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SIKKIM
GOVERNMENT GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Gangtok Monday 12th January, 2015 No.4
GOVERNMENT OF SIKKIM
LAW DEPARTMENT
GANGTOK
No.10/LD/P/15 Dated: 7.01.2015
NOTIFICATION
The following Act passed by the Sikkim Legislative Assembly and having received assent of the Governor on 28th
day of November, 2014 is hereby published for general information:-
THE SIKKIM AGRICULTRAL, HORTICULTURAL INPUT AND LIVESTOCK
FEED REGULATORY ACT, 2014
(ACT No. 10 OF 2014)
AN
ACT
to regulate the import, sale, distribution and use of inorganic Agricultural, Horticultural Inputs and Livestock Feed to prevent risk to human beings or animals and environment and to make the State of Sikkim an Organic State and for matters connected therewith. Be it enacted by the Legislature of Sikkim in the Sixty-fifth Years of the Republic of India as follows:-
Short title, extent and
commencement.
1. (1) This Act may be called the Sikkim Agricultural, Horticultural input and Livestock Feed Regulatory Act, 2014.
(2) It extends to the whole of Sikkim.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette appoint. Definitions. 2. InthisActunlessthecontext otherwise requires-
(a) "animals" means animals useful to human beings and also includes fish and fowl and such kinds of wildlife as the State or Central Government may by notification in the Official Gazette specify being kinds which in its opinion it is desirable to protect or preserve;
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'(b )"farm unit" means an agricultural farm. area or production unit managed organically by a farmer or a group of farmers;
(c) "State Government" means the Government of Sikkim through the Department of Food Security and Agriculture Development and Horticulture and Cash Crops Development;
(d) "green manure" means manure conslstinqof fresh green plant matter which is ploughed in or turned into the soil for the purposes of soil improvement;
(e) "habitat" means the area in which a plant or animal species naturally exists;
(f) "inputs" means those items which are categorised as "inputs prohibited", "inputs permitted" and "inputs restricted" as specified in Schedule I.
(g) "inputs permitted" means those items which can be used in organic farming and are specified in Schedule I;
(h) "inputs prohibited" means those items the use of which is prohibited in organic farming and are those which are not permitted or restricted as specified in Schedule I;
(i) "inputs restricted" means those items that are allowed in organic farming in a restricted manner as per the guidelines of National Programme for Organic Production;
U) "inspection" means inspection by an Organic Regulatory lnsoectors at any place within the territory of Sikkim to verify the use of inputs and feed as set out in the Act.
(k) "livestock" means any domestic or domesticated animal including Bovine (Buffalo and Bison), Porcine, Caprine, Equine, Poultry and Bees raised for food or in the production of food but does not include the products obtained by fishing;
(I) "marketing" means holding for sale or displaying for sale, offering for sale, selling, delivering or placing in the market or in any other form;
(m)"NPOP" means National Programme for Organic Production; {n) "Organic Regulatory Inspectors" means and include such officials as may be appointed/designated by the State Government;
(0) "Organic" means a particular farming system without artificial chemicals such as fertilizers, pesticides etc as described in the Act;
(p) "Organic Agriculture" is a system of farm design and management to create an ecosystem which can achieve sustainable productivity without the use of artificial external inputs SU~:I as chemical, fertilizers and pesticides;
(q) "Organic Feed or Feed Materials" mean feeding stuff/feed materials which have been made from organic materials and
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Prohibition of Import of Inorganic
Agricultural, Horticultural Inputs and Livestock Feed. Prohibition of sale etc. of Inorganic Agrlcu/tural,Horticu/tural Inputs and Livestock Feed.
Prohibition of use in cultivation of crop of inorganIc
Agricultural and Horticultural Inputs.
produced as per the standards laid down in the National Programme for Organic Production regulations;
(r) "Organic seeds" and planting material mean seed and planting material produced under certified Organic System;
(s) "Organic Mission" means the State Organic Mission set up by the State Government;
(t) "prescribed" means prescribed by rules under this Act;
(u) "Rules" means the rules framed under the Sikkim Agricultural, Horticultural Input and Livestock Feed Regulatory Act, 2014;
3. No person shall himself or by any person on his behalf import into Sikkim,-
(a) any inorganic Agricultural, Horticultural Inputs and Livestock Feed for sale or distribution or use of which is for the time being prohibited and restricted under clause (h) and (i) of Section 2;
(b) any inorganic Agricultural, Horticultural Inputs and Livestock Feed in contravention of any other provision of this Act or of rules made there under.
