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3.173. (...) Over the review period, several regulations to implement the Food Safety and Standards Act, 2006, were adopted; these are related to, inter alia, food or health supplements, the food-recall procedure, imports (e.g. licensing of food importers, clearance, and sampling and analysis)172, organic food, and packaging.

3.174. The Plant Quarantine (Regulation of Import into India) Order, 2003 (PQ Order 2003) (as amended) and the Destructive Insects and Pests Act, 1914, are the main pieces of legislation that regulate India's National Plant Protection Organization (NPPO). The main objective of this legislation is to prevent the introduction of exotic pests posing a threat to agriculture; thus, they are amended as required by the changing phytosanitary conditions. To prevent the introduction and/or spread of quarantine pests and ensure their control, imports of plants/plant products (for consumption and propagation); germplasm/genetically modified organisms (GMOs)/transgenic plant material for research purposes; deleterious weed species; and live insects/fungi and other microbial cultures/bio-control agents may be prohibited, restricted or regulated.

3.176. (...) Import (Pest) Risk Analysis (PRAs) involve: an evaluation of the risk of introducing a pest, its establishment, and spread potential; an assessment of the economic and environmental impact of its introduction; and the need to adopt risk-mitigating measures. It may also involve the visit of phytosanitary experts to the production site to carry out pre-shipment inspections and evaluate post–harvest treatment technologies and quarantine inspection, and certification facilities. The cost of such a visit is borne by the exporting country. In the event of interception of a quarantine pest in imported consignments, further imports are suspended until the earlier PRA is reviewed and the risk-mitigating measures are evaluated.

3.188. The Food Safety and Standard Authority of India (FSSAI) specifies the standards for ingredients, additives, contaminants, pesticide residues, and biological hazards. (...)

3.192. The manufacture, import, research and release of GMOs, and of GMO products, are regulated by the Rules for Manufacture, Use, Import, Export and Storage of Hazardous Micro-Organisms, Genetically Engineered Organisms or Cells, 1989, under the Environment (Protection) Act, 1986. In order to implement the Rules, six competent authorities were created under the Ministry of Environment, Forest and Climate Change (MoEF&CC) (Table 3.29).

3.193. The Review Committee on Genetic Manipulation (RCGM), in the MoEF&CC's Department of Biotechnology, developed the Guidelines and Standard Operating Procedures (SOPs) that regulate activities involving the use of GMOs in R&D and in industrial and environmental applications, to ensure human health and environmental safety. All projects are reviewed by the RCGM to ensure compliance with the Guidelines and SOPs; subsequently, the production, sale, importation and use of hazardous microorganisms, GMOs or cells may be restricted or prohibited.

Table 3.29 Competent authorities
Authorities; Role
Advisory
(...)

Regulatory/ approval:
Genetic Engineering Appraisal Committee (GEAC); Monitors the safety of research projects involving hazardous microorganisms, GMOs, and products thereof;
Review Committee on Genetic Manipulation (RCGM); Develops the Guidelines and Standard Operating Procedures (SOPs) to regulate the use of GMOs in R&D and in industrial and environmental applications;
Institutional Biosafety Committee (IBSC); Implements biosafety guidelines in institutions handling hazardous microorganisms and/or GMOs.

Monitoring:
State Biotechnology Coordination Committee (SBCC); Inspects, investigates and takes punitive action in the case of violations of statutory provisions. Periodically reviews the safety of measures applied at various institutions handling GMOs;
District Level Committee (DLC); Monitors the implementations of safety regulations in installations engaged in the use of GMOs/hazardous microorganisms, and their application in the environment.

3.194. The RCGM issues the clearance letters/import permits for GMOs; however, these must be authorized by the Genetic Engineering Approval Committee (GEAC). The RCGM may also visit the sites where recombinant DNA projects are carried out, to ensure compliance with the Guidelines and SOPs.

3.224. As with imports, India continues to grant special privileges to export certain products through STEs to, inter alia, (...) and ensure conservation and proper utilization of natural resources (minerals). [234]

[234] WTO document G/STR/N/15/IND, 8 November 2018.

3.228. Government procurement is estimated at 30% of GDP. [242]

[242] CCI, Competition Act, 2002: Provisions Relating to Public Procurement, Advocacy Series 9. Viewed at: https://www.cci.gov.in/sites/default/files/advocacy_booklet_document/pp.pdf; and OECD (2014), Smart Procurement – Going green: best practices for green procurement – India. Viewed at: https://www.oecd.org/governance/procurement/toolbox/search/india-best-practices-green-public- procurement-gpp-market-capacity-cost-benefit-assessment.pdf.