Emerging product categories in India: A regulatory view

Food and Drug Law Journal

Volumn 64, Issue 4, 2009, Pages 677-692

  Palthur, Maruthi Prasad ^a   Palthur, Sree S S ^a   Chitta, Suresh Kumar ^b  

^a Indigene Pharmaceuticals Inc   (United States)

^b SRI KRISHNADEVARAYA UNIVERSITY   (India)

Author keywords

[No Author keywords available]

Indexed keywords

CANADA; DIET SUPPLEMENTATION; DIETARY INTAKE; EUROPEAN UNION; FOOD AND DRUG ADMINISTRATION; FOOD COMPOSITION; FOOD CONTROL; FOOD HANDLING; FOOD INDUSTRY; FOOD PROCESSING; FOOD QUALITY; FOOD SAFETY; HEALTH CARE COST; HEALTH CARE POLICY; HUMAN; INDIA; JAPAN; LAW; NUTRIENT CONTENT; PRODUCT PARAMETERS; REVIEW; UNITED STATES; VITAMIN SUPPLEMENTATION; WELLBEING;

EID: 73849095369     PISSN: 1064590X     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Review

References (77)

1. See generally, Food Quality and Standards Service, Food and Agriculture Organization of the United Nations, Report on Functional Foods (2007), available at http://www.fao.org/ag/agn/agns/files/Functional- Foods-Report-Nov2007.pdf (last visited Sept. 5, 2009).
2. See Siro, Istvan et al., Functional food. Product development, marketing and consumer acceptance-A review, APPETITE, 51(3) at 457 (2008).
3. See generally Sundus Tewfik & Ihab Tewfik. Nutraceuticals, functional foods and botanical dietary supplements; promote wellbeing and underpin public health, WORLD REVIEW OF SCIENCE, TECHNOLOGY AND SUSTAINABLE DEVELOPMENT, 5(2), at 104 -123 (2008); See generally Beat Mollet & Ian Rowland, Functional foods: at the frontier between food and pharma. CURRENT OPINION IN BIOTECHNOLOGY, 13(5), 483-485 (2002).
4. See generally Liisa Kotilainen et al., THE INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT, Health Enhancing Foods Opportunities for Strengthening the Sector in Developing Countries at 9 (2006), available at http://siteresources.worldbank.org/INTARD/Resources/Health-Enhacing- Foods-ARD-DP-30-final.pdf (last visited September 3,2009). (The large number of terms often used interchangeably, and in a confusing manner such as health foods, nutraceuticals, designer foods, pharma-foods, and so forth. None have clear and generally accepted definitions); See generally Ioannis S. Arvanitoyannis & Maria Van Houwelingen-Koukaliaroglou, Functional Foods: A Survey of Health Claims, Pros and Cons, and Current Legislation, CRITICAL REVIEWS IN FOOD SCIENCE AND NUTRITION, 45(5), at 385-404 (2005).
5. See Margaret Ashwell, THE INTERNATIONAL LIFE SCIENCES INSTITUTE, ILSI Europe Concise Monograph Series, Concepts of Functional Foods at 16 (2002), available at http://europe.ilsi.org/NR/rdonlyres/D5FBA645-B6E4- 4281 -8BB7-A2043B3F4DB3/0/ILSIFuncFoods.pdf (last visited September 3, 2009). (Distinction between functional and dietetic foods).
6. Liisa Kotilainen et al., supra note 4 at viii. (Executive Summary).
7. INTERNATIONAL FOOD INFORMATION COUNCIL FOUNDATION, Functional Foods at 1 (2009), available at http://www.ific.org/nutrition/ functional/upload/functionalfoodsbackgrounder. pdf (last visited September 5, 2009).
8. Clare M. Hasler & Amy C. Brown, Position of the American Dietetic Association: functional foods, J AM DIET ASSO, 109(4) at 735 (2009).
