Whereas
the draft of Mustard and Rapeseeds Grading and Marking Rules, 2011, was
published as required by 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 notification number G.S.R.574(E) dated the 28th
July, 2011 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 copies of the said notification were made available to the public on
the 3rd August, 2011; And
whereas the objections and suggestions received from the public 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), and in supersession of the
Rape and Mustard seeds Grading and Marking Rules, 1964, except as respects
things done or omitted to be done before such supersession, the Central
Government hereby makes the following rules. namely.- (1) These rules may be
called Mustard Seeds and Rape Seeds (oil seed) Grading and Marking Rules, 2012. (2) They shall apply to.- (a) mustard seeds
obtained from plant Brassica juncea (L.), Brassica nigra (L.), and Brassica
carinata A, Braun of the family Brassicaceae. (b) rapeseeds obtained
from the plant Brassica rapa L. (syn. B. campastris L.) and Brassica napus L.
of the family Brassicaceae. (3) They shall come into
force on the date of their final publication in the Official Gazette. In
these rule, unless the context otherwise requires,- (a) "Agricultural
Marketing Adviser' means the Agricultural Marketing Adviser to the Government
of India; (b) "authorized
packer" means a person or a body of persons who has been granted a
certificate of authorisation to grade and mark mustard seeds and rape seeds in
accordance with the grade standards and procedure specified in these rules; (c) "Certificate of
Authorization" 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 mustard seeds and rape seeds with the grade
designation mark; (d) "General Grading
and Marking Rules" means the General Grading and Marking Rules, 1988 made
under section 3 of the Agricultural Produce (Grading and Marking) Act, 1937 (1
of 1937); (e) "Grade
designation mark" means the "Agmark Insignia" referred to in
rule 5; (f) "Schedule"
means a Schedule appended to these rules. The
grade designations to indicate the quality of mustard seeds and rape seeds
shall be as set out in column I of Criteria for Grade Designation of Schedule
II. For
the purpose of these rules, the quality of mustard seeds and rape seeds shall
be as specified in Schedule II. The
grade designation mark shall be "AGMARK insignia" consisting of a
design incorporating the certificate of authorisation number, the word
"AGMARK", name of commodity and grade designation resembling the
design as set out in Schedule-I. (1) Mustard seeds and
rape seeds shall be packed in jute bags or new or un-mended B-T will bags or
polywoven bags or cloth bags with inner lining or poly pouches, High Density
Poly Ethylene (HOPE) laminated paper bags, or any other packing material as
approved by the Agricultural Marketing Adviser. (2) The packing material
shall be clean, sound, free from insect and fungal infestation and should not
impart any toxic substance or undesirable odour or flavour to the product. (3) Mustard seeds and
rape seeds shall be packed in pack sizes as permitted in the Legal Metrology
(Packaged Commodities) Rules, 2011 or as per the instructions issued by
Agricultural Marketing Adviser from time to time. (4) 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 grade designation mark. (5) Each package shad
contain mustard seeds or rape seeds of the same type and of the same grade
designation. (6) Each package shall be
property and securely closed so as to disallow spilling. (1) The grade designation
mark shall be securely affixed to or printed on each package in a manner
approved by the Agricultural Marketing Adviser or an officer authorised by him
in this behalf in accordance with rule 11 of the General Grading and Marking
Rules, 1988. (2) In addition to the
grade designation mark, 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) date of packing; (e) place of packing, (f) lot or batch number; (g) crop year (optional) (h) net weight; (i) name and address of
the packer; (j) maximum retail price
(inclusive of all taxes); (k) BEST BEFORE
__________ MONTH ______ YEAR; (l) any other particulars
as may be specified by the Agricultural Marketing Adviser (3) The ink used for
marking on packages shall be of such quality which shall not contaminate the
mustard seeds and rape seeds. (4) The authorised
packer, may, after obtaining prior approval of the Agricultural Marketing
Adviser or an officer authorised by him in this behalf, mark his private trade
mark or trade brand on the graded packages which do not indicate quality after
than that indicated by the grade designation mark affixed to the graded
packages in accordance with these rules. In
addition to the conditions specified in sub-rule (8) of rule 3 of the General
Grading and Marking Rules, every authorised packer shall comply with the
following conditions, namely:- (i) the authorised packer
shall either set up his own laboratory or have access to an approved State
Grading laboratory or cooperative/association laboratory or a Private
Commercial laboratory manned by a qualified chemist approved by the
Agricultural Marketing Adviser or an officer authorised by him in this behalf
in accordance with rule 9 of the General Grading and Marking Rules, 1988 for
testing the quality of Mustard and Rape Seeds; (ii) the premises shall be
maintained in hygienic and sanitary conditions with proper ventilations and
well lighted arrangement. The personnel engaged in these operations shall be in
sound health and free from any infectious, contagious or communicable diseases; (iii) the premises shall
have adequate storage facilities with pucca floor and free from rodent and
insect infestation; (iv) 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 any other officer authorised by
him in this behalf from time to time. SCHEDULE-I (See rule 5) (Design of Agmark insignia) CA
No. Name
of the Commodity .............................................. Grade
...................................................................... SCHEDULE-II (see rule 3 and 4) GRADE DESIGNATION AND QUALITY OF MUSTARD AND RAPE SEED (OIL
SEED) (1)
(a) Mustard seeds are shall be
obtained from plant Brassica juncea (L.), Brassica nigra (L.), and Brassica
carinata A. Braun of the family Brassicaceae. (b)
Rapeseeds are shall be obtained from the plant Brass/ca raps L. (syn. B.
