The Andhra Pradesh Fish Feed(Quality Control)Act, 2020.

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THE ANDHRA PRADESH FISH FEED (QUALITY CONTROL) ACT, 2020
ACT No.35 of 2020
ARRANGEMENT OF SECTIONS
SECTIONS
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement
2. Definitions
CHAPTER-II
CONTROLLING AUTHORITY AND FISH FEED QUALITY CONTROL
COMMITTEE
3. Controlling Authority
4. Licensing Authority
5. Fish Feed Quality Control Committee
CHAPTER-III
FISH FEED BUSINESS OPERATIONS
6. No Existing Fish Feed Business Operates without License/
Endorsement
7. Classification of fish feed business operations
CHAPTER-IV
LICENSES/ ENDORSEMENT
8. Process of issuance of license/endorsement
9. License/Endorsement Fee
10. Duration of License
11. Suspension/Cancellation of License
CHAPTER-V
FISH FEED STANDARDS
12. Standards to be maintained for Fish Feed
13. Feed Analysis Laboratories
14. Fish Feed Inspector
15. Powers, Role and Responsibilities of the Fish Feed Inspector
16. Responsibility of Licensee
17. Collection and Analysis of Fish Feed Sample
18. Report of Fish Feed Analysis Laboratory
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CHAPTER-VI
OFFENCES AND PENALTIES
19. Offences
20. Penalty
21. Seizure/forfeiture of property
22. Offences by companies/firms
CHAPTER-VII
APPEALS
23. Appeal in case of suspension/cancellation of License
24. Exemption
25. Protection of action taken in good faith
26. Persons acting under this Act to be Public Servants
27. Power to make Rules
28. Power to remove difficulties
29. Repeal of Ordinance No.7 of 2020 and Saving
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THE ANDHRA PRADESH FISH FEED (QUALITY CONTROL) ACT, 2020
ACT No.35 of 2020
(23rd December, 2020)
ANACT TO REGULATE, SUPERVISE AND CONTROL THE MANUFACTURE,
SALE AND DISTRIBUTION OF FISH FEED AND TO PROVIDE FOR
MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO.
Be it enacted by the Legislature of the State of Andhra Pradesh in the
Seventy First Year of the Republic of India as follows,-
   CHAPTER-I
 PRELIMINARY
1. Short title, extent and Commencement - (1) This Act may be called the
Andhra Pradesh Fish Feed(Quality Control)Act, 2020.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall be deemed to have come into force on and from the 5th
August, 2020.
2. Definitions - In this Act, unless the context otherwise requires,-
(1) “Adulterated fish feed” means any fish feed containing any
ingredient/s or additive/s which is/are not approved by Bureau of Indian
Standards/Food and Agriculture Organization or by the Government of Andhra
Pradesh through this Act or Rules made thereunder;
(2) “Company” means company as defined in the Companies Act, 2013,
(Central Act No.18 of 2013);
(3) “Controlling   Authority” means the officer who is   responsible for the
overall enforcement of this Act in the entire State of   Andhra Pradesh;
(4) “Court” means any Court not less than a Court of Judicial Magistrate
of First Class in the State of Andhra Pradesh;
(5) “Designated Committee” means the Committee designated in the
presence of which the Fish Feed Inspector shall act under sub-section (4) of
section 15 under this Act.
(6) “Distributor/Dealer” means the person/company/firm who
distributes the fish feed / sells the   fish feed on wholesale basis to  vendors for
retail sales;
(7) “Endorsement” means endorsement done under this Act to any
license issued before commencement of this Act under any other Act. Once
endorsement is done, it shall be deemd to be a fresh license issued under this
Act and will be governed by provisions of this Act and Rules made thereunder.
(8) “Farm made fish feed” means the fish feed made/manufactured in a
fish farm with an intention to use all the fish feed in the same fish farm
itself.  Such fish feed shall not be transported out of premises of the fish farm
for any purpose;
(9) “Firm” means a firm / partnership firm   registered under the Indian
Partnership Act,1932, (Central Act No.9 of 1932);
(10) “Fish” means all cartilaginous and bony fishes, freshwater and
marine prawn and shrimp, crustaceans, molluscs, echinoderms, amphibians,
tortoises and all other aquatic organisms at all stages of their life cycle and any
other animal/s declared from time to time by the Government through
notification;
Definitions.