9. Liisa Kotilainen et al., supra note 4 at ix. (Description of the Functional Foods Sector)
10. Maurice Doyon & JoAnne Labrecque, Functional foods: A conceptual definition, BRITISH FOOD JOURNAL. 110(11), at 1133-49 (2008).
11. THE AMERICAN NUTRACEUTICAL ASSOCIATION, Nutraceutical information page, available at http://www.ana-jana.org/nut-info-details.cfm?NutInfoID=4 (last visited September 8, 2009). (What is a nutraceutical?).
12. THERAPEUTIC PRODUCTS PROGRAMME AND THE FOOD DIRECTORATE FROM THE HEALTH PROTECTION BRANCH, HEALTH CANADA, Policy Paper on Nutraceuticals/functional foods and health Claims on foods at 2 (1998), available at http://www.hc-sc.gc.ca/fn-an/alt-formats/hpfb-dgpsa/pdf/label-etiquet/ nutra-func-foods-nutra-fonct-aliment-eng.pdf (last visited September 5, 2009). (section 2.2 Definitions). See also AGRICULTURE AND AGRI-FOOD CANADA, What are Functional Foods and Nutraceuticals?, available at http://www4.agr.gc.ca/AAFC-AAC/display-afficher.do?id=1171305207040#s2 (last visited September 8, 2009). (Key Terms).
13. Liisa Kotilainen et al., supra note 4 at 44. (Appendix 2. Regulation and Labeling of Functional Foods).
14. CANADIAN AGRI-FOOD POLICY INSTITUTE, Technical report: Finding Common Ground Food for a Healthy Population and a Healthy Agri-food Sector, December 2007 at 82 (2007), available at http://www.capi-icpa.ca/pdfs/ CAPITechReport12Feb2008.pdf#page=78 (last visited September 3, 2009); Liisa Kotilainen et al., supra note 4 at 6 (The Concept of Functional and/or Health-Enhancing Foods)
15. Maria Klimas et al., GEORGE MORRIS CENTRE (Ontario). International Market Trends Analysis for the Functional Foods and Natural Health Products Industry in the United States, Australia, the United Kingdom and Japan at Page 1 (2008), available at http://admin.nutrinetcanada-nnc.ca/use- redits/File/FFNHIw/ o20International%20Final%20Report%20FINAL%20031708%20MK%20%20CCB. pdf (last visited September 5, 2009). (Introduction and Background).
16. Id. at 8. See also Nils-Georg Asp & Susanne Bryngelsson. Health claims in Europe: new legislation and PASSCLAIM for substantiation, J. NUTR, 138(6) at 1210S-1215S (2008).
17. Liisa Kotilainen et al., supra note 4 at ix-x. (Opportunities and Challenges for the Functional Foods Sector in Developing Countries). See also Melissa Williams et al., Functional Foods: Opportunities and Challenges for Developing Countries. Washington, DC 20433, The World Bank (2006), available at http://siteresources.worldbank.org/INTARD/Resources/ Note19-FunctionalFoods-web.pdf (last visited September 5, 2009).
18. See generally PRICEWATERHOUSE COOPER, Leveraging growth in the emerging functional foods industry: Trends and market opportunities (2009), available at http://www.pwc.com/en-US/us/transaction-services/ publications/assets/functional-foods.pdf (last visited September 5, 2009).
19. Sanjeev Verma, An empirical analysis of consumer's attitude towards OTC health supplements in India, INT. J. INDIAN CULTURE AND BUSINESS MANAGEMENT 2(1) at 1-10 (2009). See also Shashank Bhalka, Capacity Building in the Indian Food Industry: Opportunities and Challenges. Building Leadership Skills in Food and Nutrition Essential for National Development, presented at Intl. Symp. CFTRI, Mysore (India), June 23-25, (2006) available at http://www.cftri.com/news/proc/proc7.PDF (last visited September 5, 2009).
