## Policy Analysis Report: Plant Quarantine Regulation of Import into India Second Amendment Order, 2021
**1. Executive Summary:**
This report analyzes the "Plant Quarantine Regulation of Import into India Second Amendment Order, 2021," as published in the Gazette of India on April 7, 2021. This amendment modifies the Plant Quarantine Regulation of Import into India Order, 2003, specifically addressing import regulations for Pome fruits (specifically Malus domestica - Apple) from Portugal. The amendment introduces new requirements for freedom from specific pests and diseases, mandating either methyl bromide fumigation or pre-shipment cold treatment, endorsed by a Phytosanitary certificate. This report details these changes, identifies affected stakeholders, and infers potential implications for apple importers and related industries.
**2. Introduction:**
This report provides an analysis of the "Plant Quarantine Regulation of Import into India Second Amendment Order, 2021," based solely on the official text published in the Gazette of India. The purpose of this report is to inform stakeholders, particularly apple importers and related industries, about the specific changes introduced by this amendment to the existing Plant Quarantine Regulation of Import into India Order, 2003.
**3. Policy Overview:**
* **Original Policy Being Amended:** Plant Quarantine Regulation of Import into India Order, 2003.
* **Core Objective(s):** Based on the amendment text, the core objective is to prevent the introduction and spread of destructive insects and pests into India through the regulation of imported plants and plant products. This amendment aims to strengthen these preventative measures concerning specific pests on apples imported from Portugal.
**4. Background and Rationale:**
This amendment appears to be a response to the potential risk of introducing specific pests and diseases associated with apples from Portugal into India. The amendment implements specific measures (fumigation or cold treatment) for mitigating these risks. The specific pests identified suggest that previous regulations were either insufficient to address these particular threats, or that new pest risks have been identified requiring modified import protocols.
**5. Key Provisions / Changes:**
The amendment specifically changes Schedule VI of the Plant Quarantine Regulation of Import into India Order, 2003, addressing the import of *Malus domestica* (Apple) fresh fruits for consumption from Portugal. The key change is the insertion of new requirements under column 4, 5, and 6 pertaining to serial number 262:
* **Specific Part of Original Policy Changed:** Schedule VI, pertaining to Pome fruits and specifically *Malus domestica* (Apple) under serial number 262.
* **New Rule/Provision:** Apples from Portugal must be free from the listed pests and diseases (Aculus schlechtendali, Candidula intersecta, Ceratitis capitata, Cydia pomonella, Epidiaspis leperii, Epiphyas postvittana, Forficula auricularia, Harmonia axyridis, Hoplocampa, Leucoptera malifoliella, Orthosia cerasi, Pseudococcus calceolariae, Pseudococcus comstocki, Pseudococcus viburni, Ametastegia, Cornu aspersum, Grapholita funebrana, Grapholita molesta, Ostrinia nubilalis, Pantomorus cervinus, Peridroma saucia, Pseudomonas viridiflava, and Venturia pyrina). To ensure this, either of the following treatments is required:
* Methyl Bromide fumigation at 32 gm3 for 2 hours at 210C or above at NAP or equivalent.
* Pre-shipment cold treatment at 0oC or below for 13 days; 0.55oC or below for 14 days; 1.1oC or below for 18 days plus intransit refrigeration.
* **Difference/Effect of the Change:** The amendment introduces mandatory treatments and specific thresholds for pest control. Previously, these pests may not have been explicitly addressed or the requirements may have been less stringent. Now, importers must comply with either the fumigation or cold treatment protocols and provide documentation through a Phytosanitary certificate to demonstrate compliance. Failure to meet these new requirements will likely result in rejection of the apple consignment at the point of import.
**6. Target Audience and Stakeholders:**
Based on the text, the primary target audience and stakeholders directly affected by these changes include:
* Apple importers bringing *Malus domestica* (Apple) fresh fruits for consumption from Portugal into India.
* Portuguese apple exporters.
* Phytosanitary certification agencies in Portugal.
* Customs and plant quarantine officials at Indian ports of entry.
**7. Implementation Aspects (Inferred):**
* **Responsible Agency/Bodies:** Department of Agriculture, Cooperation & Farmers Welfare, and plant quarantine authorities responsible for enforcing the Destructive Insects and Pests Act, 1914.
* **Timelines or Procedures:** The amendment came into force on April 7, 2021 (the date of its publication in the Official Gazette). The procedure requires apple importers to ensure that their shipments from Portugal have undergone the specified fumigation or cold treatment, and that a Phytosanitary certificate is issued by the country of origin/re-export, endorsing the treatment.
* **Specific to the Changes:** Implementation requires careful monitoring of apple shipments from Portugal, verification of Phytosanitary certificates, and potentially, on-site inspection to confirm compliance with the temperature requirements for cold treatments, or fumigation protocols.
**8. Expected Outcomes / Impact of Changes:**
The likely intended outcome of these specific changes is to reduce the risk of introducing the listed pests and diseases into India via apple imports from Portugal. The potential impact of the amendment includes:
* Increased costs for importers due to the expense of fumigation or cold treatment.
* Potential disruptions in the supply chain if exporters are not able to quickly adapt to the new requirements.
* Enhanced protection of Indian agriculture from the specified pests and diseases.
* Increased scrutiny of apple imports from Portugal at ports of entry.
**9. Conclusion:**
The "Plant Quarantine Regulation of Import into India Second Amendment Order, 2021" introduces specific and mandatory measures for apples imported from Portugal to prevent the introduction of identified pests and diseases. These measures, involving either fumigation or cold treatment, require proper documentation and adherence to specific protocols. This amendment signifies a strengthening of India's plant quarantine measures and is likely to impact apple importers, exporters, and related regulatory bodies, requiring careful compliance to ensure continued trade.
Key Entities Referenced
Destructive Insects and Pests Act, 1914: A law cited as the basis for the order, empowering the Central Government to make amendments related to plant quarantine.
Central Government: The governing authority making the order, in reference to the Destructive Insects and Pests Act, 1914.
Plant Quarantine Regulation of Import into India Order, 2003: The primary order being amended by this notification, concerning regulations for plant import into India.
Plant Quarantine Regulation of Import into India Second Amendment Order, 2021: The specific order being issued to amend the Plant Quarantine Regulation of Import into India Order, 2003.
Schedule VI: The specific schedule within the Plant Quarantine Regulation of Import into India Order, 2003 that is being amended.
Pome fruits: A category of fruits to which the amendment applies, as indicated in Schedule VI.
Malus domestica Apple: The specific type of apple mentioned in the amendment to Schedule VI.
Portugal: The country of origin for which specific conditions are being defined for import of Malus domestica Apple.
Ministry of Agriculture and Farmers Welfare: The government ministry responsible for the notification.
Department of Agriculture, Cooperation Farmers Welfare: The department within the Ministry of Agriculture and Farmers Welfare that issued the notification.
New Delhi: The location of notification.
ASHWANI KUMAR: The Jt. Secy. (Joint Secretary) who signed the notification.