Annex 5B: Sectoral Annex on Food Products

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India-Singapore Comprehensive Economic Cooperation Agreement

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^{ANNEX 5B}

SECTORAL ANNEX ON FOOD PRODUCTS

^Introduction

Pursuant to Chapter 5, the Parties agree to this Sectoral Annex on Food Products for the purpose of facilitating trade between the Parties;

Recognising the importance of improving market access opportunities;

Recognising that the Parties operate different food inspection and certification systems; Noting that the Parties conduct conformity assessment of certain imported food products

before the products can be released for sale;

Noting that the conducting of conformity assessment by the importing Party may be reduced by the acceptance of a conformity assessment certificate issued by a competent conformity assessment body in the exporting Party to confirm that the importing Party’s appropriate level of sanitary/phytosanitary protection, or regulatory objectives are met;

The Parties have agreed:

Scope of Arrangement

1.1 This Sectoral Annex applies to the agreed food products listed in the Schedule to this Sectoral Annex, where they are :

(a) produced, processed or manufactured by an approved processor or manufacturer and exported from the territory of the exporting Party to the territory of the importing Party and

(b) are subject to the importing Party’s conformity assessment on arrival in the territory of that importing Party.

1.2 All rights and obligations in the WTO Agreement on the Application of Sanitary and Phytosanitary Measures and the Agreement on Technical Barriers to Trade shall apply to the extent that they are applicable to trade in the agreed food products listed in the Schedule.

³⁵⁰

^Definitions

2.1 For the purpose of this Sectoral Annex:

(a) approved processor or manufacturer means a processor or manufacturer of the agreed food products listed in the Schedule, approved by the competent conformity assessment body of the exporting country and where required also concurrently accredited, by the regulatory authority of the importing Party as listed in the Schedule

(b) competent conformity assessment body means the agreed body listed in the Schedule that is appointed to approve and conduct inspection on facilities and/or conduct conformity assessment activities on food product

in the territory of the exporting Party to confirm its compliance with the standards and/or mandatory requirements of the importing Party;

(c) conformity assessment means any activity concerned with determining that relevant food standards and/or mandatory requirements of the importing Party are fulfilled;

(d) food product means any product defined as food under the Sale of Food

Act in Singapore/ the Prevention of Food Adulteration Act 1954 in India as applicable;

(e) manufacture means an operation where raw materials are substantially transformed into a food product;

(f) process means any operation performed on the product or raw material and includes a process of manufacture but does not include processes which do not affect the composition of the product such as packing, labelling, trimming, cutting, sorting, storage and quality control inspections;

(g) produce means to wholly obtain or produce in a Party a vegetable harvested or an animal born or raised there or a good obtained from the animals born or raised there or a good obtained from hunting, trapping, fishing or aquaculture conducted there;

(h) regulatory authority means an authority of a Party that exercises a legal right to determine and/or enforce the standards and mandatory requirements of food products within its territory. There may be different

³⁵¹

^{regulatory authorities responsible for different products or
different}

aspects of standards/mandatory requirements.

Operation of the Arrangement

3.1 Relevant regulatory authorities designated by the Parties shall enter into discussion to identify food products under their jurisdiction that may be covered by this Sectoral Annex and thereafter enter into conformity assessment arrangements, on a product by product basis, for the purpose of ensuring that food products exported by a Party meet the food standards/mandatory requirements of the other Party;

3.2 The identified and agreed food products and their respective regulatory authorities, conformity assessment arrangements and the conformity assessment bodies shall be included in the Schedule attached to this Sectoral Annex and may be amended from time to time as mutually agreed by both Parties;

3.3 Subject to compliance with relevant conformity assessment arrangements, the importing Party shall recognise the conformity assessment certificates, issued by the relevant competent conformity assessment body of the exporting Party, that demonstrate compliance with food standards/mandatory requirements of the importing Party;

3.4 Where the importing Party identifies or suspects that food products for which conformity assessment certificates have been issued under paragraph 3.3 do not comply with its relevant standards/mandatory requirements, the importing Party may implement measures to ensure its appropriate level of sanitary protection or regulatory objectives are achieved. If a Party takes such measures, it shall notify the other Party within 15 days of taking the measures, giving its reasons.

Transparency, Information Exchange and Co-operation

4.1 The Parties shall co-operate and communicate in matters relevant to the development of food standards and mandatory requirements for food products covered under this Sectoral Annex, including, but not limited to:

(a) Notifying the other Party of any proposed changes to its food standards and/or mandatory requirements of food products covered by this Sectoral Annex at least 60 days before the changes come into effect, unless considerations of health^5B-1and food safety warrant emergency action. In

such emergency situations, notification shall be provided to the exporting

Party within one working day of the action taken.