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(11) “Fish culture” means growing of fish from smaller size to larger size;
(12) “Fish Farm” means any place with water body or water bodies to do
fish culture;
(13) “Fish Feed” means any substanceorproduct, including ingredients,
additives, whether processed, partially processed or unprocessed, intended to
be used for oral feeding of fish;
(14) “Fish Feed Analysis” means procedures of Fish Feed Analysis to
verify moisture, crude protein, crude fat, crude fibre, acid soluble ash, gross
energy, amino acids, polyunsaturated fatty acids and other parameter/s of the
fish feed sample;
(15) “Fish Feed Analysis Laboratory” means the Fish Feed Analysis
Laboratory notified/designated/ established under section 13;
(16) “Fish Feed Analyst” means the person carrying out the fish feed
analysis in the fish feed analysis laboratory;
(17) “Fish Feed Business” means fish feed manufacture,
dealership/distribution, sale and all allied activities;
(18) “Fish Feed Business Operations” means all the operations/activities
undertaken for carrying out fish feed business;
(19) “Fish Feed Business Operator” means any person/company/firm
carrying out fish feed business operations;
(20) “Fish Feed Inspector” means any officer of Fisheries Department who
is designated as Fish Feed Inspector under section 14;
(21) “Fish Feed Quality Control Committee” means the committee
constituted by the Government under this Act for assisting the controlling
authority in all  matters relating to the administration of this Act in the State;
(22) “Government” means the State Government of Andhra Pradesh;
(23) “License” means any license given under section 8 in favour of any
person or company / firm for carrying out fish feed business operations;
(24) “Licensing  authority” means the officer who is empowered to grant
licenses/endorsement to fish feed business operators under this Act;
(25) “Manufacturer” means the person/company/firm engaged in the
manufacturing of fish feed;
(26) “Notification” means a notification published in the Andhra Pradesh
Gazettee and the word ‘Notified’ shall be construed accordingly;
(27) “Prescribed” means prescribed by Rules made under this Act;
(28) “Standard fish feed” means any fish feed complying standards
prescribed under this Act;
(29) “Sub-standard fish feed” means any fish feed not in compliance with
the standards prescribed under the Act and Rules made thereunder;
(30) “Vendor”   means the person/company / firm carrying out retail sale
of fish feed to fish   farmers/end users.
CHAPTER-II
CONTROLLING AUTHORITY AND FISH FEED QUALITY CONTROL
COMMITTEE
3. Controlling Authority - The Commissioner of Fisheries or any officer
empowered by him shall be the Fish Feed Controlling Authority under this Act.
4. Licensing Authority - The District Collector/District Fisheries Officer or
any other Fisheries Department Officer not below the rank of Assistant Director
of Fisheries empowered by the Controlling Authority shall be the Licensing
Authority.
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5. Fish Feed Quality Control Committee - (1) The Government may, by
notification constitute the Fish Feed Quality Control Committee to advise the
Controlling Authority on all matters relating to registration, licensing and
control of fish feed business operations and to enforce the provisions of the Act
and the rules made thereunder.
(2)This Committee shall consist of the   following members, namely:
(i) Dean, Faculty of Fishery Science, Sri Venkateswara
Veterinary University, Tirupati shall be Chairman of the
committee;
(ii) Principal, State Institute of Fisheries Technology (SIFT),
Kakinada shall be one of the member;
(iii) One member not below the rank of Joint Director of
Fisheries Department nominated by the Commissioner of
Fisheries;
(iv) Two members from the Faculty of Fishery Science,
Sri Venkateswara Veterinary University nominated by the
Dean, Faculty of Fishery Science, SVVU;
(v) One member each from Central Institute of Fisheries
Technology(CIFT),Visakhapatnam, Central Institute of
Brackish Water Aquaculture(CIBA),Chennai, Central
Institute of Fresh Water Aquaculture(CIFA),Bhubaneswar,
Food Safety and Standards Authority of India(FSSAI), Export
Inspection Agency(EIA);
(vi) One member from Fish Feed manufacturers nominated
by the Government;
(vii) One member from fish farmers nominated by the
Government;
(viii) One member from hatchery operators nominated by the
Government.
Provided that Non-official member of the Fish Feed
Quality Control Committee may, unless his/her seat
becomes vacant earlier by resignation or otherwise, be
entitled to hold office for a period of two years from the date
of assumption:
Provided further that ex-officio members shall hold
office, as long as he/she holds the appointment by virtue of
which his/her nomination was made.
