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UK – India Free Trade Agreement (FTA) – Joint FSS and FSA Section 42 advice

Content: Advice

Published by:

  • Food Standards Scotland
  • Food Standards Agency

14. Conclusions

14.1    We have reviewed the legal text governing the UK-India CETA, focusing specifically on its implications for statutory protections in food safety and nutrition. Based on our analysis, the FSA and FSS conclude the following:

  • The agreement respects the UK Government’s and devolved administrations’ right to make their own decisions on food safety and nutrition.
  • Ministers across the UK will remain responsible for food safety regulations, advised by robust, science-based evidence from the FSA and FSS. This approach is essential to maintaining strong protections going forward.
  • The agreement aligns with the UK’s commitment to protecting public health through nutrition standards as set out in legislation.
  • No changes to the UK’s food safety legislation are required for the UK-India CETA to take effect, and the UK will continue to uphold its existing food safety laws and protections under UK legislation.
  • No new equivalence decisions for agri-food products were made under the UK’s agreement with India.
  • If the agreement leads to an increase in food imports from India, the Government needs to ensure that all Competent Authorities involved in controlling food at the border and inland are adequately resourced.
  • Stakeholders have expressed concerns regarding food production standards in foods imported from India, underscoring the importance of maintaining confidence in regulatory oversight. The UK maintains a robust and responsive border control system designed to manage emerging risks effectively and ensure imported foods meet UK import standards. The provisions within the trade agreement support this approach, enabling the implementation of emergency measures when necessary to safeguard public health and food safety.
  • This trade agreement does not restrict the UK's ability to negotiate an SPS Agreement with the EU. The UK retains the right to set its own SPS rules and to negotiate bilateral and multilateral agreements, including with the EU.
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