The Andhra Pradesh Animal Feed (Regulation of Manufacture, Quality Control, Sale and Distribution) Act, 2020.
Andhra Pradesh · state statute
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THE ANDHRA PRADESH ANIMAL FEED (REGULATION OF MANUFACTURE,
QUALITY CONTROL, SALE AND DISTRIBUTION) ACT, 2020
ACT No.37 of 2020
ARRANGEMENT OF SECTIONS
SECTIONS
CHAPTER – I
PRELIMINARY
1. Short title, extent and commencement
2. Definitions
CHAPTER – II
CONTROLLING AUTHORITY / LICENSING AUTHORITY AND ANIMAL FEED
QUALITY CONTROL COMMITTEE
3. Controlling Authority
4. Licensing Authority
5. Powers of Licensing Authority
6. Registration for Manufacture, Sale and Distribution of animal feed
and mineral mixture
7. Application for license of animal feed and fee for license
8. Process of issue of license
9. Refuse to grant a license
10. Duplicate License certificate
11. Cancellation of License
12. Animal Feed Quality Control Committee
CHAPTER – III
MINIMUM STANDARDS & SPECIFICATIONS AND EXPERT COMMITTEE
13. Condition for manufacturing animal feed or mineral mixture
14. Specifications/Standards regarding manufacturing, sale or
distribution of animal feed and mineral mixture
15. Expert Committee
16. Approved animal feed and mineral mixture
CHAPTER – IV
PACKING, MARKING AND LABELLING
17. Packing, marking and labeling
18. Alteration in container or composition
CHAPTER – V
REGULATION OF SALE
19. Regulation of sale of animal feed or mineral mixture
20. Prohibition on manufacture, sale and distribution of approved
animal feed or mineral mixture
21. Approved animal feed or mineral mixture deemed to be adulterated
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22. Approved animal feed or mineral mixture deemed to be misbranded
23. Minimum standards to be maintained and Responsibilities of the
Feed business operator
24. Warranty and Feed recall procedures
CHAPTER – VI
ANIMAL FEED SAMPLE ANALYTICAL LABORATORIES AND REPORTS
25. Animal feed analytical laboratories and referral laboratory
26. Analysis of samples
27. Report of notified animal feed sample analytical laboratories
CHAPTER – VII
IMPORTS
28. Examination of customs
CHAPTER – VIII
OFFENCES AND PENALTIES
29. Seizure of suspected approved animal feed or mineral mixture
30. Penalty for contravention of this Act
31. Procedure for launching prosecution
32. General provisions relating to penalty
33. Penalty for selling feed not of the nature or substance or quality
demanded
34. Penalty for sub-standard feed
35. Penalty for misbranded feed
36. Penalty for misleading advertisement
37. Penalty for feed containing extraneous matter
38. Penalty for failure to comply with the directions of Animal Feed
Inspector
39. Penalty for unhygienic or unsanitary processing or manufacturing
of feed
40. Penalty for contraventions for which no specific penalty is provided
41. Forfeiture
CHAPTER – IX
APPEAL
42. Appellate Authority
CHAPTER – X
MISCELLANEOUS
43. Protection for action taken in good faith
44. Persons acting under this act to be public servants
45. Maintenance of registers and records
46. Submission of returns
47. Exemption
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48. On-line platform
49. Powers to make rules
50. Power to remove difficulties
SCHEDULES
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THE ANDHRA PRADESH ANIMAL FEED (REGULATION OF MANUFACTURE,
QUALITY CONTROL, SALE AND DISTRIBUTION) ACT, 2020
ACT No.37 of 2020
[28thDecember, 2020]
AN ACT TO PROVIDE A MECHANISM TO REGULATE AND SUPERVISE THE
MANUFACTURE, QUALITY CONTROL, DISTRIBUTION AND SALE OF
ANIMAL FEED IN THE STATE OF ANDHRA PRADESH 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 Animal Feed (Regulation of Manufacture, Quality Control, Sale
and Distribution) Act, 2020.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall come into force on such date as the State Government may, by
notification, appoint.
2. Definitions - In this Act, unless the context otherwise requires,-
(1) “Act” means the Andhra Pradesh Animal Feed (Regulation of
Manufacture, Quality Control, Sale and Distribution) Act, 2020;
(2) “Animal” includes any species of livestock, pet animal and poultry;
(3) “Animal Feed" means any simple or compounded product which is
grounded, pelleted, crumbled or mixed, balanced for various nutrients as per
the laid down specification, intended to supply wholly or partly the nutritional
requirements of animal or poultry and which on being fed to them contribute to
their maintenance, growth and productive capacity and includes feed additives;
“Animal Feed" under this Act includes the following:
(i) Calf starter meal from the age of approximately eight
weeks and up to approximately twenty six weeks and calf
growth meal from the age of approximately twenty six weeks
and up to approximately one hundred eight weeks;
(ii) Compounded cattle feed for cattle and buffaloes from the
age of approximately above one hundred eight weeks;
(iii) Pre mixed and formulated compounded feed in mash,
pellets or crumbles form balanced for various nutrients as
per the Bureau of Indian Standards (BIS) laid down
specifications, intended for the feeding of livestock, pet
animal and poultry;
(iv) Proprietary feed developed through R&D efforts which
includes bypass protein, bypass fat, Urea molasses, mineral
block, urea molasses liquid feed, mineral salt lick, straw and
other roughage based fodder blocks and other supplements
including feed additives; and
(v) Mineral mixture;
Definitions.
