3.100.  Imports of plants and plant products require a phytosanitary certificate from an authorized body of the exporting country and an import permit issued by the PPRSD. The PPRSD conducts a physical inspection of imports of plants, seeds, and fertilizers at the land border points, but not at the harbours and ports of entry (Tema and Takoradi). The PPRSD charges a fee per SPS certificate, which is a report on phytosanitary inspection that gives clearance to Customs to continue the import procedures. Importer registration can be done online for all plants and plant products for a fee of GHS 500

3.101.  The Environmental Protection Agency regulates, inter alia, imports, exports, manufacture, distribution, sale, and use of pesticides. An Invasive Alien Species Secretariat (IAS‑MOFA) was established and comprises experts from the PPRSD, the Ministry of Environment, Science, Technology & Innovation, the Environmental Protection Agency, and other entities.[98]

3.102.  Ghana's National Biosafety Act (Act 831) entered into force in 2011. The Law aims to regulate biotech activities including use, releases into the environment, and placement in the market, as well as exports, imports, and transit of genetically modified organisms. The National Biosafety Authority functions as a coordinating agency, while monitoring and enforcement are done by other regulatory agencies.[99] The WTO SPS Committee was notified of the draft Biosafety (Management of Biotechnology) Regulations under Act 831, which were adopted in 2019 (L.I. 2383).[100] According to industry reports, there are currently no restrictions on imports of genetically modified products or products containing GM material.[101]

3.103.  Ghana's regulations on labelling, packaging, and marking of specified products are contained mainly in the Public Health Act, 2012 and the General Labelling Rule, 1992 (L.I. 1541). Under GSA rules, imported and domestic food and drugs must be labelled in English, identifying attributes such as the type of product, the country of origin, the ingredients or components, net weight, instructions on use, and the expiration date for perishable foods. Similar labelling is required on a range of other specified products, including electrical goods, e.g. televisions, air-conditioners, batteries, lamps and household appliances; cement; paints; pesticides; poultry feed; toiletries; and cosmetics

3.86.  The WTO SPS enquiry point is located at the Plant Protection and Regulatory Services Directorate (PPRSD) of MOFA, while MOTI is the SPS notification authority. Since the previous Review, Ghana has submitted nine SPS notifications (including addenda). No specific trade concerns regarding Ghana's SPS measures were raised in the SPS Committee

3.87.  Ghana is a member of the FAO/WHO Codex Alimentarius Commission, the International Plant Protection Convention (IPPC), and the World Organisation for Animal Health (OIE). At the regional level, Ghana cooperates with other members of ECOWAS and the African Union to arrive at a common policy on SPS measures. According to the authorities, Ghana is implementing ECOWAS Regulation C/REG.21/11/10 related to the structural and operational rules for plant health, animal health, and food safety in the ECOWAS region

3.88.  The African Union has developed an SPS Policy Framework for the period 2019-24, on the basis of which a number of capacity-building activities were carried out in Ghana. A 2018 USAID study identified some issues with respect to the Ghanaian SPS regime, including many fees that contribute to high costs of doing business.[93]

3.89.  Ghana adopted a National Food Safety Policy in April 2015 to establish an integrated farm‑to‑fork food safety system that ensures consumer health and public safety for all plant and animal food products.[94]

3.90.  The FDA has the mandate, pursuant to the Public Health Act, 2012 (Act 851), to regulate certain food products, tobacco products, pharmaceuticals, cosmetics and household chemicals, and medical devices. Its regulatory functions include product registration, facility licensing, market surveillance, import and export control, product testing, and safety monitoring. All food products, medicines, and all other regulated products must be registered by the FDA before they are imported or placed on the market. Registration involves, inter alia, the submission of a certificate of analysis for food products. Raw materials imported for further processing or manufacturing of food products are exempt from FDA registration

3.91.  The FDA may conduct laboratory analyses, irrespective of whether the consignment is covered by foreign laboratory tests. The FDA's lab is ISO 17025:2017 accredited. Import permits are required for all FDA‑regulated products. All regulated products are subject to inspection, although some compliant importers are exempt from inspection through the National Risk Management System. Examples of products subject to testing (lab analysis) include tomato products, sugar, and chicken products

