   
  
G/SPS/GEN/2114  
 
28 March 2023  
(23-2195) Page: 1/1 
Committee on Sanitary and Phytosanitary Measures  Original: English  
 
INDIA'S REQUIREMENT FOR CERTIFICATE FOR NON -GM ORIGIN  
AND GM-FREE STATUS – SPECIFIC TRADE CONCERN 501  
SUBMISSION BY THE UNITED STATES  OF AMERICA  
The following submission, received on 27 March 2023, is the statement made by the United States 
of Amer ica at the 22 -24 March 2023 WTO SPS Committee, and is being circulated at the request of 
the Delegation of the United States of America . 
 
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1.  The United States has repeatedly raised concerns with the Order requiring a "non -GM (genetically 
modified) origin and GM -free certificate" in the past seven SPS Committee meetings, most recently 
in November 2022, as documented in G/SPS/GEN/2085 . 
2.  In floor statements during the previous SPS Committee meetings, India asserted that the 
certification requirement is an assurance from com petent authorities that food crops exported to 
India are of non -GM origin and GM -free and cited several trade partners who are complying.  
3.  The United States acknowledges India's right to regulate products for food safety so long as those 
regulations are bas ed on scientific evidence and risk principles . However, India has still not provided 
the scientific justification for requiring a GM -free certificate for the twenty -four agricultural products 
covered by the Order.  
4.  The United States also notes that compliance with the GM -free certificate requirement is not 
evidence that the measure is consistent with the WTO SPS Agreement.  
5.  The United States once again requests that India immediately revoke this trade restrictive 
measure and engage in further dialogue  to find alternatives that address India's legitimate 
SPS concerns and facilitate safe trade.  
 
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