CHAPTER-III
FISH FEED BUSINESS OPERATIONS
6. No Existing Fish Feed Business Operates without License/Endorsement
- (1) Four (4) months time  shall be given to the existing fish feed business
operators to apply for the license/endorsement under section 8.
(2) If application is not submitted for license/endorsement within the
time limit as prescribed under sub-section (1), the Licensing Authority can
order for stopping all fish feed business operations being undertaken by the
person/company/ firm.
(3)Until the time of receiving the order of acceptance or rejection of
application for license/endorsement made under sub-section (1), the
person/company/firm may continue to perform fish feed business operations.
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7. Classification of fish feed business operations -The fish feed business
operations shall be classified into such categories as may be prescribed.
CHAPTER-IV
LICENSES/ ENDORSEMENT
8. Process of issuance of license/endorsement -(1) Licenses already issued
to the existing Fish Feed Business Operators by any department under any
other Act shall be valid and it is not necessary to apply for license afresh.
However, these old licenses are to be endorsed by the licensing authority of this
Act in order to consider them to be issued under this Act.
(2)The old licenses endorsed by the licensing authority under this Act,
shall be deemed to be Licenses issued afresh under this Act and shall be
governed by the provisions of this Act with effect from the date of endorsement.
(3) The applications received under sub-section (1) for endorsement of
existing licenses, the process of endorsement shall be completed by the
licensing authority within fifteen (15) days, by following the prescribed
procedure.
(4)If acceptance or rejection of application made under sub-section (1) is
not issued within the stipulated time of fifteen (15) days, the license shall be
deemed to be endorsed.
(5)Any person who wish to start a new Fish Feed Business Operations /
any firm registered under the Partnership Act / any company registered under
the Companies Act, which desires to start new Fish Feed Business Operations
shall apply for the license under prescribed category of Fish Feed Business
Operations along with the prescribed license fee to the Licensing Authority in
the manner prescribed under Rules to be framed under this Act.
(6)In case if any person/ firm/ company wishes to undertake more than
one Fish Feed Business Operations shall need to tick concerned business
operations in the application and need to remit license fee for each type of
business operation separately.
(7)If any application under sub-section (5) is submitted, the Licensing
Authority:-
(a) If satisfied that the applicant has fulfilled all the terms and
conditions of application for carrying out the Fish Feed Business
Operations, the Licensing Authority shall issue the license within
fifteen (15) days from the date of application; or
(b) If the Licensing Authority is of the opinion that the applicant
has not fulfilled majority of the prescribed terms and conditions,
the applicant shall be informed the same and be given an
opportunity to furnish documents before rejecting the application
within fifteen (15) days from the date of receipt of letter issued by
licensing authority.
(c) If acceptance or rejection of application made under sub-section
(5) is not issued within the stipulated time of fifteen (15) days, the
license shall be deemed to be issued.
(8) If any person/firm, carrying out the Fish Feed Business Operations
without any license immediately before commencement of this Act, the
person/company/firm shall apply to the Licensing Authority within a period of
four (4) months from the appointed date as prescribed.
(9) If application is not submitted for license within the time limit as
prescribed under sub-section (8), the Licensing Authority can order for
stopping all Fish Feed Business Operations being undertaken by the
person/company/ firm.
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(10) If any application under sub-section (8) is submitted, the Licensing
Authority:-
(a) If satisfied that the applicant has fulfilled all the terms and
conditions of application for carrying out the Fish Feed  Business
Operations, the Licensing Authority shall issue the license within
fifteen (15) days from the date of application; or
(b) If the Licensing Authority is of the opinion that the applicant
has not fulfilled majority of the prescribed terms and conditions,
the applicant shall be informed the same and be given an
opportunity to furnish documents before rejecting the application
within fifteen (15) days from the date of receipt of letter issued by
licensing authority.
(c) Till the time of receiving acceptance or rejection of application
made under sub-section (8), the applicant may continue to operate
fish feed business operations.
(d) If acceptance or rejection of application made under sub-section
(8) is not issued within the stipulated time of Fifteen (15) days, the
license shall be deemed to be issued.
(11) The licensing authority shall make sure all theapplications for
issuance of license / endorsement of license are in full shape so that the rate of
rejection is as minimum as possible.  The licensing authority shall facilitate the
application process and shall render all possible support and assistance to the
applicants.
