FSSAI Regulations: Latest FSSAI Order on GM-Free Certificate for Imported Foods / Crops is Confusing & Vague

FSSAI Regulations: 
FSSAI Order on GM Free Certificate on imported Crops / Foods is Confusing & Vague

Techno-legal Analysis by:

Vijay SARDANA
Advocate, Delhi High Court

Techno-Legal Expert for Bio-economy

FSSAI issued an order (given below) on the need for GM-free certificate on imported products.

The language of the order has created serious confusion and may lead to litigations as well. Let us analyse the order.

• In the title of the order, it says, it is for "imported food consignments. In the copy, it says only non-GM crops are imported, in the annexure it mentioned the term "Crops" Should we conclude that FSSAI is using these terms interchangeably? (Legally  all these terms have different meanings, I am not sure what is the intention and message from FSSAI)
• If these terms are used as interchangeable terms, then the use of terms like "date of manufacturing or production" in certificate this clearly indicates that there is a lack of understanding within FSSAI about these terms or about the business practices around the world and within India.
• Why FSSAI does not demand the date of production from farmers, FCI and companies selling wheat, rice, pulses, etc and all the products mentioned in Annexure -1. 
• If there are not used interchangeably, then there is a serious legal implication and confusion because then every person is free to make his or her own interpretation and this will open a Pandora’s box for litigations and disputes including corruption.
• The information expected by the FSSAI in the form of a certificate needs a serious relook. If the notification is for the crops only, in that case why term manufacturing is used.
• Large consignments are from many fields or factories and consolidated. Can anyone provide the production with the date of production when there is a shipload of the consignment? What should be the entry by the government of India, the same certificate for basmati rice is to be issued by the Government of India?
• In bulk loading shipments of soybean oil, what should be the date of manufacturing/production/packing? Which date is prefered or expected by FSSAI? Can FSSAI issue a sample document and guidelines for the countries supplying soybean oil to India?
• Annexure 1: The annexure includes only crops or the products from these crops as well, this should be clarified by FSSAI. 
• Annexure 2: Let FSSAI come out with proper implementation guidelines for exporters, importers and port officials to avoid unnecessary litigations and disputes.
• Dispute resolution is missing: Why FSSAI is not providing any contact number and email of FSSAI officials in case there is a problem at Indian ports who should be contacts and approached under this order. This is important to make system accountable, transparent, to minimize chances of corruption and delays. 

Please note such vague orders also spoil diplomatic relations. 

Please see the order below:

FSSAI Order

Annexure -1 

Annexure -2

Hope FSSAI will issue clarifications and guidelines regarding this order.

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