campestris L.) and Brassica napus L. of the family Brassicaceae. (2)
Minimum Requirements: (i)
Mustard and Rapeseeds shall be:- (a)
mature, clean and dried seeds; (b)
wholesome; (c)
uniform in size, shape, colour,
texture: (d)
free from living and dead Insects,
insect fragments and mites; (e)
free from fungus infestation and
moulds; (f)
free from added colouring matter and
toxic material; (g)
free from rodent hairs and excreta; (h)
free from the seeds of Argemone
maxicana (Linn.); (i)
free from rancidity and mustiness; (j)
The odour and flavour of the seeds when
grinded and moistened shall be fresh and pungent (k)
free from toxic seeds including
Dhatura, Akra and Corn cockle. (ii)
It shall comply with the restrictions
in regard to residual levels of metal contaminants, insecticides and
pesticides, crop contaminants, naturally occurring toxic substances and other
food safety requirements as specified under the Food Safety and Standards
(Contaminants. Toxins and Residues) Regulations, 2011 and the Food Safety and
Standards (Food Products Standards and Food additives) Regulations. 2011. (iii)
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. TABLE (3)
The criteria for Grade designation
shall be as follows: Designation Extraneous matter Damaged and discoloured seeds percent by mass (max.) Dead and immature seeds, percent by mass (max.) Other Edible seeds, Percent by mass (max.) Moisture, percent by mass (max.) Oil content, percent by mass on dry basis (Min.) Organic, percent by mass (max.) Inorganic, percent by mass (max.) (8) (1) (2) (3) (4) (5) (6) (7) Mustard seed Rapeseed Special 0.10 0.10 0.50 0.50 0.10 6.0 42.0 45.0 Standard 0.50 0.20 0.80 0.80 0.15 7.0 38.0 42.0 General 0.75 0.25 1.00 1.00 0.20 7.5 36.0 36.0 (4)
Other requirements.- (i)
The condition of the Mustard and Rape
Seeds shall be as to enable it- (a)
to withstand transport and handling;
and (b)
to arrive in satisfactory condition at
the place of destination; (ii)
mustard and rape Seeds shall be stored
in appropriate cool and dry place maintained in a clean and hygienic condition.
Explanation. - For the purposes of this Schedule,- (a)
"Extraneous matter" means,- (i)
organic matter consists of husk,
straws, weed seeds and other Inedible grains. (ii)
inorganic matter consists of sand,
gravel, dirt, pebbles, stones, lumps of earth, clay and mud; (b)
"Damaged and dis-coloured
seeds" means seeds that are internally damaged or dis-coloured, damage and
discoloration materially effecting the quality: (c)
"Immature and shriveled
seeds" means seeds that are not properly developed. (d)
"Dead seeds" are those seeds
which are duds and can easily be crushed by hands. (e)
"Other edible seeds" means
edible seeds (including oil seeds) other than the one which is under
consideration.THE
MUSTARD SEEDS AND RAPE SEEDS (OIL SEED) GRADING AND MARKING RULES, 2012
PREAMBLE