9.License/Endorsement Fee - License/Endorsement Fee shall be as
prescribed.
10.Duration of License -Licenses issued under this Act shall be valid for
lifetime and shall not require any further renewal.
11.Suspension/Cancellation of License -(1) The license is liable to be
suspended if the licensing authority is satisfied that either on a reference made
to it in this behalf or otherwise, that,-
any offense, listed in rules for which suspension of license is
prescribed, was committed by the licensee or his representative,
without prejudice to any other penalty to which the holder of the
License may beliable under this Act and Rules made thereunder.
(2) The license is liable to be cancelled if licensing authority is satisfied
that  either on a reference made to it in this behalf or otherwise, that,-
any offense, listed in rules for which cancellation of license is
prescribed, was committed by the licensee or his representative,
without prejudice to any other penalty to which the holder of the
License may be liable under this Act or Rules made thereunder. The
Licensing Authority may,after giving the holder of the License an
opportunity of showing cause, cancel the License as per the
procedure as may be prescribed.
CHAPTER-V
FISH FEED STANDARDS
12. Standards to be maintained for Fish Feed -(1) These standards
prescribed under this section shall be applicable to,-
(i) the fish feed manufactured in the State and sold within
the State;
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(ii) fish feed manufactured in other States and brought into
the State for distribution / sales;
(iii) manufactured in other countries and imported into the
State  for distribution and sales in the State.
(2) The manufacturer of fish feed shall comply with the available
standards of Bureau of Indian Standards (BIS) amended from time to time.
(3) In case BIS prepares standards for any new species, they shall be
followed by the fish feed manufacturers.
(4) In case of non-availability of BIS standards for any approved species,
the Controlling Authority shall prepare standards with the help of Fishery
Faculty of Sri Venkateswara Veterinary University, SIFT, Labs/Institutes of
Fisheries Department, ICAR Institutes and other research/technical Institutes
and the Fish Feed Quality Control Committee shall approve new standards by
following the procedure as may be prescribed.
(5) The controlling authority shall do the needful for BIS approval of
standards prepared under sub-section (4).
(6) As a stop gap arrangement, till the approval of standards under sub-
section (4), Fish Feed Quality Control Committee may compile FAO
standards with necessary modifications, if any, to suit to the local conditions,
and make it available in the public domain.
(7) Till the time of preparation of standards under sub-section (4), fish
feed manufacturers shall follow FAO standards compiled under sub-section (6).
(8) The fish feed shall not contain any antibiotic or pharmacologically
active substances under any circumstances and shall be certified accordingly
on fish feed bag.
(9) To suit to the local conditions/requirements, deviations with regard to
few parameters of BIS standards like (i) pellet size, (ii) packing material, (iii)
methods of analysis etc., may be permitted through Rules under this
Act. Under any circumstances, all other quality standards like proximate
composition etc., of fish feed shall not be deviated.
(10) In case if standards for any particular variant of fish feed like
floating pellet, micro-encapsulated feed, ornamental feeds, hatchery feeds etc.,
are not available, such standards shall be prescribed.
(11) If any fish feed manufacturer makes a new fish feed/variant/
functional feed/ medicated feed/product and wishes to get approval for it, the
licensee may apply in prescribed form to the Controlling Authority for approval
of such a new fish feed/variant/functional feed/medicated feed / product.  The
controlling authority do the needful for approval of such new fish feed/
variant/ functional feed/ medicated feeds / product by BIS duly following the
procedure as may be prescribed.
(12) If any fish feed manufacturer feels that any ingredient/additive other
than those  approved by BIS / Rules under this Act, will substantially increase
the quality of fish feed, he/she may apply for approval of the same in
prescribed format to the Controlling Authority, along with the sample of the
ingredient/additive. On receipt of such application and sample, the Controlling
Authority shall refer the matter to “Fish Feed Quality Control Committee”.  By
duly following the prescribed procedure, the Controlling Authority may do the
needful for approval of such new ingredient/additive by it and subsequently by
BIS duly following the procedure as may be prescribed.
(13) Any fish feed shall contain only those ingredients / additives that
are approved by BIS/Government of Andhra Pradesh.”
(14) Label of  Fish Feed bag shall consist of all the information / details
as may be prescribed.
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(15) Other additional criteria/parameters to be complied by the
manufacturers/ dealers/ vendors of fish feed/ fish feed ingredients shall be
prescribed.
