Andhra Pradesh Fish Feed (Quality Control) Act, 2020
Chapter V FISH FEED STANDARDS
General202029 sections8 chapters
Chapter V FISH FEED STANDARDS
12. Standards to be maintained for Fish Feed
Statutory text
- (1) These standards prescribed under this section shall be applicable to,-
- (i) the fish feed manufactured in the State and sold within the State;
- (ii) fish feed manufactured in other States and brought into the State for distribution / sales;
- (iii) manufactured in other countries and imported into the State for distribution and sales in the State.
- (2) The manufacturer of fish feed shall comply with the available standards of Bureau of Indian Standards (BIS) amended from time to time.
- (3) In case BIS prepares standards for any new species, they shall be followed by the fish feed manufacturers.
- (4) In case of non-availability of BIS standards for any approved species, the Controlling Authority shall prepare standards with the help of Fishery Faculty of Sri Venkateswara Veterinary University, SIFT, Labs/Institutes of Fisheries Department, ICAR Institutes and other research/technical Institutes and the Fish Feed Quality Control Committee shall approve new standards by following the procedure as may be prescribed.
- (5) The controlling authority shall do the needful for BIS approval of standards prepared under sub-section (4).
- (6) As a stop gap arrangement, till the approval of standards under sub-section (4), Fish Feed Quality Control Committee may compile FAO standards with necessary modifications, if any, to suit to the local conditions, and make it available in the public domain.
- (7) Till the time of preparation of standards under sub-section (4), fish feed manufacturers shall follow FAO standards compiled under sub-section (6).
- (8) The fish feed shall not contain any antibiotic or pharmacologically active substances under any circumstances and shall be certified accordingly on fish feed bag.
- (9) To suit to the local conditions/requirements, deviations with regard to few parameters of BIS standards like (i) pellet size, (ii) packing material, (iii) methods of analysis etc., may be permitted through Rules under this Act. Under any circumstances, all other quality standards like proximate composition etc., of fish feed shall not be deviated.
- (10) In case if standards for any particular variant of fish feed like floating pellet, micro-encapsulated feed, ornamental feeds, hatchery feeds etc., are not available, such standards shall be prescribed.
- (11) If any fish feed manufacturer makes a new fish feed/variant/functional feed/medicated feed/product and wishes to get approval for it, the licensee may apply in prescribed form to the Controlling Authority for approval of such a new fish feed/variant/functional feed/medicated feed/product. The controlling authority do the needful for approval of such new fish feed/variant/functional feed/medicated feeds/product by BIS duly following the procedure as may be prescribed.
- (12) If any fish feed manufacturer feels that any ingredient/additive other than those approved by BIS / Rules under this Act, will substantially increase the quality of fish feed, he/she may apply for approval of the same in prescribed format to the Controlling Authority, along with the sample of the ingredient/additive. On receipt of such application and sample, the Controlling Authority shall refer the matter to “Fish Feed Quality Control Committee”. By duly following the prescribed procedure, the Controlling Authority may do the needful for approval of such new ingredient/additive by it and subsequently by BIS duly following the procedure as may be prescribed.
- (13) Any fish feed shall contain only those ingredients / additives that are approved by BIS/Government of Andhra Pradesh.”
- (14) Label of Fish Feed bag shall consist of all the information / details as may be prescribed.
- (15) Other additional criteria/parameters to be complied by the manufacturers/ dealers/ vendors of fish feed/ fish feed ingredients shall be prescribed.
Chapter V FISH FEED STANDARDS
13. Feed Analysis Laboratories
Statutory text
The Government may notify one Referral Fish Feed Analysis Laboratory and one or more Fish Feed Analysis Laboratories as may be prescribed.
Chapter V FISH FEED STANDARDS
14. Fish Feed Inspector
Statutory text
Fisheries Development Officer or any other Gazetted Officer of Fisheries Department who is designated by the Controlling Authority shall be the Fish Feed Inspector.
Chapter V FISH FEED STANDARDS
15. Powers, Role and Responsibilities of the Fish Feed Inspector
Statutory text
- (1) The Fish Feed Inspector may,-
- (a) enter and search the premises of Fish Feed manufacture/storage facilities and sale points at all reasonable times, with such assistance, if any, when he/she receives any complaint or if he/she considers necessary, any place in which he/she has reason to believe that an offence under this Act has been or is being committed and order in writing the person in possession of any fish feed in respect of which the offence has been or is being committed, not to dispose of any stock of fish feed for a specific period not exceeding seven (7) days or, unless the alleged offence is such that the defect may be rectified by the possessor of the fish feed, restrict the stock of such fish feed from being sold;
- (b) take samples of fish feed,-
- (i) from any fish feed manufacture unit / storage facility, sale points from any person/firm selling or offering to sell such fish feed; or
- (ii) from any person who is in the course of conveying or delivering or preparing to deliver such fish feed to a purchaser or a consignee; or
- (iii) upon receipt of complaint, from any consignee or purchaser after delivery of such fish feed to him/her by following procedure prescribed under rules.
