Draft Rules to Amend Prevention of Food Adulteration Rules 1955 (to include GM labelling)

Copy of NOTIFICATION dated 10th March 2006

The following draft of certain rules further to amend the Prevention of Food Adulteration Rules, 1955, which the Central Government, after consultation with the Central Committee for Food Standards, proposes to make, in exercise of the powers conferred by sub-section (1) of section 23 of the Prevention of Food Adulteration Act, 1954 (37 of 1954), is hereby published, as required by the said sub-section, for the information of all persons likely to be affected thereby, and notice is hereby given that the said draft rules will be taken into consideration after the expiry of a period of sixty days from the date on which copies of the Official Gazette in which this notification is published, are made available to the public.

2. (1) Objections or suggestions, if any, in respect of the draft rules, may be addressed to the Secretary, Ministry of Health and Family Welfare, Government of India, Nirman Bhavan, New Delhi – 110 011.

(2) The objections and suggestions, which may be received from any person with respect to the said draft rules before the expiry of the period so specified, will be considered by the Central Government.                  

DRAFT RULES

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 ingredient 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.”  

Sd/-

(Rita Teaotia)

Jt.Secretary

G.S.R.152(E)

F.No.P.15014/14/2005-P.H. (Food)

Issued by: Ministry of Health and Family Welfare

(Department of Health) New Delhi.

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