4 What Are The Food
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+ 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 permissions.
Need knowledge of permitted additives in each food category and at what level.
Maximum residue levels (agricultural and veterinary chemicals) and maximum levels (contaminants).
Does this country have an MRL for this chemical? If not, does it adopt Codex MRLs or have zero 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 conditions.
Eg Novel foods, GM foods, irradiated foods.
Hygiene control systems for food production.
Eg HACCP approach mandated.
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.
8 Steps to India Helping Australian food companies export to India.
Update 29/07/2006
Page 1 of 6
+ 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 decisionmaking 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.
8 Steps to India Helping Australian food companies export to India.
Update 29/07/2006
Page 2 of 6
+ 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:
Specifies sanitation and hygiene requirements for slaughter-houses and manufacturers of meat products.
Contains packing, marking and labelling provisions for containers of meat products.
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:
A ban on the import of certain plants and planting materials from designated countries (eg sugarcane from Australia).
A restriction on the import of other plants and plant materials to authorised institutions, with additional declarations and special conditions attached.
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.
8 Steps to India Helping Australian food companies export to India.
Update 29/07/2006
Page 4 of 6
+ 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.
8 Steps to India Helping Australian food companies export to India.
Update 29/07/2006
Page 5 of 6
+ 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 permissions.
Need knowledge of permitted additives in each food category and at what level.
Maximum residue levels (agricultural and veterinary chemicals) and maximum levels (contaminants).
Does this country have an MRL for this chemical? If not, does it adopt Codex MRLs or have zero 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 conditions.
Eg Novel foods, GM foods, irradiated foods.
Hygiene control systems for food production.
Eg HACCP approach mandated.
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.
8 Steps to India Helping Australian food companies export to India.
Update 29/07/2006
Page 1 of 6
+ 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 decisionmaking 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.
8 Steps to India Helping Australian food companies export to India.
Update 29/07/2006
Page 2 of 6
+ 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:
Specifies sanitation and hygiene requirements for slaughter-houses and manufacturers of meat products.
Contains packing, marking and labelling provisions for containers of meat products.
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:
A ban on the import of certain plants and planting materials from designated countries (eg sugarcane from Australia).
A restriction on the import of other plants and plant materials to authorised institutions, with additional declarations and special conditions attached.
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.
8 Steps to India Helping Australian food companies export to India.
Update 29/07/2006
Page 4 of 6
+ 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.
8 Steps to India Helping Australian food companies export to India.
Update 29/07/2006
Page 5 of 6
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