqis.gov.au)

Australian Export Control (Meat and Meat Products) Orders, 2005.
http://www.comlaw.gov.au/comlaw/management.nsf/lookupindexpagesbyid/IP200506347?OpenDocument

+ Disclaimer
The information in this document is provided for general information only and while every attempt is
made to ensure its accuracy it may be out of date or incorrect. Therefore you should not rely on this
information, but rather must make your own enquiries directly with relevant organisations and
agencies locally and in India prior to taking any steps or making any decisions in relation to exporting
goods to India. National Food Industry Strategy Ltd will not be liable for any losses or costs you
might incur as a result of relying on the information in this document.

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