3.92.  A new FDA fee schedule was introduced in January 2020, whereby fees are based on the value of imports.[95] The inspection fee for FDA-regulated food products is 0.8% of the c.i.f. value (Box 3.1). According to the authorities, the initial cost of registration prior to importation has been reduced by up to 90% to encourage all importers to register; the remaining costs have been passed on to the inspection fee. This was decided at stakeholder meetings with importers and approved by Parliament

3.93.  With regard to veterinary measures, the MOFA's Veterinary Services Directorate (VSD) uses the Codex Alimentarius and OIE legislation as regulatory guidelines for SPS measures, according to the authorities. A draft Meat Inspection Bill was notified to the SPS Committee in 2016.[96] The Bill has been passed by Parliament and is currently implemented as the Meat Inspection Regulation, 2020 (L.I. 2405). Other rules for veterinary measures include the Animals (Control of Importation) Act, 1956 (Act 36); Diseases of Animals Act, 1961 (Act 83); and the Veterinary Surgeons Act, 1992 (PNDCL, 305C). The Ministry of Fisheries and Aquaculture Development is responsible for fish and fish products' safety.[97]

3.94.  Imports of live animals and products of animal origin, as well as veterinary vaccines, drugs, and equipment require a permit issued by the VSD and must be covered by a veterinary health certificate from the exporting country. The application for a veterinary import permit requires approval by the Minister of the MOFA; the approval letter must then be submitted online through ICUMS to the VSD for evaluation and verification of compliance with veterinary requirements. The VSD in collaboration with the FDA inspects and licenses cold storage facilities for frozen animal products as a prerequisite for an import permit

3.95.  Ghana ratified the ECOWAS protocol that mandates the VSD to check the importation, exportation, and transit of animals and products of animal origin and veterinary pharmaceuticals (e.g. vaccines, drugs, and biologicals)

3.96.  Phytosanitary measures (on plants, seeds, and some processed foods), including plant pest and disease management, pesticide regulation and control, and inspection and certification, are primarily the responsibility of the PPRSD. The PPRSD is also responsible for inspecting and licensing of Agro Produce Packhouses as a prerequisite for issuing phytosanitary certificates for exports

3.97.  Ghana's phytosanitary regime is based on primarily the Plants and Fertilizer Act, 2010 (Part One of Act 803) and the Plant Protection Regulations, 2012 (L.I. 2193), which according to the authorities are in conformity with the IPPC for import licensing and controls, including prior approval and special import programmes. According to the authorities, import measures for SPS reasons are based on IPPC standards, notably International Standards for Phytosanitary Measures (ISPM) Nos. 1‑45

3.98.  Since the previous Review, Ghana has developed a number of national standards: (i) Standard Operating Procedure for Export Inspection and Phytosanitary Certification of Vegetables, Fruits, and Plants for Planting; (ii) Guidance on Performing Plant Health Checks of Specific Commodities for Specific Pests; and (iii) Guidelines for Export C Import and Release of Biological Control Agents and other Beneficial Organisms. Ghana has also revised the Weed List, the Insect Pests and Mites List, and the Plant Diseases and Nematodes List

3.99.  Other relevant phytosanitary legislation includes the Decree on the Prevention of Damage by Pests, 1968; the Prevention and Control of Pests and Diseases of Plants (Cassava Plant and Plant Products (Prohibition of Importation) Regulation), 1974 (L.I. 882); the Pesticides Control and Management Act, 1996 (Act 528); the Plant Fertilizer Regulations, 2012 (L.I. 2194); and the Fees and Charges (Amendment) Instrument, 2012 (L.I. 2191)

3.74.  The institutional and legal framework governing standards development in Ghana has remained unchanged since the previous Review. The GSA operates under the oversight of MOTI and functions as the technical barriers to trade (TBT) notification and enquiry point under the WTO Agreement on Technical Barriers to Trade. One specific trade concern was raised in the TBT Committee regarding Ghana's measures (see below)

3.75.  The GSA is responsible for the management and coordination of standards development, conformity assessment, and metrology in Ghana, in accordance with the Standards Authority Act, 1973. In addition to standards development and dissemination, the GSA certifies products under its product certification scheme (see below). It maintains an electronic catalogue of all national standards on its website.[89] The GSA is mainly government-funded, but also collects fees from its quality assurance and testing activities

