Import of genetically modified products
As per condition 18 of the general notes regarding import policy of the Foreign Trade Policy announced on 7th April, 2006, import of Genetically Modified Food, Feed, Genetically Modified Organism (GMO) and Living Modified Organism (LMO) are subject to the following conditions.
(a) The import of GMOs / LMOs for the purpose of (i) R & D; (ii) Food; (iii) Feed; (iv) Processing in Bulk and (v) For Environment release will be governed by the provisions of the Environment Protection Act, 1986 and Rules 1989.
(b) The import of any Food, Feed, raw or processed or any ingredient of food, food additives or any food product that contains GM material and is being used either for Industrial production, Environmental release, or field application will be allowed only with the approval of the Genetic Engineering Approval Committee (GEAC).
(c) Institutes / Companies who wish to import Genetically Modified material for R & D purposes will submit their proposal to the Review Committee for Genetic Modification (RCGM) under the Department of Bio-Technology. In case the Companies / Institutes use these Genetically Modified material for commercial purposes, approval of GEAC is also required.
(d) At the time of import all consignments containing products which have been subjected to Genetic Modification will carry a declaration stating that the product is Genetically Modified. In case a consignment does not carry such a declaration and is later found to contain Genetically Modified material, the importer is liable to penal action under the Foreign Trade (Development and Regulation) Act, 1992.
Vide Notification No. 4/2006 dated 04.05.2006, this condition no. 18 has been kept in abeyance till 07.07.2006. Now, what happens if these products are exported from other countries prior to 07.07.2006 but reach India after 07.07.2006? Are the conditions applicable for such imports? DGFT has now clarified that where the bill of lading is 6th July 2006 or earlier, condition 18 would not apply. All those who want to import genetically modified products should get them loaded in the foreign ports before 7th July to avoid the rigours of condition 18.
DGFT Circular No. 9/2006 dated 13.06.2006