13. Feed Analysis Laboratories - The Government may notify one Referral
Fish Feed Analysis Laboratory and one or more Fish Feed Analysis
Laboratories as may be prescribed.
14. Fish Feed Inspector - Fisheries Development Officer or any other Gazetted
Officer of Fisheries Department who is designated by the Controlling Authority
shall be the Fish Feed Inspector.
15. Powers, Role and Responsibilities of the Fish Feed Inspector -(1) The
Fish Feed Inspector may,-
(a) enter and search the premises of Fish Feed manufacture/
Storage facilities and sale points at all reasonable times, with  such
assistance, if any, when he/she receives any complaint or if
he/she considers necessary, any place in which he/she has reason
to believe that an offence under this Act has been or is being
committed and order in writing the person in possession of any
fish feed in respect of which the offence has been or is being
committed, not to dispose of any stock of fish feed for a specific
period not exceeding  seven(7) days or, unless the alleged
offence  is such that the defect may be rectified by the possessor of
the fish feed, restrict the stock of such fish feed  from being sold;
(b) take samples of fish feed,-
(i) from any fish feed manufacture unit / storage facility, sale
points  from  any person/firm  selling or offering to sell such
fish feed ; or
(ii) from any person who is in the course of conveying or
delivering or preparing to deliver such fish feed  to a
purchaser or a consignee; or
(iii) upon receipt of complaint, from any consignee or
purchaser after delivery of such fish feed  to him/her by
following procedure prescribed under rules.
(c)   send such sample for analysis to the Fish Feed Analysis
Laboratory as mentioned in section 17;
(d) examine any record, register document or any other material
object found in any place mentioned in clause (a) and seize the
same if he/she has any reason to believe that it may provide
evidence of the commission of an offence punishable under this
Act; and
(e)  exercise such other powers as may be necessary for carrying
out the purposes of this Act or any Rules made thereunder.
(2)Where any sample of any Fish Feed is taken under sub-clause (i) and
(ii) of clause (b) of sub-section (1), its cost, calculated at the rate at which such
Fish Feed is usually sold to fish farmers shall be paid in cash to the person
from whom it is being taken under proper cash bill/ invoice.
(3)The power conferred under this section includes power to break-open
any facility/ container in which any fish feed may be contained or to collect the
fish feed from fish feed manufacturing unit/godown/warehouse/shop or any
other place where any such fish feed may be kept for sale and distribution:
Note: Provided that, the power to collect the fish feed from fish feed
manufacturing unit/godown/warehouse/shop or any other place
shall be exercised only after the owner or any other person in
occupation of the premises, if present, therein, refuses to allow
collection of the fish feed sample on being called upon to do so.
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(4)Where the Fish Feed Inspector takes any action under sub-section (3),
he shall, as far as possible, ask the Committee, designated for the purpose
under rules of this Act, to be present at the time when such action proposed to
be taken and take the signatures of the Designated Committee members on a
memorandum to be prepared in such form as may be prescribed.
16. Responsibility of Licensee - Whenever Fish Feed Inspector enters into
premises of a licensee,-
(1) The owner or occupier or every person found therein shall give the
Fish Feed Inspector best possible assistance in his/her power/capacityto
enable the Fish Feed Inspector to carry out his/her duties and functions under
this Act and shall furnish him/her with such information with respect to the
administration of this Act and the regulation as he/she may reasonably
require.
(2) No person shall obstruct or deceive or mislead Fish Feed Inspector in
carrying out his/her duties or functions under this Act.
(3) If any offense is committed under sub-section (2), the Fish Feed
Inspector shall take the assistance of one or two witnesses and shall discharge
his/her duties.
(4) In case if same offence is repeated again by the owner or occupier or
any person found in the premises, the Fish Feed Inspector shall lodge a
complaint in the nearest police station.
(5) Offence committed under sub-section (2) and / or (4)  is punishable
under the Code of Criminal Procedure,1973  and/or any other appropriate law.
(Central Act 2 of 1974).
(6) The fish feed manufacturer shall send two fish feed samples of
prescribed quantity from each batch produced in the feed manufacturing unit
under seal to Fish Feed Inspector as may be prescribed for usage as reference
samples when required under clause  (g) under sub-section (3) of section 17.
17. Collection and Analysis of Fish Feed Sample - (1) Samples collected as
per sub-section (6) of section 16 shall be sent to Fish Feed Analysis Laboratory
and Referral Fish Feed Analysis Laboratory by the Fish Feed Inspector as may
be prescribed.  These samples are to be preserved by both the laboratories as
reference samples till the date of expiry of fish feed.
