Is genetically modified food legal in India? Mostly no for cultivation, and unsettled for sale and imports. India has approved only one GM crop for commercial farming, Bt cotton, and no GM food crop. Selling or importing GM food needs prior approval under the Food Safety and Standards Act, but the regulations meant to govern that approval have been stuck in draft, and a High Court has stepped in.
Status Check Before You Read On
- Approved crop: Bt cotton since 2002, which covers more than 95% of India’s cotton area. It’s a non-food crop.
- No approved GM food crop: Bt brinjal is under a moratorium. GM mustard is stalled in the Supreme Court.
- Sale and import: Section 22 of the FSS Act bars unapproved GM food. GEAC clearance is needed for imports.
- Regulations: FSSAI’s GM food regulations were drafted in 2022. I couldn’t confirm final notification.
- Illegal planting: Unapproved herbicide-tolerant Bt cotton is widely grown anyway, and using unapproved GM varieties can mean up to five years’ jail.
Who Regulates What
Two regulators split the job:
- Genetic Engineering Appraisal Committee (GEAC): Works under the Environment Ministry. It’s the apex body for the environmental release of GM crops, from field trials to commercial approval.
- FSSAI: Regulates GM food under the Food Safety and Standards Act, 2006. Section 22 says no person shall manufacture, distribute, sell or import any GM article of food except as the Act and its regulations provide.
Importers of GM food or feed need GEAC permission, and FSSAI approval too. One 2025 summary describes GEAC approval as the cornerstone of import clearance.
The FSSAI Draft Regulations
FSSAI’s draft Genetically Modified Foods Regulations, 2022 proposed:
- No manufacture, storage, sale, distribution or import of any food or ingredient produced from GMOs without prior approval from the food authority, even after GEAC approval.
- A front-of-pack label reading “contains genetically modified organisms” when a product contains 1% or more of a GM ingredient, including adventitious or unavoidable presence.
- No label where modified DNA isn’t detectable in the final product.
- No GMOs as ingredients in infant food.
- Recall obligations if a risk emerges after approval.
I found the drafts but not confirmation that final regulations were notified, so check FSSAI’s current notifications.
The Rajasthan High Court Order
In October 2025, the Rajasthan High Court restrained FSSAI and GEAC from granting permission for the sale, manufacture, distribution or import of GM foodstuff before necessary regulations are framed. The Centre had admitted in a joint affidavit that FSSAI hadn’t framed regulations under Section 22.
The court noted that GEAC had nonetheless been allowed to approve the import of GM edible oil in the absence of those regulations. It directed the Centre and FSSAI to notify regulations within six months and told customs authorities in the state to ensure strict compliance.
That points to the strange position: GM edible oil imports had been approved while the rulebook for GM food didn’t exist. I couldn’t confirm what has happened since the six-month window ended, or whether the order was challenged.
Imported Food: The Earlier Rules
Before the draft regulations, FSSAI issued orders on imports. In August 2020, it said 24 imported food crops need a non-GM-origin-cum-GM-free certificate from a competent authority. It later set a 1% threshold for GMOs in imported food crops, according to one summary. Check the current order before relying on that.
The Bt Cotton Story
Bt cotton was approved by GEAC in 2002 and is the only GM crop allowed for commercial cultivation in India. It’s credited with higher yields and with helping India become a major cotton exporter, though critics note price declines and other problems.
A related problem: unapproved herbicide-tolerant Bt cotton (HTBt) is widely cultivated illegally. A 2025 report says an expert biosafety panel submitted a favourable report, which moves HTBt closer to potential approval. It isn’t approved as of the sources I found.
Bt Brinjal and the Moratorium
GEAC approved Bt brinjal in 2009. Then-Environment Minister Jairam Ramesh imposed an indefinite moratorium in February 2010 after public concern. Reports of illegal Bt brinjal cultivation have surfaced in several states, and GEAC allowed field trials of two new indigenous varieties in eight states during 2020-23. Commercial cultivation isn’t permitted.
GM Mustard: The Pending Case
GEAC gave conditional approval in October 2022 for the environmental release of GM mustard hybrid DMH-11, the first GM food crop to reach this stage. Activist Aruna Rodrigues and the NGO Gene Campaign challenged it. The Supreme Court asked for status quo in November 2022, and in July 2024 a two-judge bench delivered a split verdict.
Both judges agreed the Centre should frame a national policy on GM crops in consultation with states, farmers and others. In March 2025, the Court directed the government to develop one. A September 2026 report says the legal status of GM mustard remains under scrutiny, with the government reviewing its broader approach.
Penalties
- Growing unapproved GM varieties: Up to five years in jail and a fine of ₹1 lakh under the Environment Protection Act, 1986, according to one summary.
- Selling unapproved GM food: A breach of Section 22 of the FSS Act, with penalties under that Act.
- Importing without clearance: Customs and import-regulation consequences, plus the above.
State and district biotechnology committees are responsible for monitoring illegal GM cultivation.
What This Means for Consumers and Businesses
- Packaged foods in India aren’t currently labelled for GM content under a final national rule, as far as I could find, so “GM-free” claims deserve scepticism.
- If you sell or import food ingredients, check GEAC and FSSAI status for each product and supplier.
- Keep supplier certificates, especially for imported oilseeds and grains.
- If you’re a farmer, buy seed only from approved sources. Unapproved HTBt seed is illegal even if widely sold.
- Watch for the national GM policy and any final FSSAI regulations.
FAQs
Q1. Is it legal to grow GM crops in India?
Only Bt cotton is approved for commercial cultivation. Bt brinjal is under a moratorium and GM mustard is stalled in court. Growing unapproved GM varieties can mean up to five years’ jail.
Q2. Can GM food be sold or imported in India?
Only with prior approval. Section 22 of the FSS Act bars unapproved GM food, and imports need GEAC clearance. An October 2025 Rajasthan High Court order restrained approvals until regulations are framed.
Q3. Will GM food be labelled?
Draft FSSAI rules propose a front-of-pack “contains genetically modified organisms” label for products with 1% or more GM ingredient. I couldn’t confirm they’re final, so check current notifications.