^5B-1“health” includes animal, plant and human health.

³⁵²

^{(b) Notifying the other Party in writing of any change in its
regulatory}

authorities responsible for the implementation of any food products covered by this Sectoral Annex.

Review and Modification of the Sectoral Annex

5.1 The Parties undertake to review the contents and operation of this Sectoral Annex periodically as mutually agreed.

5.2 A Party may terminate this Sectoral Annex in its entirety by giving the other Party six months’ advance notice in writing.

³⁵³

^{APPENDIX 1}

EGG PRODUCTS TO SINGAPORE (PASTEURISED EGG POWDER OF WHOLE EGG, EGG

YOLK AND EGG ALBUMEN)

^{Regulatory Authorities (RA)}

For Singapore the RA shall be: Agri-Food and Veterinary Authority of

Singapore (AVA)

5 Maxwell Road #02-00

Tower Block, MND Complex

Singapore 069110

Republic of Singapore

Tel: (65) 62270670

Fax: (65) 62206068

Website: http://www.ava.gov.sg

^{For India the RA shall be: Export Inspection Council}

3^rdFloor, NDYMCA Cultural Centre

Building, 1, Jai Singh Road, New Delhi-

110001.

Telephone:91 11 23365540/

91 1123748025

Fax No. 91 11 23748186

Website:www.eicindia.org. E-mail:eic@eicindia.org

Role: Responsible for

(1) laying down mandatory standards for export of egg products with due recognition for compliance to standards of importing countries where they exist.

⁽²⁾	^{implementing certification}	^systems
	for certifying compliance	of egg

for export to specified

standards and for the purpose of this Mutual Recognition Agreement to Singapore standards.

(3) issuing health certificates for egg products exported to Singapore as per format finalised.

³⁵⁴

^{Directorate General of Health Services,}

Ministry of Health and Family Welfare, Room No.557, A Wing,

Nirman Bhawan, New Delhi,

Phone No.: 91 11 23012290, Fax No.:91 11 23012290

Website:www.mohfw.nic.in

Role: Responsible for

(1) laying down mandatory standards for egg products applicable to domestic industry as well as imported egg products.

(2) implementing a system for domestic/ import control to check compliance of egg products placed in the Indian market to the prescribed standards as notified in the Prevention of Food Adulteration Act, 1954.

Department of Animal Husbandry & Dairying,

Ministry of Agriculture,

Room No.337, Krishi Bhawan, New Delhi.

Telephone No.: 91 11 23389212

Fax No: 91 11 23389212

E-mail: dircpc@hub.nic.in

Website: www.dahd.nic.in

Role: Regulation of import through sanitary import permit under the provisions of Livestock Importation Act, 1898.

³⁵⁵

^{Competent Conformity Assessment Bodies}

For Singapore, this shall be: Agri-Food and Veterinary Authority of

Singapore (AVA)

5 Maxwell Road #02-00

Tower Block, MND Complex

Singapore 069110

Republic of Singapore

Tel: (65) 62270670

Fax: (65) 62206068

Website: http://www.ava.gov.sg

^{For India this shall be: Export Inspection Council}

3^rdFloor, NDYMCA Cultural Centre

Building, 1, Jai Singh Road, New Delhi-

110001.

Telephone:91 11 23365540/

91 1123748025

Fax No. 91 11 23748186

Website:www.eicindia.org. E-mail:eic@eicindia.org

Conformity Assessment Arrangement

For the purposes of this Appendix, accreditation means a documentary evaluation of a processor or manufacturer, on-site inspection by AVA of the processor or manufacturer’s facilities, and listing of the processor or manufacturer in AVA’s approved list of establishments for export of egg products to Singapore.^5B.1

Each consignment of egg products shall be accompanied by a health certificate issued by the competent conformity assessment body of the exporting Party as follows:

This Certificate attests that the Egg Products:

(a) have been subjected to a temperature of ____ degree C for ___ minutes and are free of pathogenic micro-organisms especially Salmonella micro- organisms;

^5B.1Subject to sufficient confidence being developed in the accredited establishments, and the

quality and food safety of the egg products from India, the AVA may consider modifying the accreditation arrangement, to allow the competent conformity assessment body in India to conduct the on-site inspection for the listing of the processor or manufacturer in AVA’s approved list of establishments for export of egg products to Singapore. The AVA may conduct audit checks on all establishments and products which have been accredited.