4. No person shall himself or by any person on his behalf sell, stock or exhibit for sale, distribute, transport, use or caused to be used :-
(a) any inorganic Agricultural, Horticultural Inputs and Livestock Feed which is for the time being prohibited and restricted under clause
(h) and (i) of Section 2;
(b) any inorganic Agricultural, Horticultural Inputs and Livestock Feed in contravention of any other provision of this Act or of any rule made there under.
5. No person shall himself or by any person on his behalf put \0 use for cultivation or stock :-
(a) any inorganic Agricultural, Horticultural Inputs which is for the time being prohibited and restricted under clause (h) and (i) of Section 2;
(b) any inorganic Agricultural, Horticultural Inputs in contravention of anyotherprovision of this Act or of any rule made there under.
Explanation:- For the purpose of this section, organic seed and plant materials shall be used for cultivation but when certified organic seed and plant materials are not available, chemically untreated conventional materials shall be used with the permission of State Government as per the provision contained in Section 8 of the Ad. The use of genetically engineered seeds, pollen, trans-gene plants or plant material is prohibited for cultivation.
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Prohibition of use in 6. poultry farming and cattle farming of in organic livestock feed.
Protection of Habitat.
No person shall himself or by any person on his behalf put to use in poultry farming and cattle farming or stock-
. (a) Any livestock feed which is for the time being prohibited and restricted under clause (h) and (i) of Section 2.
(b) Any inorganic livestock feed in contravention of any other provision of this Act as' or of any rule made there under.
<Explanation: Forthe purpose of this section livestock feed containing Atrazine, Arsenic based compounds and all forms of Animal Protein including chicken litter are prohibited for use in Poultry and Cattle Farming.
Explanation: For the purpose of this section, the following products shall not be included nor added to the feed given to farm animals:
(i) synthetic growth stimulants;
(ii) synthetic appetizers;
(iii) artificial colouring agents;
(iv) farm animals by products;
(v) pure amino acids;
(vi) genetically engineered organisms or products thereof;
7. No person shall himself or by any person on his behalf put to use or stock in Sikkim:-
(a) Any inorganic Agricultural, Horticultural Inputs, Livestock feed which is for the time being prohibited and restricted for the protection and preservation of any area defined as a habitat.
(b) any inorganicAgricultural, Horticultural Inputs, Livestock Feed in .contravention of any other provision of this Act or of any rule made there under.
of Restricted Inputs. Import, Sale and use 8. (1) Any person desiring to import or to sell, stock, exhibit for sale or distribute or use in the cultivation of crop, any restricted agricultural and horticultural inputs may make an application to the State Government for the grant of permission to .import or to sell, stock, exhibit for sale or distribute or use in the cultivation of crop any restricted agricultural inputs.
(2) Any person desiring to import or to sell, stock, exhibit for sale or distribute or use in Cattle Farming or Poultry Farming any restricted - items of Livestock Feed may make an application to the State Government for the grant of permission.
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Organic Regulatory Inspectors.
9. (1) The State Government may by notification in the Official Gazette appoint such number of persons as it thinks fit and possessing such technical and other qualifications as may be prescribed to be Organic Regulatory Inspectors for such area as may be specified in the notification;
(2) Every Organic Regulatory Inspector shall be deemed to be a Public Servant;
(3) The State Government may by notification also designate/appoint such other officials as Additional Regulatory Inspector for the purpose .of assisting the Organic Regulatory Inspector.
Powers of Organic 10. The powers and functions of the Organic Regulatory Inspectors shall Reg u I a tor y be such as may be prescribed by the rules made there under.
Inspectors. Offences Punishment. and 11. Whoever,-
(a) Imports, sells, stocks, or exhibits for sale or distributes for commercial purposes any Inorganic Agricultural, Horticultural Inputs and Livestock Feed which are prohibited and restricted under clause (h) and (I) of Section 2 or;
(b) puts to use in the cultivation of farm land or stocks in a farm land inorganic Agricultural, Horticultural Inputs or;
(c) puts to use and stocks for poultry farming and cattle farming Inorganic Livestock Feed prohibited and restricted under clause
(h) and (i) of Section 2 or;
(d) puts to use or stocks inorganic Agricultural, Horticultural inputs and Livestock feed which are prohibited in an area defined as habitat or;
(e) Prevents or obstructs an Organic Regulatory Inspector in the exercise of his powers or discharge of his duty under this Act or the rules made there under shall be punishable:
(i) with imprisonment of either description for a term which may extend to 3 months, or with fine which may not be less than RS.25, 000/- (Rupees twenty-five thousand) only but shall not exceed more than Rs. 1,00,000/- (Rupees one lakh) or with both.
