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)