³⁵⁶

^{(b) have no added additive and/or colouring matters that are
injurious to}

health;

(d) are fit for human consumption

The competent conformity assessment body shall ensure that the egg products manufactured by the approved manufacturer meet the following microbiological standards:


Total Plate Count	_{1.0 x 10}⁵_{cfu/g or ml}

E. coli count	_{1.0 x 10}²_{cfu/g or ml}

Coagulase +ve S. aureus Count	Absent in 1g or ml

Salmonella	Absent in 25g or ml

E. coli O157:H7	Absent in 25g or ml

³⁵⁷

^{APPENDIX 2}

Dairy Products to Singapore (Milk Powder, Casein, Whey Protein Concentrate,

Natural and Processed Cheese)

^{Regulatory Authorities (RA)}

For Singapore the RA shall be : Agri-Food and Veterinary Authority of

Singapore (AVA)

5 Maxwell Road #18-00

Tower Block, MND Complex

Singapore 069110

Republic of Singapore

Tel: (65) 63250788

Fax: (65) 63244563

Website: http://www.ava.gov.sg

^{For India the RA shall be : Export Inspection Council,}

3^rdFloor, NDYMCA Cultural Centre

Building,

1, Jai Singh Road, New Delhi-110001,

Telephone No.: 91 11 23365540

91 11 23748025

Fax No. 91 11 23748186

E-mail: eic@eicindia.org

Website: www.eicindia.org

Role: Responsible for

(1) laying down mandatory standards for export of milk products with due recognition for compliance to standards of importing countries where they exist.

⁽²⁾	^implementing	^system
	for certifying	compliance of milk

for export to specified

standards and for purpose of this

MRA to Singapore standards.

(3) issuing health certificates for milk products exported to Singapore as per format finalised.

³⁵⁸

^{Directorate General of Health Services,}

Ministry of Health and Family Welfare, Room No.557, A Wing,

Nirman Bhawan, New Delhi.

Phone No: 91 11 23012290

Fax No: 91 11 23012290

Website: www.mohfw.nic.in

Role: Responsible for

(1) laying down mandatory standards for dairy products applicable to domestic industry as well as imported dairy products.

(2) implementing a system of domestic/import control to check compliance of dairy products placed

in the Indian market to the prescribed standards notified in the Prevention

of Food Adulteration Act, 1954.

Department of Animal Husbandry & Dairying,

Ministry of Agriculture,

Room No.337, Krishi Bhawan, New Delhi. Telephone No.: 91 11 23389212

Fax No: 91 11 23389212

E-mail: skshri@yahoo.com

Website: www.dahd.nic.in

^{Role: Regulation of import through sanitary}

import permit under the provisions of

Livestock Importation Act, 1898.

Competent Conformity Assessment Bodies

For Singapore, this shall be: Agri-Food and Veterinary Authority of

Singapore (AVA)

5 Maxwell Road #18-00

Tower Block, MND Complex

Singapore 069110

Republic of Singapore

Tel: (65) 63250788

Fax: (65) 63244563

Website: http://www.ava.gov.sg

³⁵⁹

^{For India this shall be: Export Inspection Council,}

3^rdFloor, NDYMCA Cultural Centre

Building,

1, Jai Singh Road, New Delhi-110001,

Telephone No.: 91 11 23365540

91 11 23748025

Fax No. 91 11 23748186

E-mail: eic@eicindia.org

Website: www.eicindia.org

Conformity Assessment Arrangement

For each consignment of dairy product (milk powder, casein, whey protein concentrate, natural and processed cheese) exported, the competent conformity assessment body in India shall issue a health certificate as follows:

Health Certificate for Dairy Products

a. Type of Product : b. Brand name : c. Packing type/Packing size : d. Batch number : e. Quantity :

^{f. Vessel/Vessel No.(if known) :}_{Flight/vessel/vehicle
No. _____}

g. Lot No./Shipping mark (if :

known)

h. Estimated Date of arrival :

(Day/month/year)

i. Manufacturer’s name and :

address

j. Exporter’s name and address :

k. Importer’s name and address :

l. Contact person and telephone :

number

⁽¹⁾

This is to certify that the consignment of milk products (indicate product) mentioned above has been made from milk subjected to double pasteurisation, at a pasteurisation temperature of at least 72 degree Celsius for 15 seconds.

