Chapter I PRELIMINARY

(1) This Act may be called the Andhra Pradesh Milk Procurement (protection of farmers) and Enforcement of Safety of Milk Standards Act, 2023. (2) It extends to the whole of the State of Andhra Pradesh. (3) It shall come into force on such date as the Government of Andhra Pradesh may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act.

In this Act, unless the context otherwise requires,- (1)“Adulterant” means any material which is or could be employed for making the milk unsafe or sub-standard or mis-branded or containing extraneous matter. (2) “Authorized Officer” means any officer appointed by the Milk Commissioner and delegated with the specified powers of the Milk Commissioner; (3)“Bulk Milk Cooling Unit or Milk Chilling Centre” means a premises where milk collected from different sources is cooled/chilling, storage. (4) “Buyer” means a person who purchases milk for cash or deferred payment or any other valuable consideration; (5)“Calibration” means the process of evaluating and adjusting the precision and accuracy of measuring equipment; (6)“Company” means Company as defined in the Companies Act, 2013; (Central Act No.18 of 2013.) (7)“Dealer”, in relation to any Milk Analyzer, means a person, who carries on, directly or otherwise, the business of buying, selling, supplying or distributing any such Milk Analyzer, whether for cash or for deferred payment or for commission, remuneration or other valuable consideration, and includes a commission agent, an importer, a manufacturer, who sells, supplies, distributes or otherwise delivers any Milk analyzer manufactured by him to any person other than a dealer; (8) “Government” means the State Government; (9) “Licence” means licence granted under section 12 (10) “Manufacturer” in relation to milk analyzer, means a person who – (i) manufactures milk analyzer, (ii) manufactures one or more parts, and acquires other parts, of such milk analyzer and, after assembling those parts, claims the end product to be a milk analyzer manufactured by himself or itself, as the case may be, (iii) does not manufacture any part of such milk analyzer but assembles parts thereof manufactured by others and claims the end product to be a milk analyzer manufactured by himself or itself, as the case may be, (iv) puts, or causes to be put, his own mark on any complete milk analyzer made or manufactured by any other person and claims such product to be a milk analyzer made or manufactured by himself or itself, as the case may be; (11) “MILK” milk means lacteal secretion from cow or Buffalo. (derived from complete milking of healthy milch animal, without either addition there to or extraction there from, unless otherwise provided & it shall be free from collostrum) (12) “Milk Analyzer” means an instrument which is used for determining the quality parameters specified by or under the ACT and includes Electronic Milko tester/ Gerber tester/ Lactoscan analyzer/ Ultrasonic Milk Analyzer/FTRI Analyzer; (13)“Milk Commissioner” means the Milk Commissioner appointed under section 6; (14)“Milk Processing Plant or Dairy Plant” means a premises where milk is received, chilling of Milk, storage of Milk, Processing of milk, standardization of milk and marketing of milk and milk products. (15)“Milk Procurement” means collection of milk from the milk producers/pourers at Milk centres. (16) “Notification” means a notification published in the Official Gazette; (17) “Non-Standard Milk Analyzer” means a milk analyzer which does not comply with the standards prescribed in the Act and the rules made there under; (18) “Person” includes,— i. Any individual, ii. Every department or office, iii. Every organization established or constituted by Government, iv. Every local authority within the territory of India, v. a company, firm and association of individuals, vi. trust constituted under an Act, vii. every co-operative society, constituted under an Act, viii. every other society registered under the Societies Registration Act, 1860 (Central Act No.21 of 1860); (19) “Premises” includes— i. A place where any business, industry, production or transaction is carried on by a person, whether by himself or through an agent, by Whatever name called, including the person who carries on the business in such premises, ii. a ware house, godown or other place where any milk analyzer is stored or exhibited, iii. a place where any books of account or other documents pertaining to any trade or transaction are kept, iv. a dwelling house, if any part thereof is used for the purpose of carrying on any business, industry, production or trade, v. a vehicle or vessel or any other mobile device, with the help of which any transaction or business is carried on; (20) “Prescribed” means prescribed by rules made under this Act; (21) “Purchase” with its grammatical variations and cognate expressions, means transfer of cash or deferred payment or any other valuable consideration for milk; (22) “Sale” with its grammatical variations and cognate expressions, means transfer of milk by one person to another for cash or for deferred payment or for any other valuable consideration; (23) “Sample” means a sample of milk taken under the provisions of this Act or any rules made there under; (24) “Seal” means a device or process by which a stamp is made, and includes any wire or digital password or other accessories which is used for ensuring the integrity of any stamp; (25) “Seller” means a person who sells milk for cash or deferred payment or any other valuable consideration; (26) “Stamp” means a mark, made by impressing, casting, engraving, etching, branding, affixing pre-stressed paper seal or any other process in relation to any milk analyzer with a view to – i. Certifying such milk analyzers conforms to the standard specified by or under this ACT, or ii. Indicating that any mark which was previously made there are certifying that milk analyzer conforms to the standards specified by or under this Act, have been obliterated. (27)“Standard Milk Analyzer” means a milk analyzer that complies with the standards prescribed in the Act and the rules made there under; (28)“Sub-standard”: milk shall be deemed sub standard if it does not meet the specified standards but not so as to render the milk unsafe; (29) “Transaction” means any contract, whether for sale, purchase, exchange or any other purpose; (30) “User” means the person who uses the milk analyzer in a premises for the purpose of milk procurement, testing of milk quality at the milk chilling centre, Bulk Milk Cooling Units, Processing Plant, Dairy Plant; (31) “Unsafe milk” means milk whose nature, substance or quality is so affected as to render it injurious to human health; (32) “Verification” with its grammatical variations and cognate expression, includes, in relation to any milk analyzer, the process of comparing, checking, testing or adjusting such milk analyzer with a view to ensuring such milk analyzer conforms to the standards prescribed by the ACT and the rules made there under. (i) By milk itself, or its package thereof, which is composed, whether wholly or in part, of poisonous or deleterious substance; or (ii) By the article consisting wholly or in part, of any filthy, putrid, decomposed or diseased animal substance or vegetable substance; or (iii) By virtue of its unhygienic processing or the processing or presence in that milk of any harmful substance of; or (iv) By addition of a substance directly or as an ingredient which is not permitted; or (v) By the abstraction, wholly or in part, of any of its constituents; or (vi) By the presence of any coloring matter or preservatives other than the specified in respect thereof; or (vii) By the milk being infected or infested with worms, weevils, or insects; or (viii) By the virtue of its being packed or kept under insanitary conditions; or (ix) virtue of its being misbranded or sub-standard or food containing extraneous matter; or (x) By virtue of its containing pesticides and other contaminants in excess quantities specified by regulations.

The provisions of this Act shall have effect not withstanding anything inconsistent there with contained in any enactment other than this Act or in any instrument having effect by virtue of any enactment other than this Act.