20. TATA STRATEGIC MANAGEMENT GROUP& OSAKA INTERNATIONAL BUSINESS PROMOTION CENTER. Asia Business Generator Project report on the Health & Wellness Foods Industry in India: An Overview (2009).
21. The Prevention of Food Adulteration Act & Rules (as on 1.10.2004), Ministry of Health & Family Welfare (India), available at http://fssai.gov.in/pfa%20acts%20and%20rules.pdf (last visited April 3, 2009).
22. Fruits Products Order, 1955, Ministry of Food Processing Industries (India), available at http://fssai.gov.in/fpoact.pdf (last visited April 3, 2009).
23. The Meat Food Products Order, 1973, Ministry of Food Processing Industries (India), available at http://fssai.gov.in/MFPO%201973- %20Amended%20(English).doc (last visited April 3, 2009).
24. Vegetable Oil Products Order, 1998, Ministry of Consumer Affairs, Food, and Public Distribution (India), available at http://fssai.gov.in/ vegetableoils.pdf (last visited April 3, 2009).
25. Vegetable Oil Products Order, 1998, Ministry of Consumer Affairs, Food, and Public Distribution (India), available at http://fssai.gov.in/ vegetableoils.pdf (last visited April 3, 2009).
26. Solvent Extracted Oil, De-Oiled Meal and Edible Flour (Control) Order, 1967, Ministry of Consumer Affairs, Food, and Public Distribution (India), available at http://fssai.gov.in/solvent-Extracted.pdf (last visited April 3, 2009).
27. The Milk and Milk Products Order, 1992, Ministry of Agriculture (India), available at http://fs-sai.gov.in/mmpo.pdf (last visited April 3, 2009).
28. Essential Commodities Act, 1955, Ministry of Consumer Affairs, Food and Public Distribution (India), available at http://fcamin.nic.in/Events/ EventDetails.asp?EventId=600&Section=Acts%20and%20Rules&ParentID= 0&Parent=1&check=0 (last visited April 4, 2009).
29. The Standards of Weights and Measures Act, 1976, Ministry of Consumer Affairs, Food, and Public Distribution (India), available at http://fcamin.nic.in/Events/EventDetailsasp?EventId=1690&Section= Weight%20and%>20Measures&ParentID=0&Parent=l&check=0 (last visited March 20, 2009).
30. The Livestock Importation Act, 1898, Ministry of Agriculture (India), available at http://dahd.nic.in/order/livestockimport.doc (last visited March 20, 2009).
31. Plant Quarantine (Regulation of Import into India) Order, 2003, Ministry of Agriculture (India), Plant Quarantine Organization of India, available at http://www.plantquarantineindia.org/pdffiles/Consolidated-Version-PQ- Order-2003-upto-4th-amendment-2008.pdf (last visited March 20, 2009).
32. The Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992, Ministry of Women and Child Development (India), available at http://wed.nic.in/infantmilkpactl.pdf (last visited March 20, 2009).
33. The Food Safety and Standards Act, 2006 (No. 34 of 2006), published in the Gazette of India, Extraordinary, Part II, Section 1, Number 40, Ministry of Health & Family Welfare (India), available at http://www.mohfw.nic. in/Food%)20Safety%.20Standard%20Act.pdf (last visited March 20, 2009).
34. Government of India notification appointing the chairperson and members of the Food Safety and Standards Authority of India, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii), Number 1260. S.O, 2165(E), available at http://fssai.gov.in/not1.pdf (last visited April 4, 2009).
35. Food Safety and Standards Authority of India order regarding the composition of Scientific Committee and different Scientific Panels, Order number F.No. 1-76/FSSA/SC,SP/2009, available at http://www.fssai.gov.in/ Announcements/ViewAnnouncements.aspx?StartDate=06/01/2009 (last visited August 10, 2009).