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(4) “Animal feed inspector” means any officer of Animal Husbandry
Department who is designated as Animal Feed Inspector by Controlling
authority;
(5) “Animal feed analysis” means procedures of animal feed analysis to
verify moisture, crude protein, crude fiber, Acid insoluble ash, Gross energy,
amino acids and other parameters of animal feed sample;
(6) “Animal feed analyst” means the person carrying out the Animal feed
analysis in the animal feed analysis laboratory;
(7) “Animal feed analytical laboratory” means the laboratory notified for
the purpose of analyzing the samples of animal feed;
(8) “Animal feed business” means animal feed manufacture, dealership/
distribution, sale and all allied activities;
(9) “Animal feed business operations” means all the operations/ activities
under taken for carrying out animal feed business;
(10) “Animal feed business operator” means any person/company/ firm
carrying out animal feed business operations;
(11) “Adulterated feed” in relation to feed stuff and compound feed means
any feed stuff or compound feed which:
does not conform to the declaration made regarding its nature,
substance or quality; or
addition of an impure, cheap or unnecessary ingredient to cheat or
cheapen a preparation; or
is manufactured by the use of dye or coloring agent to impart a
certain color; or
does not conform to the prescribed standards; or is spoiled or
damaged or is fungus-infested and is harmful for animals;
(12) “Animal 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;
(13) “Authorized Agent” means any person involved in sale of
Animal feed under an agreement or contract with the manufacturers or dealer;
(14) “Cake” means the residual mass resulting from pressing of seeds,
meat or fish after extraction of oil, fat or any other liquid;
(15) “Company” means company as defined in the Companies Act, 2013,
(Central Act No.18 of 2013);
(16) “Complete feed” or “Total Mixed Ration” (TMR) means a nutritionally
adequate feed for animals prepared using ground roughages and concentrate
feed ingredients in suitable combination to be fed as a single feed mix in mash,
pellet or block form;
(17) “Compound feed” means any ground, pelleted, crumbled or mixture
feed intended for the feeding of animals and includes:
the poultry compound feed as may be prescribed for broiler, layer and breeder
based on age;
livestock compound feed according to growth, productive and reproductive
status, as may be prescribed; and
feed for pet and other animals, as may be prescribed;
(18) “Controlling Authority” means the officer who is responsible for the
overall enforcement of this Act in the entire State of Andhra Pradesh;
(19) “Court” means any Court not less than a Court of Judicial
Magistrate of First Class in the State of Andhra Pradesh;
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(20) “Crumble” means pelleted feed reduced to granular form;
(21) “Customer formula feed” means any type of mixture which may
contain more than one feed stuff designed as per customer choice;
(22) “Distributor/Dealer” means the person/company/firm who
distributes the animal feed/sells the animal feed on wholesale basis to vendors
for retail sales;
(23) “Drug” means a substance
Intended for use in the diagnosis, cure, mitigation, treatment or
prevention of disease in animals;
other than food intended to affect the structure or any function of the
body of animals;
(24) “Expert Committee” means the Committee of Experts constituted
with eminent nutritionist taken from the: ICAR institutes; State Agricultural
Universities; Feed Industry and Officials of Government Departments;
(25) “Feed Additive” means a substance or combination of substances
added in traces to the basic feed mix or parts thereof to obtain a specific
biological growth and satisfy certain production needs;
(26) “Feed mill” means an automatic or semi-automatic plant for
manufacturing of compound feed, complete feed or customer formula feed;
(27) “Feed ingredient” means component part, constituent, or any
combination /mixture added to and comprising the animal food;
(28) “Feed stuff” means edible material(s) which are consumed by
animals and contribute energy and/or nutrients to the animals diet;
(29) “Firm” means a firm / partnership firm registered under the Indian
Partnership Act, 1932, (Central Act No.9 of 1932);
(30) “Form” means a form specified in Schedule I;
(31) “Government” means the Government of Andhra Pradesh;
(32) “Importer" means any person who imports any animal feed for the
purpose of sale or supply in India;
(33) “Laboratory” means any laboratory authorized by the Registering
Authority from time to time for the purpose of analyzing the samples of animal
feed as under section 25;
(34) “License” means any license given under section (8) in favour of any
person / company / firm for carrying out Animal feed business operations;
(35) “Licensee” means a person /company/firm to whom a license has
been granted for manufacturing or processing pre-mixed Animal feed and
Mineral mixture;
(36) “Licensing authority” means the officer who is empowered to grant
licenses to Animal feed business operators under this Act;
(37) “Manufacturer” means the person/company/firm engaged in the
manufacturing or processing of pre-mixed Animal feed and Mineral mixture;
(38) “Meal” means an ingredient which has been grounded or otherwise
