3.100.  For exports, businesses in Seychelles involved in the export of food products undergo a process of sanitary approval by the competent authority. Approval requirements include the Hazard Analysis and Critical Control Point (HACCP) system certification. The export of all fishery products is regulated by the Export of Fishery Products Act, 1996 and requires sanitary controls and a health certificate issued by the Fish Inspection and Quality Control Unit under the SBS

3.101.  Seychelles requires a permit for the export of genetically modified organisms (Section 3.2.3), but there are no legal provisions regarding its importation.[226]

3.102.  In the area of risk assessment, currently border inspections are conducted upon arrival for all consignments of plant and animal products. For food imports, border inspections are conducted upon request by any relevant border agency, but the PHA is currently developing an automated risk management system for food products based on a selection process (see above).[227]

3.103.  Seychelles is a member of the Codex Alimentarius Commission, the World Organisation for Animal Health, and the International Plant Protection Convention. At the regional level, Seychelles participates in SPS groups under the SADC, COMESA, and the African Union Inter-African Phytosanitary Council that seek, inter alia, to develop and adopt SPS agreements under these groupings

3.90.  Seychelles' legal framework for the application of SPS measures was not subject to any significant change during the review period, except for the introduction of labelling requirements for food products in 2019. The adoption and implementation of SPS measures are mainly governed by the Animal and Plant Biosecurity Act, 2014, and the Food Act, 2014[212], and their regulations (Table 3.6). Seychelles also has a specific sanitary legislation for the exportation of fish products – the Export of Fishery Products Act, 1996 and its regulations – reflecting their importance for the country's economy. At the institutional level, Seychelles' regulatory authority for both animal and plant health – the National Biosecurity Agency – came into operation in 2016 but was phased out in December 2020 and replaced by the Agriculture Department under the Ministry of Agriculture, Climate Change and Environment

3.91.  The Food Act, 2014 deals with food safety and covers all food for human consumption and feed[213], while the Animal and Plant Biosecurity Act, 2014 seeks to prevent the introduction and spread of pests and diseases affecting animals, plants, people, and the environment. To this end, the Animal and Plant Biosecurity Act, 2014 regulates the movement of plants, animals, and their products and contains provisions on pre-border, border, and post-border measures and procedures (e.g. permit requirements, inspections, and quarantines). Both acts provide for the adoption of international standards developed by the relevant international organizations in these areas. In this regard and according to the authorities, Seychelles continues to face challenges mainly due to budget constraints, as the adoption and implementation of international standards and application of the SPS Agreement are costly. Most of this cost was supported by the Government under its regular budget and complemented by the support of international partners through projects' execution. The authorities further indicate that Seychelles maintains an appropriate level of protection that is consistent with its international and regional obligations, and that is based on the least restrictive SPS measures available to reduce SPS-related risks to very low levels but not to zero. Seychelles applies all SPS and food standards equally to imported and domestic goods.[214]

3.92.  At the institutional level, three government entities have responsibilities in the area of SPS: (i) the Agriculture Department under the Ministry of Agriculture, Climate Change and Environment (previously under the Ministry of Fisheries and Agriculture)[215]; (ii) the Public Health Authority under the Ministry of Health; and (iii) the SBS under the Ministry of Investment, Entrepreneurship and Industry (Section 3.3.2)

3.93.  In January 2021, the Agriculture Department became the country's regulatory authority for both animal and plant health following the merging under its own department of the Seychelles Agricultural Agency (SAA) and the National Biosecurity Agency (NBA), which used to act as the regulatory authorities in previous years. Prior to January 2021, the agency responsible for biosecurity was the NBA, which came into operation in 2016, and prior to 2016, it was the SAA. As the biosecurity regulatory authority, the Agriculture Department is responsible for implementing the Animal and Plant Biosecurity Act, 2014 and for preventing the introduction and spread of animal and plant pest and diseases including invasive alien species that could harm human health or the country's biodiversity and agriculture.[216] The Agriculture Department is also in charge for issuing biosecurity permits for the importation of animals, plants, and their products and SPS certificates for their exportation.[217] At the border, it conducts inspections and verifications, implements quarantine and treatments for regulated imports and exports, and applies sanctions in case of non‑compliance

