Poha Grading And Marking Rules, 2023

 

[28th March 2023]

Whereas, the draft of the Poha Grading and Marking Rules, 2023, was published under subsection (1) of section 3 of the Agricultural Produce (Grading and Marking) Act, 1937 (1 of 1937) in the Gazette of India, Extraordinary, Part II, Section 3, sub-Section (i), vide number G.S.R.825 (E), dated the 18th November, 2022, inviting objections and suggestions from all persons likely to be affected thereby within forty-five days from the date on which copies of the said notification published in the Gazette of India, were made available to the public;

And whereas, the copies of the said notification were made available to the public on 18th November, 2022, and whereas, the objections and suggestions received from the stakeholders in respect of the said draft rules have been duly considered;

Now, therefore, in exercise of the powers conferred by section 3 of the Agricultural Produce (Grading and Marking) Act, 1937 (1 of 1937), the Central Government hereby makes the following rules, namely:-

Rule - 1. Short title and commencement

(1)     These rules may be called the Poha Grading and Marking Rules, 2023.

(2)     They shall come into force on the date of their final publication in the Official Gazette.

Rule - 2. Application

They shall apply to Poha prepared from paddy (Oryza sativa L.), also known as flattened rice, rice flakes, beaten rice or chiwda.

Rule - 3. Definitions

(1)     In these rules, unless the context otherwise requires,-

(i)           "Act" means the Agricultural Produce (Grading and Marking) Act, 1937 (1 of 1937);

(ii)         "Agricultural Marketing Adviser" means the Agricultural Marketing Adviser to the Government of India;

(iii)       "authorised packer" means a person or a body of persons who has been granted a certificate of authorisation to grade and mark poha in accordance with the grade standards and procedure provided under these rules and the General Grading and Marking Rules, 1988;

(iv)       "certificate of authorisation" means a certificate issued under the provisions of the General Grading and Marking Rules, 1988, authorising a person or a body of persons to grade and mark poha with the grade designation mark;

(v)        "General Grading and Marking Rules" means the General Grading and Marking Rules, 1988;

(vi)       "Grade Designation Mark" means "?AGMARK Insignia?? referred to in rule 3;

(vii)     "Legal Metrology (Packaged Commodities) Rules" means the Legal Metrology (Packaged Commodities) Rules, 2011; and

(viii)   "schedule" means a schedule appended to these rules.

(2)     The words and expressions used and not defined in these rules but defined in the Agricultural Produce (Grading and Marking) Act, 1937 or the General Grading and Marking Rules, 1988, shall have the meanings respectively assigned to them in the said act and the rules.

Rule - 4. Grade Designation Mark

The Grade Designation Mark shall consist of the design of "AGMARK Insignia", as set out in Schedule-I and incorporating the certificate of authorisation number, the word "AGMARK", the name of commodity and its grade.

Rule - 5. Grade designations

The grade designations to indicate the quality of poha including the criteria for grade designation shall be as set out in Schedule-II.

Rule - 6. Quality

For the purpose of these rules, the quality of poha shall be as provided in Schedule-II.

Rule - 7. Method of packing

(1)     The poha shall be packed in suitable packaging material in accordance with the provisions of the Food Safety and Standards (Packaging) Regulations, 2018 and the Food Safety and Standards (Labeling and Display) Regulations, 2020 and Legal Metrology (Packaged Commodities) Rules, 2011.

(2)     The graded material of small pack sizes of the same lot or batch and grade may be packed in a master container with complete details thereon along with the Grade Designation Mark.

(3)     Each package shall contain poha of the same type and of the same grade designation.

(4)     Each package shall be properly and securely closed and sealed so as to disallow spilling.

Rule - 8. Method of marking

(1)     The Grade Designation Mark shall be securely affixed to or printed on each package in the manner approved by the Agricultural Marketing Adviser or an officer authorised by him under rule 11 of the General Grading and Marking Rules, 1988.

(2)     In addition to the Grade Designation Mark, the following particulars shall be clearly and indelibly marked on each package, namely:-

(a)      name of the commodity;

(b)      grade;

(c)      variety or trade name (optional);

(d)      lot or batch number;

(e)      date of packing;

(f)       crop year (optional);

(g)      net weight;

(h)     name and address of the authorised packer;

(i)       maximum retail price (inclusive of all taxes);

(j)       BEST BEFORE ___________MONTH ______YEAR; and

(k)      any other particulars as provided under the Legal Metrology (Packaged Commodities) Rules, 2011 or specified under the Food Safety and Standards (Packaging) Regulations, 2018 and the Food Safety and Standards (Labeling and Display) Regulations, 2020 or any notification issued under any other law for the time being in force or any instructions issued under the provisions of the Act: provided that right quality of ink is used for marking on packages.

