   
  
G/SPS/GEN/2085  
 
16 November 2022 
(22-8512) 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 11 November 2022, is the statement made by the United 
States of A merica at the 9-11 November 2022 WTO SPS Committee, and is being circulated at the 
request of the Delegation of the United States  of America . 
 
_______________  
 
 
1.  The United States has repeatedly raised its concerns regarding the Order in the past six 
SPS Committee meetings, most recently in June of this year, as documented in G/SPS/GEN/2045 . 
2.  The United States notes that India still refuses to furnish an explanation of the scientific basis 
and risk assessment which justifies this non -GM certificate requirement on a consignment basis for 
the 24 crops listed in the Order.  
3.  India has stated that the requirement to regulate the import of "GM" food is not new, as outlined 
in the Environmental Protect ion Act (1986), and that the requirement has not caused trade 
disruptions.  
4.  The United States must stress that the requirement of a non -GM certificate on a consignment 
basis was first ordered in 2020, and since its entry into force the Order has caused trad e disruptions 
for US exports, most notably apples and rice.  
5.  The United States asserts that instances of compliance by other countries, and India's own 
issuance of similar certificates, do not constitute sufficient justification for this Order, and 
furtherm ore the Order must be notified to the SPS Committee.  
6.  The United States once again reiterates its desire to engage in technical cooperation with FSSAI 
and urges India to immediately withdraw this measure.  
__________  