36. See generally the notifications of the Food Safety and Standards Authority of India, available at http://www.fssai.gov.in/Notifications/ ViewNotifications.aspx (last visited August 10, 2009). (Announcements on the appointments, implementation and enforcement).
37. Notification for Amendment of Prevention of Food Adulteration Act, GSR No. 664(E) dated September 19, 2008 - Revision of labeling provision of food articles, published in the Gazette of India, Extraordinary, Part II, Section 3, Ministry of Health and Family Welfare (India), (2008) available at http://www.mohfw.nic.in/Noti%20664.pdf (last visited August 10, 2009). (Government of India official English version at Page 11-19).
38. The Drugs and Cosmetics Act, 1940 (Act no. 23 of 1940), Ministry of Health and Family Welfare, Government of India, available at http://cdsco.nic.in/html/Copy%20of%201.%20D&CAct 121. pdf (last visited August 10, 2009).
39. The Food Safety and Standards Act, 2006, supra note 33 at 16. (Section 22(1)).
40. The Drugs and Cosmetics Act, 1940, supra note 38 at 46-48. (Ayurvedic, Siddha or Unani drugs includes all medicines intended for internal or external use for or in the diagnosis, treatment, mitigation or prevention of disease or disorder in human beings or animals, and manufactured exclusively in accordance with the formulae described in the authoritative books of Ayurvedic, Siddha and Unani (Tibb) systems of medicine specified in the first schedule of the Drugs and Cosmetics Act, 1940).
41. Labeling & Nutrition, Food Labeling and Nutrition Overview, available at http://www.fda.gov/Food/LabelingNutrition/default.htm (last visited September 6, 2009). (Terms such as "functional foods" or "nutraceuticals" are widely used in the marketplace. Such foods are regulated by FDA under the authority of the Federal Food Drug and Cosmetic Act, even though they are not specifically defined by law).
42. 21.C.F.R § 105.3(a)(1). (The term special dietary use as applied to food means particular (as distinguished from general) uses of food that supply a dietary need that exists by reason of a physical, physiologic, pathologic, or other condition including, but not limited to, diseases, convalescence, pregnancy, lactation, allergen hypersensitivity, underweight, or overweight or supplying particular dietary needs which exist by reason of age, including but not limited to the ages of infancy and childhood).
43. 21 CFR § 101.9(j)(8). (Medical foods as defined in section 5(b) of the Orphan Drug Act (21 U.S.C. 360ee(b)(3)). A medical food is a food which is formulated to be consumed or administered enterally under the supervision of a physician and which is intended for the specific dietary management of a disease or condition for which distinctive nutritional requirements, based on recognized scientific principles, are established by medical evaluation. Medical foods are exempted from the labeling requirements of the Nutrition Labeling and Education Act of 1990 (Federal Food, Drug, and Cosmetic Act §403(q)(5)(A)(iv) (21 USC 343(q)(5)(A)(iv)). Medical foods are distinguished from "Foods for Special Dietary Use" by being targeted for distinctive nutritional requirements of disease conditions and by the intention for use under a physician's supervision. The definition of "Foods for Special Dietary Use" does not include a requirement for such supervision).
44. Dietary Supplement Health and Education Act of 1994, Public Law No. 103-417, 108 Stat. 4325 (1994).
45. The term "dietary supplement" means a product (other than tobacco) intended to supplement the diet that bears or contains one or more of the following dietary ingredients: a vitamin; a mineral; an herb or other botanical; an amino acid; a dietary substance for use by man to supplement the diet by increasing the total dietary intake; or a concentrate, metabolite, constituent, extract, or combination of any ingredient described above.
46. See generally NATURAL HEALTH PRODUCTS DIRECTORATE. HEALTH PRODUCTS AND FOOD BRANCH, Charting a Course: Refining Canada's Approach to Regulating Natural Health Products, available at http://www.hc-sc.gc.ca/ahc-asc/ branch-dirgen/hpfb-dgpsa/blueprint-plan/chart-course-tracer-voie-eng.php (last visited September 6, 2009). (Only the term "Natural Health Product" is formally recognized).