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Cognizance and trial of offences.
Protection of action taken in good faith. Applicability of 14. other laws not barred.
Power of the State
15.
Government to make Rules. Repeal and saving. 16.
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If any person who has been convicted of the commission 11 an offence punishable under this Act shall be punished fOlt the second and every subsequent offence with a fine whiclil may extend to twice the amount imposed on him in hi~ previous conviction: n
Provided that the Court may for reasons to be recorded i~I judgement. impose a fine exceeding the fine for which a I person is liable. 'It
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12. 1. No prosecution for an offence under this Act shall be institute~l
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except by official/officials authorised in this behalf by general or special~ order issued by the State Government in this behalf. 11
2. All offences under this Act made there under shall be triable in thel Court of Judicial Magistrate upon a complaint instituted as per the:
(ii)
provision of sub-section(1)
13.
~ No suit, prosecution or other legal proceedings shall lie against the~ Government or any officer of the Government or any other person _ exercising any powers or discharging any functions or performing any duties under this Act for anything done in good faith or intended to be done under this Act or any rule made there under. The provisions of this Act shall be in addition to and not in derogation of any other law for the time being in force.
The State Government may by notification in the Official Gazette make rules for carrying out the purposes of this Act.
(1) The Sikkim Agricultural, Horticultural Input and Livestock Feed Regulatory Ordinance, 2014 (Ordinance No.1 of 2014), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken in exercise of the powers conferred by or under that Ordinance shall be deemed to have been done ortaken in exercise of the powers conferred by or under this Act as if this act was in force on the day on which such thing was done or such action was taken.
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1.
(a) (b) (c)
SCHEDULE -I (See Section 2)
I. Products for Use in Fertilizing and Soil Conditioning Matter Produced on an Organic Farm Unit
Farmyard and poultry manure, slurry, urine Crop residues and green manure Straw and other mulches
2. Matter Produced Outside the Organic Farm Unit
(a) Blood meal, meat meal, bone meal and feather meal without Preservatives
Compost made from any carbon based residues (Animal excrement includi!lg poultry)
(b) (c) (d) (e) (f) (g) (h)
Farmyard manure, slurry, urine("factory" farming sources prohibited) Fish and fish products without preservatives
Guano
Human excrement
By-products from the food and textile industries of biodegradable material of microbial, plant or animal origin without any synthetic additives.
Peat without synthetic additives (prohibited for soil conditioning) Permitted
Permitted
Permitted
Restricted
Restricted
Restricted
Restricted
Restricted
Prohibited
Restricted
Permitted
(i) Sawdust, wood shavings, wood provided it comes from untreated wood Permitted
(j) Seaweed and seaweed products obtained by physical processes,
(k)
(I)
(m) (n) (o) (p) (q) ( r)
extraction with water or aqueous acid and/or alkaline solution Sewage sludge and urban composts from separated sources which are monitored for contamination
Straw
Vermicasts
Animal charcoal
Compost and spent mushroom and vermiculate substances Compost from organic household reference
Compost from plant residues
By products from oil palm, coconut and cocoa (including empty fruit bunch, palm oil mill effluent (pome), cocoa peat and empty cocoa pods) Restricted
Restricted
Restricted
Restricted
Restricted
Restricted
Restricted
Restricted
Restricted
(s) By products of industries processing ingredients from organic agriculture Restricted
3. Minerals (a)
(b)
(c)
(d)
Basic slag Calcareous and magnesium rock Calcified seaweed
Calcium chloride
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Restricted
Restricted
Permitted
~'8rmitted
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\
I
\ \ \
I
J
Permitted \,I Retricted Restricted Restricted Permitted Restricted Restricted Restricted Permitted Permitted Permitted Restricted Restricted Restricted Permitted Permitted Permitted Permitted Permitted Permitted
(e) Calcium carbonate of network origin (chalk, limestone, gypsum and phosphate chalk)
(f) Mineral potassium with low chlorine content (e.g. sulphate of potash, kainite, sylvinite, patenkali)
(g) Natural phosphates (e.g. Rock phosphates)
(h) Pulverized rock
(i) Sodium chloride
(j) Trace elements (boron, I, Fe, Mn, Molybdenum, Zn)
(k) Woodash from untreated wood
(I) Potassium sulphate
(m) Magnesium sulphate (Epson salt)
(n) Gypsum (calcium sulphate)
(0) Stillage and ,:;~i:lageextract
(p) Aluminum calcium phosphate
(q) Sulphur
(r) Stone mill
(s) Clay (bentonite, perlite, zeolite)
4. Microbiological Preparations a. Bacterial preparations (biofertilizers) b. Biodynamic preparations
c. Plant preparations and botanical extracts d. Vermiculate
e. Peat
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(I)
(m)
II. Products for Plant Pest and Disease Control
1. Substances from plant and animal origin Azadirachta indica [neem preparations (neem oil)] Preparation of rotenone from Derris elliptica Lonchocarpus. Thephrosia spp.