3.94.  The Public Health Authority (PHA) is the entity responsible for administering and implementing the Food Act, 2014, through market surveillance and inspection at the point of entry. In this regard and according to the authorities, the PHA is currently developing a system for the control of imported food at the point of entry to focus on high-risk products according to a selection process based on risk assessment. Work is also ongoing to develop a review mechanism under which older regulations would be systematically updated and brought into conformity with the Codex Alimentarius

3.95.  The SBS is responsible for providing testing services for food and food products and acts as the national laboratory for the testing of fish and fishery products for export.[218] The SBS also hosts the Fish Inspection and Quality Control Unit, which is responsible for conducting sanitary controls on fish and fishery products for exportation and issuing the corresponding health certificate.[219]

3.96.  Moreover, Seychelles maintains a National Biosecurity Committee (NBC) and a National SPS Committee, as a sub-committee of the NBC to improve the governance and transparency mechanisms in these areas. The Trade Department under the Ministry of Finance, National Planning, and Trade serves as the National SPS Enquiry Point and National Notification Authority. Since its accession to the WTO, Seychelles has made six SPS notifications mostly of emergency measures covering meat products and fresh tomatoes[220], and it has not raised or been the object of any specific trade concern

3.97.  Under the Animal and Plant Biosecurity Act, 2014 and the Customs Management (Prohibited and Restricted Goods) Regulations, 2019, the importation of plants, animals, and their products, as well as of regulated food products (i.e. eggs, fish and seafood, fruits, vegetables, meat, and spices) requires a biosecurity permit, in addition to an import permit (Section 3.1.5 and Table A3.5).[221] Both the biosecurity and import permits are approved by the Agriculture Department. Once approved, the biosecurity permit is issued by the Agriculture Department, and the import permit is issued by the Trade Department. Since 2019, the importation of milk and milk products is also subject to a health certificate, attesting the product is safe for human consumption.[222] These imports must be also accompanied by the corresponding sanitary or phytosanitary certificate issued by the relevant agency of the exporting country for customs clearance. Upon arrival in Seychelles, imports of these products are subject to an inspection by the Agriculture Department and released if found compliant with the legislation

3.98.  The importation of pharmaceutical and veterinary products requires a health permit and an import permit, both issued by the Ministry of Health. The health permit is delivered subject to the approval of the Agriculture Department.[223]

3.99.  All food products – imported or locally produced – are subject to label requirements to be sold in Seychelles (Section 3.3.2).[224] These requirements are described in the newly adopted Food Act (Labelling of Pre‑Packaged Foods) Regulations, 2019.[225]

3.81.  Seychelles' standardization and conformance system is mainly governed by the Seychelles Bureau of Standards Act 2014[197], and has not been the object of any significant change since 2015. The Act defines the responsibilities of the Seychelles Bureau of Standards (SBS) – the national standardization body – and the main procedures to develop standards (voluntary and mandatory). The adoption of the Act's regulations is still pending. The Act is complemented by other provisions on standards scattered across various legal instruments and administered by different agencies.[198] The main ones are the Food Act, 2014, the Environment Protection Act, 2016[199], and the Public Health Act, 2015 (and their regulations), which were adopted at the time of Seychelles' accession to the WTO or immediately after to ensure compliance with the Agreement on Technical Barriers to Trade (TBT Agreement).[200] In addition, Seychelles has identified the need to develop a legislation to regulate the quality of cosmetics (imported and locally produced)

3.82.  The SBS continues to be the country's national standardization body, and as such it is responsible for the development of standards in Seychelles. It is also the main provider of conformity assessments (e.g. inspections, certifications, calibrations, and testing services) and metrology services (see below). The SBS acts as the National Metrology Laboratory. The SBS represents the country at the international level and is currently a correspondent member of the International Organization for Standardization (ISO).[201] The SBS operates under the Ministry of Investment, Entrepreneurship, and Industry, and is administered by a board, consisting of seven members, appointed by the President.[202]

3.83.  The Trade Department under the MFNPT is the National Notification Authority and Enquiry Point under the TBT Agreement. Seychelles also maintains a National Committee on Technical Barriers to Trade to deliberate on any TBT-related issues; the Committee comprises representatives of all agencies with regulatory functions in this area

