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Fertiliser (Inorganic, Organic Or Mixed) (Control) (Third ) Amendment Order, 2024

Fertiliser (Inorganic, Organic Or Mixed) (Control) (Third ) Amendment Order, 2024

Fertiliser (Inorganic, Organic Or Mixed) (Control) (Third ) Amendment Order, 2024

 

[08th May 2024]

In exercise of the powers conferred by section 3 of the Essential Commodities Act, 1955 (10 of 1955), the Central Government hereby makes the following Order further to amend the Fertiliser (Inorganic, Organic or Mixed) (Control) Order, 1985, namely:-

Order - 1. Short title and Commencement

(1)     This Order may be called the Fertiliser (Inorganic, Organic or Mixed) (Control) (Third ) Amendment Order, 2024.

(2)     It shall come into force on the date of its publication in the Official Gazette.

Order - 2.

In Clause 20 C, relating to " Specifications in respect of Biostimulants",-

(i)       for sub-clause (1), the following sub-clause shall be substituted, namely:-

"(1) Notwithstanding anything contained in this Order, the specification of Biostimulants, including its name, active ingredient or tracer molecule or where it is not possible to indicate its active ingredient or tracer molecule there its chemical composition , name of crop to which it is applied , its benefits and the method of analysis for determination of its active ingredients or chemical composition or tracer molecule shall be specified by the Central Government in Schedule VI.."

(ii)      in sub-clause (2), after item (h) and the entries relating thereto, the following shall be inserted namely:-

"(i) Live micro-organisms excluding biofertilizers and biopesticides";

(iii)     for sub-clause (3), the following sub-clause shall be substituted, namely:-

"(3) Notwithstanding anything contained in this Order, for inclusion of any new Biostimulant in Schedule VI, manufacturer or importer shall submit an application to the controller in form G with the following data

(A)     Chemistry:

(1)     Source (natural extracts of plant or microbe or animal or synthetic).

(2)     Product Specification (with analysis from Good Laboratory Practice or National Accreditation Board for Testing and Calibration Laboratory (NABL) accredited laboratory), Physical and Chemical properties of active ingredients and adjuvants, if any.

(3)     Method of analysis conforming to the specifications.

(4)     Shelf-life;

(B)     Bio-efficacy Trials

(1)     Agronomic Bio-efficiency trials shall be conducted at National Agricultural Research System, including Indian Council of Agricultural Research, State Agricultural Universities.

(2)     Bio-efficacy trials shall be conducted at minimum three different doses for one season at three agro ecological locations;

(C)     Toxicity:

(1)     Name of the Institute or Details of the Report or Publication (where the manufacturer of Biostimulant obtained the certificate or the report ratifying the claims)

(2)     The test report along with recommendation of following five basic acute toxicity tests (i) to (v) and four Eco toxicity tests (vi) to (ix) of GLP accredited laboratory shall be submitted along with the application, namely:-

(i)       Acute oral (Rat);

(ii)      Acute dermal (Rat);

(iii)     Acute Inhalation (Rat);

(iv)    Primary skin Irritation (Rabbit);

(v)      Eye irritation (Rabbit);

(vi)    Toxicity to bird;

(vii)   Toxicity to Fish (Freshwater);

(viii)  Toxicity to honeybee; and

(ix)    Toxicity to earthworm.

Note: The Long-term chronic studies as in case of pesticides are not needed to be conducted:

Provided that in case of Protein hydrolysates, sea weed (Ascophyllum nodusum, Saragassum, Kappaphycus, Gracilaria and Ulva), amino acids, vitamins, Humic and fulvic acid no toxicology data is required to be submitted.

The manufacturer/ importer should submit an affidavit to the effect that their product is non-toxic and shall be safely used as Biostimulants.

(D)     Heavy metal analysis report;

(E)     The sample of the product along with an Affidavit by the manufacturer or importer on non judicial stamp paper of rupees ten stating that the product is not laced with pesticide beyond permissible limit of 1 ppm:

Provided that in case of a Biostimulant having natural origin or other, the requirement of necessary data shall be as decided by the Central Biostimulants Committee as per the guidelines formulated by it in this regard:

Provided further that on accumulation of data on chemistry, bio-efficacy or toxicity (other than exempted categories) product or formulation shall be considered for grouping into categories and shall be included in the Schedule VI, on accumulation of data, products or formulations shall be considered under crop grouping for bioefficacy and toxicity exemption".

(iv)    for sub-clause 7, the following sub-clause shall be substituted, namely:-

"7.   No person shall manufacture or import any Biostimulant, unless such Biostimulant is notified by the Central Government in Schedule VI."

(v)      sub-clause 8 shall be omitted;

(vi)    in sub-clause 10, for the figures and words, ".01 ppm", the figure and words "1 ppm", shall be substituted.