(2) Whenever a Fish Feed Inspector intends to take sample of any Fish
Feed of required quantity for analysis, he/she  shall,-
(a) give notice in writing, then and there, of such intention to the
person/firm from whom he/she intends to take sample as may be
prescribed;
(b) except in special cases provided by rules made under this Act,
fish feed samples are be collected only if the date of expiry of fish
feed is more than Seven(7) days on the intended date of
sample  collection.
(c) except in special cases provided by rules made under this Act,
take four representative samples in the prescribed manner and
quantity and mark and seal or fasten up each sample in such
manner as its nature permits.
(d) except in special cases provided by Rulesmade under this Act,
on receipt of a complaint and on the payment of prescribed sample
analysis fee, sample shall be collected from a purchaser or a
consignee.
(e) in case of collection of sample as per clause (d), name and other
details of the purchaser shall be maintained in a separate register.
(f) except in special cases provided by Rules made under this Act,
whenever a sample is collected from a purchaser or a consignee
the concerned licensee, i.e. vendor/ dealer/manufacturer shall be
informed about the collection of sample so as to provide an
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opportunity to the licensee to make sure that reference sample
from the same batch provided by him/her under sub-section (6) of
section 16 is also analyzed along with the sample collected from
purchaser or consignee.
(3)when samples of any Fish Feed are taken under sub-section (2)
the  Fish Feed Inspector shall,-
(a) deliver one sample to the person/firm from whom it has been
taken under proper acknowledgement;
(b) send another sample, for analysis to thenotified Fish Feed
Analysis Laboratoryfor the area within which such sample has
been collected in the prescribed manner; and
(c) send one of the sample in the prescribed manner to Referral
Fish Feed Analysis Laboratory, for analysis as and when required
under sub-section (4) of section 18. The sample is to be preserved
for a minimum period of thirty(30) days for analysis;
(d) On request of the licensee and on payment of prescribed fee
shall send one of the sample in prescribed manner to any
Government approved fish feed analysis laboratory, for
analysis. Result of such analysis may be used by the Licensee for
comparison only and it shall not be used for taking or not taking
any action under the Act /Rules.  Result of Fish Feed Analysis
Laboratory/Referral Fish Feed Analysis Laboratory shall supersede
the result of approved laboratory in all cases without any
exception;
(e) If the person from whom the sample/s have been taken refuses
to accept one of the samples, the Fish Feed Inspectorshall send
intimation to the Feed Analysis Laboratory of such refusal and
thereupon the Fish Feed Analyst on receiving the sample for
analysis shalldivide it into two parts and shall seal or fasten up
one of those parts and shall cause it, either upon receipt of the
sample or when he delivers his report, to be delivered to the Fish
Feed Inspector who shall retain it forproduction in case legal
proceedings are taken;
(f) If samples collected as per proceduredescribed under clause (d)
of sub-section (2), shall send such samples to Fish Feed Analysis
laboratory and Referral Fish Feed Analysis laboratory by filling
prescribed forms under the Rules;
(g) On receipt of sample as per clause (f), the Fish Feed Analyst at
the concerned laboratory shall also analyze reference sample
received under sub-section (6) of section 16 along with original
sample. If there is any deviation in the results of original sample
and reference sample, both the reports shall be referred to the
Licensing Authority to take an appropriate decision based on the
report given by concerned Fish Feed Inspector and field conditions.
The decision of the Licensing Authority shall be final in this regard;
(h) If fishfeed expiry date is lesser than sixty (60) days from date of
collection of sample, Fish Feed Inspector shall take all necessary
steps to send the samples to both Fish Feed Analysis Laboratory as
well as Referral Fish Feed Analysis Laboratory immediately with a
special request to analyse the samples on priority  basis well before
expiry date.
18. Report of Fish Feed Analysis Laboratory -(1)The Fish Feed Analyst at
notified Fish Feed Analysis Laboratory, after the receipt of the sample under
sub-section (3) of section 17, analyse the sample and deliver the report
of  analysis, in duplicate, to the Fish Feed Inspector within fifteen(15) days
from the date of receipt of sample.
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(2) In case of receipt of sample with special request as per clause (h) of
sub-section (3) of section 17, the analyst at fish feed analysis laboratory shall
do analysis of the sample on priority basis well before the expiry date of
sample.