47. Food and Drugs Act (Canada), Division 24, B.24.001, Foods for Special Dietary Use. (A "food for special dietary use" is a food that has been specially processed or formulated to meet the particular requirements of a person: in whom a physical or physiological condition exists as a result of a disease, disorder or injury; or for whom a particular effect, including but not limited to weight loss, is to be obtained by a controlled intake of foods.)
48. Food and Drugs Act (Canada), Natural Health Products Regulations, P.C. 2003-847 (2003) (Canada Gazette 2003. II. 1532).
49. See generally Directive 2002/46/EC of the European Parliament and of the Council of 10 June 2002 on the approximation of the laws of the Member States relating to food supplements. OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES (2002), available at http://eur-lex.europa.eu/Lex-UriServ/ LexUriServ.do?uri=OJ:L:2002:183:0051:0057:EN:PDF (last visited September 6, 2009). (Only the term "Food Supplement" is formally recognized).
50. Council Directive 89/398/EEC as amended by Council Directive 96/84/EC and Council Directive 1999/41/EC, available at http://ec.europa.eu/food/ food/labellingnutrition/nutritional/index-en.htm (last visited September 3, 2009). (Foodstuffs intended to satisfy particular nutritional requirements of specific groups of the population are called "foods for particular nutritional uses", "dietetic foods" or "dietary foods", which may sometimes be referred to as "PARNUTS" foods). See also Directive 89/398/EEC, Council Directive on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses. (1989). See also Directive 96/84/EC of the European Parliament and of the Council of 19 December 1996 amending Directive 89/398/EEC on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses Directive. See also 1999/41/EC of the European Parliament and of the Council of 7 June 1999 amending Directive 89/398/EEC on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses. (1999).
51. Directive 2002/46/EC of the European Parliament supra note 49.
52. Ministry of Health, Labor, and Welfare, Japan, Food with Health Claims, Food for Special Dietary Uses, and Nutrition Labeling, available at http://www.mhlw.go.jp/english/topics/foodsafety/fhc/index.html (last visited August 30, 2009). (The terms Functional Food, Nutraceutical and Health Supplement are not formally recognized. Foods are categorized as Food with Health Claims (FHC) and Food for Special Dietary Uses (FOSDU)).
53. Id. (FOSDU refer to foods that are approved/permitted to display that the food is appropriate for specified dietary use. There are five categories of FOSDU: 1) Formulas for pregnant or lactating women; 2) Infant Formulas; 3) Foods for the elderly with difficulty in masticating or swallowing; 4) Medical foods for the ill; and 5) Foods for Specified Health Uses (FOSHU)).
54. Id. (Foods with Health Claims (FHC) are categorized into two groups, according to differences in purpose and function. Foods with Nutrient Function Claims (FNFC) are foods that are labeled with the fonctions of nutritional ingredients (vitamins and minerals). Foods for Specified Health Uses (FOSHU) are foods officially approved to claim their physiological effects on the human body).
55. The Codex Alimentarius Commission. CODEX Standard, CODEX STAN 146-1985: General standard for the labeling of and claims for prepackaged foods for special dietary uses (1985), available at www.codexalimentarius.net/download/standards/292/CXS-146e.pdf (last visited September 8, 2009).
56. The Codex Alimentarius Commission, CODEX guidance document, CAC/GL 55 - 2005: Guidelines for vitamin and mineral food supplement (2005), available at www.codexalimentarius.net/download/standards/.../cxg-055e. pdf (last visited September 8, 2009).
57. Food Safety and Standards Authority of India order supra note 35 at 2. (Panel for functional foods, nutraceuticals, dietetic products and other similar products).