- (c) send such sample for analysis to the Fish Feed Analysis Laboratory as mentioned in section 17;
- (d) examine any record, register document or any other material object found in any place mentioned in clause (a) and seize the same if he/she has any reason to believe that it may provide evidence of the commission of an offence punishable under this Act; and
- (e) exercise such other powers as may be necessary for carrying out the purposes of this Act or any Rules made thereunder.
- (2) Where any sample of any Fish Feed is taken under sub-clause (i) and (ii) of clause (b) of sub-section (1), its cost, calculated at the rate at which such Fish Feed is usually sold to fish farmers shall be paid in cash to the person from whom it is being taken under proper cash bill/ invoice.
- (3) The power conferred under this section includes power to break-open any facility/container in which any fish feed may be contained or to collect the fish feed from fish feed manufacturing unit/godown/warehouse/shop or any other place where any such fish feed may be kept for sale and distribution: Note: Provided that, the power to collect the fish feed from fish feed manufacturing unit/godown/warehouse/shop or any other place shall be exercised only after the owner or any other person in occupation of the premises, if present, therein, refuses to allow collection of the fish feed sample on being called upon to do so.
- (4) Where the Fish Feed Inspector takes any action under sub-section (3), he shall, as far as possible, ask the Committee, designated for the purpose under rules of this Act, to be present at the time when such action proposed to be taken and take the signatures of the Designated Committee members on a memorandum to be prepared in such form as may be prescribed.
Chapter V FISH FEED STANDARDS
16. Responsibility of Licensee
Statutory text
Whenever Fish Feed Inspector enters into premises of a licensee,-
- (1) The owner or occupier or every person found therein shall give the Fish Feed Inspector best possible assistance in his/her power/capacity to enable the Fish Feed Inspector to carry out his/her duties and functions under this Act and shall furnish him/her with such information with respect to the administration of this Act and the regulation as he/she may reasonably require.
- (2) No person shall obstruct or deceive or mislead Fish Feed Inspector in carrying out his/her duties or functions under this Act.
- (3) If any offense is committed under sub-section (2), the Fish Feed Inspector shall take the assistance of one or two witnesses and shall discharge his/her duties.
- (4) In case if same offence is repeated again by the owner or occupier or any person found in the premises, the Fish Feed Inspector shall lodge a complaint in the nearest police station.
- (5) Offence committed under sub-section (2) and / or (4) is punishable under the Code of Criminal Procedure, 1973 and/or any other appropriate law. (Central Act 2 of 1974).
- (6) The fish feed manufacturer shall send two fish feed samples of prescribed quantity from each batch produced in the feed manufacturing unit under seal to Fish Feed Inspector as may be prescribed for usage as reference samples when required under clause (g) under sub-section (3) of section 17.
Chapter V FISH FEED STANDARDS
17. Collection and Analysis of Fish Feed Sample
Statutory text
- (1) Samples collected as per sub-section (6) of section 16 shall be sent to Fish Feed Analysis Laboratory and Referral Fish Feed Analysis Laboratory by the Fish Feed Inspector as may be prescribed. These samples are to be preserved by both the laboratories as reference samples till the date of expiry of fish feed.
- (2) Whenever a Fish Feed Inspector intends to take sample of any Fish Feed of required quantity for analysis, he/she shall,-
- (a) give notice in writing, then and there, of such intention to the person/firm from whom he/she intends to take sample as may be prescribed;
- (b) except in special cases provided by rules made under this Act, fish feed samples are be collected only if the date of expiry of fish feed is more than Seven (7) days on the intended date of sample collection.
- (c) except in special cases provided by rules made under this Act, take four representative samples in the prescribed manner and quantity and mark and seal or fasten up each sample in such manner as its nature permits.
- (d) except in special cases provided by Rules made under this Act, on receipt of a complaint and on the payment of prescribed sample analysis fee, sample shall be collected from a purchaser or a consignee.
- (e) in case of collection of sample as per clause (d), name and other details of the purchaser shall be maintained in a separate register.