3.84.  When considering the development of a new standard, the SBS' policy is to directly adopt an existing international standard with or without changes, where appropriate and possible. If not possible, a new standard is developed. In 2021, the total number of standards in Seychelles' catalogue was 358 (219 in 2015), of which about 84% (or 300) (75% in 2015) were equivalent to international standards. Based on the recommendation of the SBS Board, the SBS may declare a standard as mandatory (i.e. technical regulations) or withdraw a mandatory standard by a notice published in the Official Gazette. Currently, the SBS has declared four standards as mandatory. They refer to concrete blocks, toilet soaps, UHT milk and cream milk, and refillable gas cylinders.[203] Standards also become mandatory if they are cited in the legislation as it is the case of the standards for biodegradable plastics.[204] All products – imported or domestically produced – must comply with the corresponding mandatory standard to be sold in Seychelles.[205] To import a product subject to mandatory standard, a certificate or authorization is required. This certificate or authorization is granted by the agency administering the standard upon approval of the SBS

3.85.  The SBS manages the development of Seychelles' standards and is responsible for their approval and adoption. The current procedure for preparing and issuing standards or technical regulations has not changed since 2015. The process allows for public consultations and is conducted according to the following stages. To start, the SBS identifies the need for a new standard and prepares a preliminary study and a draft outline. It then establishes a committee comprising representatives from the private sector, government, academia, and civil society to review and complete the draft standard. The Committee puts the proposed standard for public consultation for a period of 60 days. After this period, the Committee prepares the final version of the standard, and must approve it by consensus. Once approved, the Committee takes the draft standard before the SBS Board for approval. Upon approval, the standard is published online (on the SBS website), in local newspapers, and in the Official Gazette. According to the authorities, a review process is conducted every five years to assess the suitability of existing standards

3.86.  From 1 January 2015 to 30 June 2022, Seychelles made four TBT notifications (i.e. regular notifications) regarding proposed technical regulations.[206] These measures covered plastics items (bags and straws) and tobacco, and were based on health, safety, and environmental considerations. In accordance with the TBT Agreement (Article 15.2), Seychelles also notified in 2015 the measures in place to ensure the implementation and administration of this Agreement. During the same period, Seychelles neither raised nor was the object of any TBT specific trade concern in the TBT Committee

3.87.  Seychelles' conformance infrastructure is limited, and its development is ongoing. Seychelles does not have a national accreditation body but collaborates with the Southern African Development Community Accreditation Services (SADCAS), SADC's regional accreditation body, which provides accreditation services to SADC members. The SBS acts as SADCAS focal point to promote accreditation. Conformity assessments for imported products subject to a Seychelles technical regulation are conducted by the government agency administering the standard. Conformity assessment procedures vary across agencies and mainly include verification and validation of the certificate of conformity or tests certificate, and visual inspection and verification at the port of entry. The SBS benefit from various accreditations and offers certain conformity assessment services, such as product certification and testing for businesses willing to sell their products domestically or abroad.[207] The SBS has also been designated as the official testing laboratory for the testing of fish and fishery products for export from Seychelles (Section 3.3.3). In 2021, the Drug Quality Control Laboratory under the Ministry of Health gained accreditation for the chemical analysis of pharmaceuticals, which is an important step towards facilitating and ensuring the quality control of the pharmaceuticals sold in the country. There are no accredited private laboratories in the country. Seychelles is not signatory to any mutual recognition agreement for the acceptance of conformity assessment results.[208]

3.88.  In the area of metrology, the SBS also hosts the National Metrology Laboratory, which is responsible for ensuring that the country's units of measurement are consistent with international standards. It also provides calibration services to the private sector for measuring instruments. Seychelles is a corresponding member in the International Organization of Legal Metrology (OIML). In December 2021, Seychelles ceased to be an associated member of the General Conference on Weights and Measures (CGPM) of the International Bureau of Weights and Measures (BIPM) due to its cost according to the authorities

3.89.  Regarding marks and labelling, Seychelles requires all food products – imported or locally produced – to be labelled to be sold in the country.[209] Label requirements are described in the recently adopted Food Act (Labelling of Pre-Packaged Foods) Regulations, 2019, and include information regarding the ingredients and their content, allergens, and the good's country of origin. Under certain conditions, cottage foods and certain alcoholic beverages are exempted from some labelling requirements.[210] Seychelles also maintains a standardized packaging regime for tobacco since 2012. Under this regime, all tobacco products must include a health warning combining text and pictures covering 50% of the main surfaces of the packaging. Seychelles updated the warning images under this regime in November 2015 and started to fully implement the packaging on 1 December 2016.[211]