58. Food Safety and Standards Authority of India meeting notice No. 1-89/FSSA/SP(Nutraceuticals)/2009: First Meeting of the Scientific Panels on Functional Foods. Nutraceuticals, Dietetic Products and other Similar Products of the Food Authority on 3rd Sept 2009 (2009), available at http://www.fssai.gov.in/Meeting/Schedule.aspx?MeetingDate=9/3/2009 (last visited September 6, 2009).
59. FEDERATION OF INDIAN CHAMBER OF COMMERCE AND INDUSTRY, FICCI Study on Implementation of FSSA: an Industry Perspective at 21 (2007), available at http://www.indiaenvironmentportal.org.in/files/Food-Safety-Study.pdf (last visited April 4, 2009) (The prime problem that 83% of the respondents felt will arise from implementation of the Act is the initial phase of disorder that will be introduced. Industry was also apprehensive that during initial phase, uncertainty will prevail till the food processing industries and the regulators can come to a common platform).
60. For example, HEALTH CANADA, Transition Guidance Document for Natural Health Products (2003) available at http://www.hc-sc.gc.ca/ dhp-mps/alt-formats/hpfb-dgpsa/pdf/prodnatur/transition-guide-doc-eng.pdf (last visited September 6, 2009) (The transition provisions were developed in consultation with stakeholders to provide for staged implementation of the Regulations. This allows time for training, education and public awareness to help stakeholders comply with the Regulations. The provisions set out a two-year transition period for site licensing, from January 1, 2004, to December 31, 2005, for manufacturers, packagers, labelers and importers of natural health products conducting activities in Canada before the NHPD regulations coming into force date of January 1, 2004. There is a six-year transition period for product licensing, from January 1, 2004 to December 31, 2009, for natural health products with drug identification numbers (DIN) issued under the Food and Drug Regulations. All natural health products must comply with all the Regulations by January 1, 2010).
61. For example, NEW ZEALAND FOOD SAFETY AUTHORITY, Transition Position Paper: Domestic Food Review - Policy and Related Implementation Position Paper at 27 (2007), available at http://www.nzfsa.govt.nz/ policy-law/projects/domestic-food-review/paper-10/dfr-transition-policy-related- implementation-position-paper-19oct07.pdf (last visited September 6, 2009). (Food Control Plans and National Programmes are to be phased in over a period of five years from the start of implementation of the proposed Food Act regime. A five-year transition period is needed to: allow food businesses time to change to the new regime in a measured way and build capability in order to develop and implement tools systems and guidance amongst all stakeholders (food businesses, agencies and regulator).
62. INTERNATIONAL LIFE SCIENCES INSTITUTE. India, A Surveillance and Monitoring System for Food Safety for India at 17 (2007), available at http://www.ilsi-india.org/PDF/Conf.%20recommendations/ Food%20and%20Water%20Safety/Food%20safety%20Surveillance%20and%20Monitoring%, 20System%20for%20India%20-%20Final.pdf (last visited October 2, 2009).
63. FEDERATION OF INDIAN CHAMBER OF COMMERCE AND INDUSTRY, supra note 59 at 4. (Given the current state of Prevention of Food Adulteration Act implementation, the Indian food industry feels that effective implementation of the Act will in itself be a challenge for the government. Concerns on the infrastructure and manpower requirements are expressed)
64. FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS and MINISTRY OF HEALTH & FAMILY WELFARE, GOVERNMENT OF INDIA, The user's manual on CODEX: A contemporary approach to food quality and safety standards at 36-37 (2007), available at http://www.indiaenvironmentportal.org.in/files/ Codex%2520-%2520User%2520manual.pdf (last visited April 4, 2009).
65. Food Safety and Standards Authority of India notice on transfer of PFA work to Food Authority, No.P: 15025/11/2009-PFA.Div, dated February 12, 2008, available at http://www.mohfw.nic.in/ Implementation%20of%20FSSA%20and%20transfer%20of%20the%20PFA%20work%20to%20 Food%20Authority.pdf (last visited April 4, 2009).