- (f) except in special cases provided by Rules made under this Act, whenever a sample is collected from a purchaser or a consignee the concerned licensee, i.e. vendor/ dealer/manufacturer shall be informed about the collection of sample so as to provide an opportunity to the licensee to make sure that reference sample from the same batch provided by him/her under sub-section (6) of section 16 is also analyzed along with the sample collected from purchaser or consignee.
- (3) when samples of any Fish Feed are taken under sub-section (2) the Fish Feed Inspector shall,-
- (a) deliver one sample to the person/firm from whom it has been taken under proper acknowledgement;
- (b) send another sample, for analysis to the notified Fish Feed Analysis Laboratory for the area within which such sample has been collected in the prescribed manner; and
- (c) send one of the sample in the prescribed manner to Referral Fish Feed Analysis Laboratory, for analysis as and when required under sub-section (4) of section 18. The sample is to be preserved for a minimum period of thirty (30) days for analysis;
- (d) On request of the licensee and on payment of prescribed fee shall send one of the sample in prescribed manner to any Government approved fish feed analysis laboratory, for analysis. Result of such analysis may be used by the Licensee for comparison only and it shall not be used for taking or not taking any action under the Act /Rules. Result of Fish Feed Analysis Laboratory/Referral Fish Feed Analysis Laboratory shall supersede the result of approved laboratory in all cases without any exception;
- (e) If the person from whom the sample/s have been taken refuses to accept one of the samples, the Fish Feed Inspector shall send intimation to the Feed Analysis Laboratory of such refusal and thereupon the Fish Feed Analyst on receiving the sample for analysis shall divide it into two parts and shall seal or fasten up one of those parts and shall cause it, either upon receipt of the sample or when he delivers his report, to be delivered to the Fish Feed Inspector who shall retain it for production in case legal proceedings are taken;
- (f) If samples collected as per procedure described under clause (d) of sub-section (2), shall send such samples to Fish Feed Analysis laboratory and Referral Fish Feed Analysis laboratory by filling prescribed forms under the Rules;
- (g) On receipt of sample as per clause (f), the Fish Feed Analyst at the concerned laboratory shall also analyze reference sample received under sub-section (6) of section 16 along with original sample. If there is any deviation in the results of original sample and reference sample, both the reports shall be referred to the Licensing Authority to take an appropriate decision based on the report given by concerned Fish Feed Inspector and field conditions. The decision of the Licensing Authority shall be final in this regard;
- (h) If fish feed expiry date is lesser than sixty (60) days from date of collection of sample, Fish Feed Inspector shall take all necessary steps to send the samples to both Fish Feed Analysis Laboratory as well as Referral Fish Feed Analysis Laboratory immediately with a special request to analyse the samples on priority basis well before expiry date.
Chapter V FISH FEED STANDARDS
18. Report of Fish Feed Analysis Laboratory
Statutory text
- (1) The Fish Feed Analyst at notified Fish Feed Analysis Laboratory, after the receipt of the sample under sub-section (3) of section 17, analyse the sample and deliver the report of analysis, in duplicate, to the Fish Feed Inspector within fifteen (15) days from the date of receipt of sample.
- (2) In case of receipt of sample with special request as per clause (h) of sub-section (3) of section 17, the analyst at fish feed analysis laboratory shall do analysis of the sample on priority basis well before the expiry date of sample.
- (3) Fish Feed Inspector shall serve a copy of the report to the person from whom the sample has been taken under proper acknowledgement.
- (4) Before institution of prosecution under this Act, the licensee shall on payment of the prescribed fee, make an application within fifteen (15) days in the prescribed form to the Licensing Authority for analysis of the sample mentioned in clause (c) of sub-section (3) of section 17 in Referral Fish Feed Analysis Laboratory, on receipt of the application, the Licensing Authority shall request the Referral Fish Feed Analysis Laboratory, to analyse the sample.
- (5) The Analyst at Referral Fish Feed Analysis Laboratory shall analyse the sample and send the analysis report to the Licensing Authority in the prescribed form within fifteen (15) days from the date of receipt of the request from Licensing Authority.
- (6) In case of receipt of sample with special request as per clause (h) of sub-section (3) of section 17, the analyst at referral laboratory shall not wait for instructions from licensing authority and shall do analysis of the sample on priority basis well before the expiry date of sample.
- (7) The report sent by the Referral Fish Feed Analysis Laboratory shall be final and supersede the report given by the notified Fish Feed Laboratory under sub-section (1).
- (8) Where the report sent by the Referral Fish Feed Analysis Laboratory under sub-section (4) or (5) is produced in any Court proceedings, it shall not be necessary in such proceedings to produce any sample or part thereof taken for analysis.
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