3.76.  The GSA represents Ghana in, inter alia, the International Organization for Standardization (ISO), and the African Regional Organization for Standardization (ARSO). It is the contact point for FAO/WHO Codex Alimentarius issues and is a member of the African Electrotechnical Standardization Commission (AFSEC) and an associate member of the International Electrotechnical Commission (IEC)

3.77.  The GSA is involved in standards harmonization within the framework of the ECOWAS Standard Harmonization process (ECOSHAM). The regional harmonization procedures are governed by, inter alia, ECOWAS Regulation C/REG.14/12/12 on "Adopting ECOWAS Standards Harmonization Model and Procedures". Ghana has adopted 29 ECOWAS standards

3.78.  According to the authorities, Ghana primarily adopts international standards as national standards, especially ISO, Codex, or IEC norms. International standards are generally applied unless found unsuitable. Where no international norms exist, standards from other countries are usually used (e.g. from the American Society for Testing and Materials, American Concrete Institute, American Society of Mechanical Engineers or European Regional Standards). Ghana also develops its own standards for indigenous products, such as cassava chips or shea butter. Ghana has 3,356 national standards (December 2021)

3.79.  The initiative for the adoption of a standard is usually taken by industry groups, academics, consumers, or the wider public. A technical committee, composed of stakeholders including academia, researchers, consumer representatives, industry, and the Government, first consults existing international norms for adoption or modification as a Ghana Standard. Once a draft standard has been elaborated, comments by the public can be provided over a period of 60 days. Standards enter into force after their publication in the Government Gazette

3.80.  Standards are made mandatory upon a declaration by the competent Minister. According to the authorities, there are still lapses in the regulatory process. Some regulatory agencies promulgate technical regulations without reference to standards published by the GSA. The approval and implementation of a National Quality Policy would streamline the activities of the key stakeholders

3.81.  Since the previous Review in 2014, Ghana submitted 13 notifications to the WTO TBT Committee. These concern mainly cocoa, motor vehicle safety, energy efficiency, electrical wiring, and Ghana's conformity assessment and certification programme (Table 2.2). A specific trade concern was raised by Canada and the United States regarding Ghana's decision to base its automotive safety standards exclusively on UN Economic Commission for Europe (UNECE) standards without consideration of other international standards.[90] According to the authorities, provision has been made in all mandatory standards to allow for equivalent standards

3.82.  Ghana no longer has a mandatory conformity assessment programme (G-CAP), as notified to the WTO.[91] The inspection requirements for high‑risk goods on health, safety, and security grounds are based on the Export and Import Act, 1995, as amended, and the GSA Guidelines on Destination Inspection of High-Risk Goods (Destination Inspection Scheme) (Section 3.1.1.3)

3.83.  The GSA has inspectors at major customs offices to ensure that imported high‑risk goods comply with mandatory Ghanaian standards. Under the Destination Inspection Scheme, imported high‑risk goods must either be accompanied by a certificate of conformity issued by an internationally recognized laboratory accredited in the home country, or they will be inspected by the GSA. According to the GSA, foreign certificates of conformity and certificates of analysis from laboratories accredited by internationally recognized accreditation bodies are generally accepted. The GSA does not maintain a list of acceptable foreign laboratories but participates in the IECEE-CB Scheme[92]; test reports are also verified with reference to the International Laboratory Accreditation Cooperation (ILAC)

3.84.  The Customs classification of high-risk goods dates from the early 1990s (Table 3.11). The classification of high-risk goods has been reviewed in recent times and stakeholders now use a risk management engine/approach to determine what constitute high-risk products. There is currently a risk management team comprising all major stakeholders at the port/border, which is responsible for the risk management of imported goods. Inspection reports are used by the team to review high‑risk goods. The GSA only registers importers, and it does not regulate human and animal foods, cosmetics, drinks, pharmaceuticals, medical devices, and household chemicals. HS codes for these items are referred to the FDA for examination in ICUMS and not to the GSA. The use of a risk management engine and the single window has streamlined the duplication of inspection

3.85.  Domestic goods are certified through the GSA's procedure for product certification. In this process, producers conforming to relevant standards are given permission to use the mark of conformity on their products. The production facility is inspected, and the necessary documentation is verified. Products are sampled for the relevant tests to be carried out. A Certification Mark Committee set purposely for product certification meets and reviews all inspection reports, laboratory test reports, and associated product labelling rules and takes a decision on the products. Permission to use the mark of conformity is valid for one year, and a surveillance is also conducted every six months