Gelatin
Propolis
Plant based extracts (e.g. neem, garlic, pongamia, etc.) Preparation on basis of pyrethrins extracted from Chrysanthemum cinerariifolium, containing possibly a synergist pyrethrum cinerariifolium Restricted Preparation from Quassia amara Restricted
Release of parasite predators of insect pests Restricted
Preparation from Ryania species Restricted
Tobacco tea Prohibited
Restricted
Restricted
Restricted
Permitted
Restricted
Permitted
Lecithin
Casein
Restricted
Permitted
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(n)
(0)
(p) (q) (r) (a) (b) (c) (d) (e)
(1)
(g) (h) (i)
(j)
(k)
Sea weeds, sea weed meal, sea weed extracts, sea salt and salty water Restricted Extract from mushroom (Shiitake fungus) Permitted
Extract from Chlorella
Fermented product from Aspergillus
Natural acids (vinegar)
2. Minerals
Chloride of lime/soda Clay (e.g. bentonite, perlite, vermiculite, zeolite) Copper salts / inorganic salts (Bordeaux mix, copper hydroxide, copper oxychloride)used as a fungicide, maximum 8 kg per ha per year depending upon the crop and under the supervision of inspection and certification agency
Mineral powders (stone meal, silicates)
Diatomaceous earth
Light mineral oils
Permanganate of potash
Lime sulphur (calcium polysulphide
Silicates (sodium silicate, quartz)
Sodium bicarbonate
Sulphur (as a fungicide, acaricide, repellent)
3. Microorganisms I Biocontrol agents
(a) Viral preparations (e.g., Granulosis viruses, Nuclear polyhydrosis, .viruses etc.).
(b) Fungal preparations (e.g., Trichoderma species etc.)
(c) Bacterial preparations (e.g., Bacillus species etc.)
(d) Parasites, predators and sterilized insects."
4. Others (a)
(b) (c) (d) (e)
Carbon dioxide and nitrogen gas Soft soap (potassium soap) Ethyl alcohol
Homeopathic and Ayurvedic preparations Herbal and biodynamic preparations
5. Traps
Physical methods (e.g., chromatic traps, mechanical traps, light traps, sticky traps and pheromones)
Mulches, nets
(a) (b) -9-
Permitted Restricted Restricted Restricted Permitted Restricted Prohibited Restricted Restricted Restricted Restricted Restricted Permitted Restricted Permitted Permitted Permitted Permitted Restricted Permitted Prohibited Permitted Permitted Permitted Permitted
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List of Approved Feed Materials, Feed Additives and Processing Aids for Animal Nutrltlon]
1. Feed Materials of Plant Origin
(a) Cereals grains, their products and by - products
(b) Oilseeds, oil fruits, their products and by - products
(c) Legume seed, their products and by - products
(d) Tuber roots, their products and by - products
(e) Other seeds and fruits
(1) Forages and roughages
(g) Molasses as a binding agent
2. Feed Material of Mineral Origin
(a) Seasalt, rocksalt
(b) Sodium sulphate
(e) Sodium carbonate
(d) Sodium bicarbonate
(e) Sodium chloride
(f) Calcium carbonate
(g) Calcium lactate
(h) Calcium gluconate
(i) Bone dicalcium phosphate precipitate
(j) De fluorinated dicalcium phosphate
(k) Anhydrousmagnesia
(I) Magnesium sulphate (rn) Magnesiumchloride
(n) Magnesiumcarbonate Restricted
Restricted
Restricted
Restricted
Restricted
Restricted
Restricted
Restricted
Restricted
Restricted
Restricted
Restricted
Restricted
Restricted
3. Trace Elements
(a) Iron
(b) Iodine
(c) Cobalt
(d) Manganese
(e) Zinc
(f) Molydenum
(g) Selenium Feed additives Feed additives Feed additives Feed additives Feed additives Feed additives Feed additives
4. Vitamins Restricted
5. Enzymes
6. Micro-organisms
Restricted
. Restricted
Lakchung Sherpa (SSJS) l.R-eum-Secretary, Law Department.
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