^{ Delete where appropriate}

³⁶⁰

^{APPENDIX 3}

PACKAGED DRINKING WATER TO SINGAPORE

^{Regulatory Authorities (RA)}

For Singapore the RA shall be: Agri-Food and Veterinary Authority of

Singapore (AVA)

5 Maxwell Road #18-00

Tower Block, MND Complex

Singapore 069110

Republic of Singapore

Tel: (65) 63250788

Fax: (65) 63244563

Website: http://www.ava.gov.sg

^{For India the RA shall be: Export Inspection Council}

3^rdFloor, NDYMCA Cultural Centre

Building, 1, Jai Singh Road, New Delhi-110001.

Telephone:91 11 23365540/ 23748025

Fax No. 91 11 23748186

Website:www.eicindia.org. E-mail:eic@eicindia.org

Role: Responsible for

(1) laying down standards for exports of packaged water giving due recognition to mandatory standards of importing countries where they exist.

(2) implementing a certification system for certifying compliance of packaged drinking water for export to specified standards and for the purpose of this Mutual Recognition Agreement, to Singapore standards.

(3) issuing health certificates for packaged drinking water for export to Singapore as per the format finalised.

³⁶¹

^{Directorate General of Health Services,}

Ministry of Health & Family Welfare, Room No.557, A Wing,

Nirman Bhawan, New Delhi,

Telephone No.91 11 23012290

Fax No.: 91 11 23012290

Website:www.mohfw.nic.in.

Role: Responsible for laying down standards for packaged drinking water applicable for domestic industry and imported products as well as the manner of inspection and/or certification for checking compliance to prescribed standards before being placed in the Indian markets.

(i) Competent Conformity Assessment Bodies

For Singapore, this shall be: Agri-Food and Veterinary Authority of

Singapore (AVA)

5 Maxwell Road #18-00

Tower Block, MND Complex

Singapore 069110

Republic of Singapore

Tel: (65) 63250788

Fax: (65) 63244563

Website: http://www.ava.gov.sg

^{For India this shall be: Export Inspection Council}

3^rdFloor, NDYMCA Cultural Centre

Building, 1, Jai Singh Road, New Delhi-110001.

Telephone:91 11 23365540/ 23748025

Fax No. 91 11 23748186

Website:www.eicindia.org. E-mail:eic@eicindia.org

³⁶²

^{Conformity Assessment Arrangement}

Natural Mineral Water And Spring Water

^{Before an import into Singapore is allowed, a competent
conformity assessment}

body shall

(a) Issue an Authentication Certificate as follows:

This is to certify that ________________________ (here insert the brand)

_{natural mineral water/spring water}^_{is produced by}

______________________ (here insert the name and address of the manufacturer in India) from genuine natural mineral/spring water* obtained from ____________________ (here insert the source of the natural mineral water/spring water*).

(b) Provide a copy of the map showing the location of the source of the natural mineral water/spring water*.

For each consignment, India’s RA or a competent conformity assessment body shall issue a Health Certificate giving details of the consignment and certifying that the consignment of the product is safe for human consumption as follows:

(a) Details of the consignment

Brand Name	:
Type of Water	:
Packing Type/Size	:
Batch Number/ Expiry Date	:
Name & Address of Manufacturer	:
Consignee/Importer	:

^{(b) Details of results of microbiological analysis}

Total Colony Count per ml (37C for 48 hrs)	:
Coliform Count per 250 ml	:
E. coli per 250 ml	:
Fecal coliforms per 250 ml	:
Pseudomonas aeruginosa per 250 ml	:
Fecal streptococci per 250 ml	:
Sporulate sulphite-reducing anaerobes per 50 ml	:

^Delete where appropriate

³⁶³

^{(c) Details of results of chemical analysis}

Part 1 (for new products only)

Bicarbonates :

Calcium : Chloride : Magnesium : Potassium : Sodium : Sulphates : Part 2 (for all imported consignments)⁺

Arsenic :

Barium : Borate : Cadmium : Chromium : Cyanide : Fluoride : Iodine : Lead : Manganese : Mercury : Nitrate : Nitrite : Organic matter (Calculated as O₂₎: Selenium : Sulphide :

+ Requirements for chemical testing may be reduced to once a year if the test results of three consecutive consignments and subsequent monitoring are satisfactory.

(d) The consignment of the product is safe for human consumption.

Other Packaged Drinking Water

^{Before an import into Singapore is allowed, a competent
conformity assessment}

body shall issue a statement confirming that the product is produced by an approved manufacturer and stating the name and address of the manufacturer (or a copy of the licence showing all the above details).