(3)     The authorised packer shall after obtaining prior approval of the Agricultural Marketing Adviser or an officer authorised by him under rule 11 of the General Grading and Marking Rules, 1988 mark his private trade mark or trade brand on the graded packages provided the same do not indicate quality other than that indicated by the Grade Designation Mark affixed to the graded packages in accordance with these rules.

Rule - 9. Special conditions of certificate of authorization

(1)     In addition to the conditions specified in sub-rule (8) of rule 3 of the General Grading and Marking Rules, 1988, every authorised packer shall comply the conditions specified under these rules.

(2)     The authorised packer shall either set up his own laboratory as per norms issued under rule 8 of the General Grading and Marking Rules, 1988 or have access to an approved State grading laboratory or cooperative or association laboratory or a private commercial laboratory manned by a qualified chemist approved by the Agricultural Marketing Adviser or an officer authorised by him under rule 9 of the General Grading and Marking Rules, 1988 for testing the quality of poha.

(3)     The premises of the authorised packer shall be maintained in hygienic and sanitary conditions with proper ventilations and well lighted arrangement and the personnel engaged in these operations shall be in sound health and free from any infectious, contagious or communicable diseases.

(4)     The premises of the authorised packer shall have adequate storage facilities with pucca floor and free from dampness, any kind of cracks and crevices, rodent and insect infestation.

(5)     The authorised packer and the approved chemist shall observe all instructions regarding testing, grading, packing, marking, sealing and maintenance of records which may be issued by the Agricultural Marketing Adviser or an officer authorised by him in this behalf in accordance with the General Grading and Marking Rules, 1988 from time to time.

 

SCHEDULE-I

(See rule 4)

(Design of AGMARK Insignia)

xxxx

Name of the Commodity------------------

Grade------------------------------------

 

SCHEDULE-II

(See rules 5 and 6)

Grade designation and quality of Poha

 

(1)     Poha is produced from paddy (Oryza sativa L.) by parboiling or soaking in hot water followed by drying, roasting, flaking or flattening with rollers, dehusking and sieving to remove all fine powder.

(2)     Minimum requirements.-

(i)           Poha shall -

(a)      have pleasant taste, flavor and uniform color characteristic of the variety from which obtained;

(b)      be unstained and prepared from wholesome, sound paddy grains;

(c)      be free from extraneous matter such as stones ,dirt, clay, paddy, paddy husk, rodent hair and excreta, filth, moulds, fungus, live and dead insects and insect fragments and the like;

(d)      be free from any foreign taste, odour, obnoxious smell and evidence of fermentation; and

(e)      be free from artificial coloring, polishing agents, artificial fragrances and any other chemicals.

(ii)         For domestic trade, it shall comply with the restrictions in regard to residual levels of metal contaminants, pesticide residues, microbial requirements, crop contaminants, naturally occurring toxic substances and other food safety requirements as provided under the Food Safety and Standards (Contaminants, Toxins and Residues) Regulations, 2011, the Food Safety and Standards (Food Product Standards and Food Additives) Regulations, 2011 and other regulations made for domestic trade under the Food Safety and Standards Act, 2006 (34 of 2006).

(iii)       For export trade, it shall comply with the residual limits of heavy metals, pesticides and other food safety requirements as laid down by the Codex Alimentarius Commission or importing countries requirement for exports.

(3)     Criteria for grade designation of Poha.-

 

TABLE

 

Note: odb: on dry basis; H2SO4: Sulphuric acid; HCl: Hydrochloric acid

(4)     Other requirements.-

(i)           The condition of poha shall be so as to enable it to-

(a)      withstand transport and handling; and

(b)      arrive in satisfactory condition at the place of destination.

(ii)         Poha shall be stored in a cool and dry place and properly maintained in a clean and hygienic condition.

(iii)       Poha may be classified to be of following categories based on the thickness of flakes and time taken to reconstitute in water at 30°C and for reconstitution in water at 30°C, the ratio maintained shall be 1:4 poha: water provided that the reconstituted poha shall not be pasty and shall be discrete in shape.

 

TABLE

 

The category may be marked on the packages.