(3) Fish Feed Inspector shall serve a copy of the report to the person from
whom the sample has been taken under proper  acknowledgement.
(4) Before institution of prosecution under this Act, the licensee shall on
payment of the prescribed fee, make an application within fifteen (15) days in
the prescribed form to the Licensing Authority for analysis of the sample
mentioned in clause (c) of sub-section (3) of section 17 in Referral Fish Feed
Analysis Laboratory, on receipt of the application, the Licensing Authority shall
request the Referral Fish Feed Analysis Laboratory, to analyse the sample.
(5) The Analyst at Referral Fish Feed Analysis Laboratory shall
analyse the sample and send the analysis report to the Licensing Authority in
the prescribed form within fifteen(15) days from the date of receipt of the
request from Licensing Authority.
(6) In case of receipt of sample with specialrequest as per clause (h) of
sub-section (3) of section 17, the analyst at referral laboratory shall not wait for
instructions from licensing authority and shall do analysis of the sample on
priority basis well before the expiry date of sample.
(7) The report sent by the Referral Fish Feed Analysis Laboratory shall be
final and supersede the report given by the notified Fish Feed Laboratory under
sub-section (1).
(8) Where the report sent by the Referral Fish Feed Analysis Laboratory
under sub-section (4) or (5) is produced in any Court proceedings, it shall not
be necessary in such proceedings to produce any sample or part thereof taken
for analysis.
CHAPTER-VI
OFFENCES AND PENALTIES
19. Offences - (1) The following shall be the Offences if committed by any
person / firm or its   representative:
(i)Doing Fish Feed business without license;
(ii)Distribution / sale of unapproved fish feed;
(iii)Distribution / sale of fish feed made for  sale in other
States / Countries;
(iv) The License was obtained by concealment or
misrepresentation as to an essential fact/s;
(v) Preventing the Fish Feed Inspector from exercising
his/herpowers delegated under this Act and Rules made
thereunder;
(vi) not providing fish feed samples of required quantity when
fish feed inspectors asks for;
(vii) physical attack on Fish Feed Inspector or any other staff
whileperforming his/her duty under this Act or Rules made
thereunder;
(viii) sell or intend to sell of expired fish feed;
(ix) sell or intend to sell of fish feed without proper label;
(x) sell or intend to sell adulterated fishfeed;
(xi) sell or intend to sell of sub-standard fish feed;
(xii) carrying out any fish feed business operations other
than for which license is obtained;
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(xiii) in case of fish feeds produced in other States/
Countries and contains adulterants;
(xiv) any other violation under the Act or Rules made
thereunder;
(xv) any other offence may be notified by the Government
from time to time.
20. Penalty -(1) If any person/firm or representative commits an offense listed
under section 19 of this Act, shall be punishable as may be prescribed.
(2) any other penalties may be notified by the Government from time to
time.
21. Seizure/forfeiture of property - (1) The fish feed stock shall be seized
/forfeited if any person/firm or representative commits an offence for which
seizure or forfeiture is prescribed under Rules.
(2) Government may notify other offenses by committing which the fish
feed stock shall be seized / forfeited.
22. Offences by companies/firms - (1) While applying for license, companies
have to nominate a person / persons who are responsible for the complying
with the provisions of this Act and Rules made thereunder.
(2) In case of violation of any provisions of this Act and Rules made
thereunder, the nominated person / persons as well as the company/firm
itself, shall be deemed to be guilty of the offence and shall be liable to be
proceeded against and punished accordingly.
(3) In case if nominated person/s is/are not working in the company at
the time of committing violation, for any reason every person who at the time of
the offence, was in-charge of and was responsible for the conduct of the
business of the company/firm, as well as the company/firm itself, shall be
deemed to be guilty of the offence and shall be liable to be proceeded against
and punished accordingly.
CHAPTER-VII
APPEALS
23. Appeal in case of suspension/cancellation of License -(1)Any
person/firm aggrieved by the decision of the Licensing Authority, may within
thirty(30) days from the date on which the decision is communicated to
him/her/it and on payment of such fees as may be prescribed, prefer an
appeal to the Controlling Authority;
Provided that the appellate authority may  entertain an appeal after the
expiry of the said period of thirty(30) days if it is satisfied that the appellant
was prevented by sufficient cause from  filing the appeal in time.