For each consignment, a competent conformity assessment body shall issue a Health Certificate giving details of the consignment and certifying that the consignment of the product meets WHO Guidelines for Drinking Water Quality and is safe for human consumption as follows:

(a) Details of the consignment

Brand Name :

³⁶⁴

^{Type of Water :}

Packing Type/Size : Batch Number/ Expiry Date : Name & Address of Manufacturer : Consignee/Importer :

(b) Details of results of microbiological analysis

Total Colony Count per ml (37C for 48 hrs) ^:Coliform Count per 100 ml : E. coli per 100 ml : Fecal coliforms per 100 ml : Pseudomonas aeruginosa per 250 ml : Fecal streptococci per 250 ml :

Sporulate sulphite-reducing anaerobes per 50 :

^Antimony :

Arsenic : Barium : Boron : Cadmium : Chloride : Chromium : Copper : Cyanide : Fluoride : Lead : Mercury : Nickel : Nitrate : Nitrite : Selenium :

Trihalomethanes :

Bromodichloromethane : Bromoform : Chloroform : Dibromochloromethane :

+ Requirements for chemical testing may be reduced to once a year if the test results of three consecutive consignments and subsequent monitoring are satisfactory.

(d) The consignment of the product meets WHO Guidelines for Drinking

Water Quality and is safe for human consumption.

³⁶⁵

^{The competent conformity assessment body shall ensure
that the packaged}

drinking water manufactured by the approved manufacturer meet the following standards:

(ii)

Microbiological Standards:

(iii) Mineral/Spring water

^(iv)
ther Packaged Drinking Water

^Analysis

^Limits

^Analysis

^Limits

^{Total Colony count}

at 37^oC for 48 hr

^{Yes Not more than 100,000}

per ml

^{Yes Not more than 100,000}

per ml

Total coliforms Yes Not detectable per

250ml

Yes Not detectable per

100ml
Yes Not detectable per

(a) Fecal

coliforms

E coli

250ml

Yes Not detectable per

250ml

100ml

Yes Not detectable per

100ml

Fecal streptococci Yes Not detectable per

250ml

Yes Not detectable per

250ml

Pseudomonas aeruginosa

Sporulate sulphite- reducing anaerobes

Yes Not detectable per

250ml
Yes Not detectable per

50ml

Yes Not detectable per

250ml
Yes Not detectable per

50ml

^{(v) Chemical Standards}

(v) Mineral/Spring water

^(vi)
ther Packaged Drinking Water

Analysis Limits Analysis Limits

^{Antimony Yes Not more than}

0.005ppm

Arsenic Yes Not more than

0.05ppm

Barium Yes Not more than 1

ppm

Yes Not more than

0.01ppm
Yes Not more than

0.7ppm

³⁶⁶

^{Borate Yes Not more than}

30ppm calculated as H₃BO₃

Boron Yes Not more than

0.5ppm

Cadmium Yes Not more than

0.01ppm

Chromium Yes Not more than

0.05ppm

Yes Not more than

0.003ppm
Yes Not more than

0.05ppm

Copper Yes Not more than 2ppm

Cyanide Yes Not more than

0.01ppm calculated as CN^-

Fluoride Yes Not more than

2ppm calculated as

_F-

Iodine Yes Not more than

1ppm

Lead Yes Not more than

0.05ppm

Manganese Yes Not more than

2ppm

Mercury Yes Not more than

0.001ppm

Yes Not more than

0.07ppm

Yes Not more than

1.5ppm

Yes Not more than

0.01ppm

Yes Not more than

0.001ppm

Nickel Yes Not more than

0.02ppm

Nitrate Yes Not more than

45ppm calculated as NO₃^-

Nitrite Yes Not more than

0.005ppm calculated as NO₂^-

Yes Not more than

50ppm calculated as

NO₃^-

Yes Not more than 3ppm calculated as NO₂^-

Organic matter calculated as O₂

Yes Not more than

3ppm

Selenium Yes Not more than

0.01ppm

Sulphide Yes Not more than

0.05ppm calculated as H₂S

Yes Not more than 0.01

ppm

³⁶⁷

^{Trihalomethanes :}

Bromoform Dibromochloromethane Bromodichloromethane Chloroform

Yes

^{The sum of the ratio}
of the concentration of each to its respective limit value should not exceed 1

Not more than
100ppm
Not more than
100ppm
Not more than
60ppm
Not more than
200ppm

Chloride Yes

Sodium Yes Potassium Yes Calcium Yes Magnesium Yes Bicarbonates Yes Sulphates Yes

No specified standards. The
label of the product shall indicate the levels of these inorganic constituents.
Where the natural mineral water contains more than
600 ppm of sulphate other than calcium sulphate, the package containing the natural mineral water shall bear a statement indicating that the natural mineral water may be laxative.

Yes Not more than

250ppm

³⁶⁸