AGAR AGAR (GRADING AND MARKING) RULES, 1979

From Advocatespedia, ASSN: 20276
Jump to navigation Jump to search
AGAR AGAR (GRADING AND MARKING) RULES, 1979
Total Sections 8
Enforcement Year 1979
State or Central Central
Editor Template:USERNAME
ASSN: 20276

1. Short title and application :- (1) These rules may be called the Agar Agar (Grading and Marking ) Rules, 1979.

(2) They shall apply to Agar Agar produced in India.

2. Definitions :- '- In these rules- (a) "Adviser" means the Agricultural Marketing Adviser to the Government of India; (b) "Certificate" means the Certificate of authorisation. (c) "Schedule" means a Schedule appended to these rules.

3. Grade designation :- The grade designation to indicate the quality of Agar Agar shall be as set out in Column (1) of Schedule I.

4. Grade designation mark :- (1) The grade designation mark for Agar Agar shall consist of a label specifying the grade approved by the Adviser and bearing the design consisting of an outline map of India with the word "Agmark" and Figure of rising sun with the words "Produce of I ndia" and " Indian Product" resembling the mark set out in Schedule II.

(2) The grade designation mark in case of Agar Agar may also consist of the design incorporating the number of Certificate, the word "Agmark" and the grade approved by the Adviser.

5. Definition of quality :- The quality indicated by grade designation shall be as set out in columns (2) to (II) of Schedule I.

6. Method of marking :- (1) The grade designation mark shall be securely affixed to or printed on each container in a manner approved by the Adviser.

(2) The following particulars shall also be clearly and indelibly marked on each container namely:-

(a) date of packing in code or plain letters ;

(b) lot number;

(c) name and address of packer ;

(d) place of packing ;

(e) net weight.

(3) An authorised packer may after obtaining the prior approval of the Adviser, mark his private trade mark on a container, in a manner approved by the Adviser: Provided that the private trade mark does not represent quality or grade of Agar Agar different from that indicated by grade designation mark affixed on the container in accordance with these rules.

7. Method of packing :- (1) Agar Agar shall be packed either in new, sound and clean plastic containers, or fibre-woven laminated bags, or tins, or paper cartons with polythene lining or in such other type of containers as may be approved by the Adviser.

(2) Each container shall be well filled and securely closed so as to preclude any contamination of the contents and shall be sealed in a manner approved by the Adviser.

8. Conditions of certificate :- The following conditions shall be the conditions of every certificate issued for the purpose of these rules, namely:- (a) An authorised packer shall make such arrangements for testing Agar Agar in a manner the Agricultural Marketing Adviser may specify by general or special order.

(b) An Authorised packer shall provide such facilities to the Inspecting Officers duly authorised by the Agricultural Marketing Adviser in this behalf as may be necessary for them to discharge their duties under these rules.

(c) Grade designation marks shall only be applied to the articles mentioned in the certificate and at the premises mentioned therein.

(d) During the operation of the certificate, the holder thereof shall, at all reasonable times, give access to the premises named therein to any person duly authorised by the Agricultural Marketing Adviser or by the Central Government and shall afford him facilities for ascertaining that marking is being correctly performed.

(e) The holder of the certificate shall permit any person duly authorised by the Agricultural Marketing Adviser to take samples of any graded produce or to open and inspect any package marked with each grade designation mark and shall permit any person duly authorised by the Agricultural Marketing Adviser or by the Central Government to examine the record.

(f) The holder of the certificate shall permit any duly authorised person by the Agricultural Marketing Adviser to take samples of any graded produce or to open and inspect any package bearing a grade designation mark, provided that all samples shall be paid for.

(g) Any person authorised in this behalf by the Agricultural Marketing Adviser or by the Central Government may cancel or remove a grade designation mark from any graded produce where such produce is found by such person as not to comply with the definition of quality prescribed for that article: Provided that whenever grade designation marks are removed from graded produce belonging to distributors, and not be authorised packers, the latter shall, when so directed by the Agricultural Marketing Adviser, make good to the former any loss sustained as a result of the removal of the grade designation mark, the loss being estimated on the basis of the additional value that the properly graded produce would have obtained in the market over and above the current market value of the corres- ponding quantity of the ungraded product.

(h) All the rules made under the Agricultural Produce (Grading and Marking) Act, 1937 (1 of 1937), and all instructions regarding methods of sampling analysis submission of periodical returns etc. which may be issued from time to time by the Agricultural Marketing Adviser, shall be observed.

(i) Any certificate may be cancelled, revoked, modified or suspended by the Agricultural Marketing Adviser or by any other person authorised by the Central Government in that behalf : Provided that fourteen days' notice in writing shall be given to the certificate holder at the address stated on the certificate and an opportunity given to him for showing cause as to why his certificate should not be cancelled, revoked, modified or suspended.

(j) Any holder of a certificate may, with the written consent of the Agri- cultural Marketing Adviser, use a replica of the "Agmark" design on his business papers and catalogues.

(k) Any stencil, rubber stamp, punch or other instrument or label required for marking graded produce in the prescribed manner shall be obtained only from the Agricultural Marketing Adviser, or a person authorised by him, on payment of such charges as the Central Government, may Fix in this behalf and shall be kept in safe custody by the holder of the certificate and shall be returned to the Agricultural Marketing Adviser or to such authorised person as may be authorised by the Agricultural Marketing Adviser when the certificate ceases to be valid.

(l) The issue or use of grade designation mark labels or any stencil, rubber stamp, punch or other instrument required for marking graded produce in the prescribed manner may be withheld or withdrawn by the Adviser or by a person authorised by him in this behalf without any notice, for such period as he may consider expedient in the interest of better marketing, if he is satisfied or ,has reasons to believe that the authorised packer is not applying, is not likely to apply, grade designation marks correctly.

(m) The holder of a certificate shall pay such charges as may be prescribed by the Central Government towards the expenses incurred in connection with measures for enforcing the quality control of Agar Agar marked with grade designation mark including testing of samples and inspection of such article or with any publicity work carried out to promote the sale of any class of such article.

(n) An authorised packer shall take all precautions to avoid any contami- nation of Agar Agar during processing, storage and packing.

(o) A sample of Agar Agar drawn in a manner prescribed by the Adviser from each lot shall be forwarded to such control laboratory as may be directed by the Adviser.

(p) Each container shall be filled with Agar Agar from the same lot only.