(2) On receipt of an appeal under sub-section (1), the appellate authority
shall, after giving an opportunity of being  heard, dispose of the appeal as may
be prescribed.
(3)Every order passed by the Controlling Authority on an appeal
preferred to it under this section, shall be final.
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CHAPTER-VIII
MISCLLANEOUS
24. Exemption -(1)This Act and Rules made thereunder, shall not be
applicable to,-
(a) Fish feed manufactured and distributed by the ICAR/ SVVU/
Department of Fisheries/ and other Government agencies/
institutions for the purpose of conducting Research & Development
and field trials.
(b) Fish feed manufactured by any person / firm / company on the
written order by the ICAR / SVVU/ Department of Fisheries/ and
other Government agencies/ institutions for the purpose of
conducting Research & Development and field trials.
(2) In case if such fish feed manufactured under sub-section (1) is sold to
any fish farmer/ user on cost basis, the exemption given under sub-section (1)
shall be null and void.
25. Protection of action taken in good faith -No suit, prosecution or other
legal proceedings shall lie against the Government or any officer or employee of
the Government for anything which is done or intended to be done in good faith
under this Act or the Rules made thereunder.
26. Persons acting under this Act to be Public Servants - Any person acting
under this Act shall be deemed to be a public servant within the meaning of
section 21 of the Indian Penal Code,1860. (Central Act 45 of 1860).
27. Power to make Rules -(1)The Government may, by notification, make
Rules for carrying out all or any of the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing
power, such Rules may provide for,-
(i) the functions of Controlling Authority, Licensing
Authority, Fish Feed Inspector, Fish Feed Quality Control
Committee;
(ii) Notifying one or more Fish Feed Analysis Laboratories for
different areas and one or more referral laboratories for the
State;
(iii) the functions of the Fish Feed Analysis Laboratory;
(iv) the procedure of collection, packing, sealing, marking/
labeling, preservation, forwarding sample to Fish Feed
Analysis Laboratory, storing and disposal of the fish feed
sample collected under section 17;
(v) therequirements which shall be complied by
person/firm  carrying out  the business of fish feed under
section 7;
(vi) the forms of application for the grant of a license under
section 8, the particulars it may contain, the fees which
should accompany it, the form of the License and the
conditions subject to which the License may be granted;
(vii) the standards to which Fish Feed should confirm under
section 12;
(viii) the form and manner in which and the fee on payment
of which an appeal may be preferred under section 23 and
the procedure to be followed by the Appellate Authority in
disposing the appeal;
(ix) the form for forwarding the sample to FishFeed Analysis
Laboratory by Fish Feed Inspector;
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(x) Form of report of result of the analysis under section 18
and the fees payable in respect of such report;
(xi) the records to be maintained by a person/firm carrying
out the business referred to in section 7 and the particulars
which such records shall contain;
(xii) The procedure to issue of licenses / endorsements to
‘Fish Feed manufacturing Units, ‘Fish Feed Dealers’ and
‘Fish Feed Vendors’;
(xiii) any other matter which is to be or may be  prescribed.
(3) Every Rule made under this Act, shall, immediately after it is made,
be laid down before the Legislative Assembly of the State, if it is in session, and
if it is not in session, in the session immediately following for a total period of
fourteen days which may be comprised in one session or in two successive
sessions, and if, before the expiration of the session in which it is so laid or the
session immediately following the Legislative Assembly agrees in making any
modification in the Rule or in the annulment of the Rule, the Rule shall, from
the date on which the modification or annulment is notified, have effect only in
such modified form or shall stand annulled as the case may be so, however,
that any such modification or annulment shall be without prejudice to the
validity of anything previously done under that Rule.
28. Power to remove difficulties - (1) If any difficulty arises in giving effect to
the provisions of this Act, the State Government may, as occasion requires, by
order published in the Andhra Pradesh Gazette, make such provision not
inconsistent with the provisions of this Act, as appear to be necessary or
expedient for removing the difficulty.
(2) Every Order made under this section shall be laid, as soon as may be
after it is made, before the Houses of the State Legislature.
29. Repeal of Ordinance No.7 of 2020 and Saving -(1) The Andhra Pradesh
Fish Feed (Quality Control)Ordinance, 2020 is hereby repealed.
(2)  Notwithstanding such repeal, anything done or any action taken under
the said Ordinance shall be deemed to have been done or taken under the
corresponding provisions of this Act.

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