66. FEDERATION OF INDIAN CHAMBER OF COMMERCE AND INDUSTRY, supra note 59 at 2. (57% of the industry respondents identified changing the mindset of existing people as a problem for government to enable effective implementation of the Act. Government will need to address this issue by changing the mindset of their existing personnel to facilitate compliance rather than only pursuing the route of prosecution).
67. TUV SOUTH ASIA, Comprehensive study of food regulations and standards, food testing infrastructure, Codex Resource System, HACCP/ISO/Organic Products Certification/Accreditation System, prepared for Ministry of Food Processing Industries (India), available at http://mofpi.nic.in/images/File/xsum. pdf (last visited April 4, 2009).
68. FEDERATION OF INDIAN CHAMBER OF COMMERCE AND INDUSTRY, supra note 59 at 27-28. (25% of the respondents registered that government may also find it difficult to identify, recruit and then continually train people for the accredited laboratories. The food-processing sector in India is struggling since decades to develop a national apex laboratory that offers the entire gamut of testing services and is accredited both domestically as well as internationally. 65% of the respondents were of the opinion that to implement the Food Safety and Standards Act in its true spirit, one of the basic pre-requisites is setting up infrastructure viz accredited and fully equipped laboratories and providing trained manpower to such labs).
69. WORLD HEALTH ORGANIZATION, 10-point Regional Strategy for Food Safety in the South-East Asia Region (2006), available at http://www.searo.who.int/en/Section23/Section1001/Section1110/Section1454. htm#FoodLegislation (last visited October 2, 2009). (Based on Strategy 4: National analytical capacity should be strengthened by appropriate training, resources and establishment of quality assurance protocol and procedures).
70. CANTOX HEALTH SCIENCES INTERNATIONAL, International comparison on the management of health claims and novel foods at 1 (2007), available at http://www.nutrinetcanada-nnc.ca/useredits/File/ International%20Comparison%20on%20the%20Management%20of%20Health%20Claims%20 and%20Novel%20Foods.pdf (last visited October 2, 2009).
71. Id. at 81.
72. Id. at 79.
73. FEDERATION OF INDIAN CHAMBER OF COMMERCE AND INDUSTRY, supra note 59 at 23. (About 52% of the respondents felt that it will be difficult for processing industries to take the onus for ensuring that such standards pertaining to pesticide residue etc is within acceptable levels in processed food when raw material is failing the standards.)
74. Id. at 81. (On the responsibility of usage of water in food during manufacture & preparation (as per the definition of food in clause 3), 40% of the respondents were of the opinion that food-processing industries use municipal water and treatment of municipal water to get rid of any pesticide residues is technically not feasible and unaffordable for the food processing industries due to cost implications. The Industry hopes that this concern will be addressed during the rule framing activity).
75. INDIAN COUNCIL OF MEDICAL RESEARCH, Nutrient requirements and recommended dietary allowances for Indians: a report of the expert group of the Indian Council of Medical Research, Vol. 1 (1990) available at http://www.icmr.nic.in/pricepubl/content/11.htm last visited October 2, 2009).
76. Planning Commission, Government of India, 10th Five Year Plan (2002-2007), Chapter 3.3: Food and Nutrition Security at 325 (2002), available at http://planningcommission.gov.in/plans/planrel/fiveyr/10th/ volume2/v2-ch3-3.pdf (last visited October 2, 2009).
77. CANADIAN AGRI-FOOD POLICY INSTITUTE, Regulatory Reform in Canada's Agri-Food Sector, in Canadian Agri-Food Policy Institute Discussion Paper at 32 (2009), available at http://www.capi-icpa.ca/pdfs/CAPI- Regulatory%20Framework%20-March%204%202009-.pdf (last visited October 2, 2009). (Based on general Canadian Agri-Food Policy Institute recommendations to enhance regulation in the agri-food sector).