reduced in particle size for consumption by animals;
(39) “Micro-ingredients” mean vitamins, amino acids, minerals,
antibiotics, drugs and other feed additives normally required in trace amounts
and measured as per national and international standards;
(40) “Mineral Mixture” means a blend of essential macro and micro
mineral elements with or without common salt in powder form, used for
supplementing the ration;
(41) “Misbranded” means misuse of registered trade name;
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(42) “Notification” means a notification published in the Andhra Pradesh
Gazette and the word ‘Notified’ shall be construed accordingly;
(43) “Pellet” means agglomerated feeds formed by compacting and forcing
through die openings by any mechanical process;
(44) “Prescribed” means prescribed by rules made under the Act;
(45) “Registering/licensing authority” means the person appointed by the
State Government by notification, to exercise the powers and perform the
functions of a licensing authority under this Act or the rules made there under;
(46) “Registration Certificate” means a registration certificate under this
Act;
(47) “Referral Laboratory” means the Laboratory for the purpose of
analyzing the referral samples of animal feed in case of disputes;
(48) “Silage” means anaerobically preserved fermented fodder or feed
stuff prepared and preserved through a prescribed process with or without
adding inoculum for feeding ruminants;
(49) “Standard Animal feed or Mineral mixture” means any Animal feed
or Mineral mixture complying standards prescribed under this Act;
(50) “Sub-standard Animal feed or Mineral mixture” means any Animal
feed or Mineral mixture not in compliance with the standards prescribed under
the Act and Rules made there under;
(51) “Vendor” means any person/company/firm to whom any approved
animal feed is sold or delivered by the manufacturer or importer, for the
purpose of sale by retail; of Animal feed or Mineral mixture to farmers/end
users;
(52) “Trader” means any person/company/firm who imports animal feed
or Mineral mixture for the purpose of sale by retail.
CHAPTER-II
CONTROLLING AUTHORITY / LICENSING AUTHORITY AND ANIMAL
FEED QUALITY CONTROL COMMITTEE
3. Controlling Authority - The Director of Animal Husbandry shall be the
Controlling Authority under this Act.
4. Licensing Authority - The District Collector/Joint Director (AH) or any
officer empowered by the Controlling Authority shall be the licensing authority
under this Act.
5. Powers of Licensing Authority -The Registering/licensing authority or
Animal feed inspector authorized by controlling authority or any officer
authorized on behalf may, with a view to securing compliance with the
provisions of this Act,-
(i) require any authorized dealer or agent or manufacturer to
give any information in his possession with respect to the
manufacture, processing, sale, distribution of animal feed;
(ii) enter upon and inspect any premises where items are
manufactured or processed or stocked or exhibited for sale,
at any time during the business hours with a view to
satisfying himself that the provisions of this Act are being
complied with;
(iii) On giving a proper receipt, seize or detain any item that
is being processed, marketed, packed, labeled or sold in
contravention of the said provisions of the Act;
(iv) Seize or detain, on giving a proper receipt, any raw
material, document, account book or other relevant evidence
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connected with the manufacture, processing or sale in
respect of which he has reasons to believe that a
contravention of this Act has been committed;
(v) Inspect any books or other documents relating to the
manufacture, processing or sale of animal feed;
(vi) Collect samples of animal feed intended or exposed for
sale or under dispatch or delivery to any dealer or agent for
the purpose of sale and have such samples analyzed at an
authorized laboratory;
(vii) By an order in writing, impose temporary ban on
manufacture or processing or distribution or sale of animal
feed in respect of which he has reasons to believe that any of
the provisions of this Act has been contravened.
(viii) The ban imposed under clause (vii) shall remain in force
for a period of three months or till the issue is settled after
enquiry, whichever is earlier.
(ix) Every person, if so required by the Registering/licensing
authority or the officer in this section, shall be bound to
afford all necessary facilities to the Registering/licensing
authority or such officer for the purpose of enabling the
Registering/licensing authority or such officer to exercise the
powers under clause (ii);
(x) The Registering/licensing authority or the officer, may
with a view to securing compliance with this Act or to satisfy
himself that any such provisions has been complied with;
(xi) The collected samples of animal feed that shall be divided
into three parts. Each part shall be marked (coded), sealed,
signed and fastened in air tight containers/bags in a manner
prescribed so that nature and character of the content may
not change, mentioning the date and time of sampling. Out
of the three parts, one shall be forwarded for analysis to the
laboratories authorized in that behalf by the Registering/
licensing authority or the officer in this section, one shall be
delivered to the person from whom the sample was taken
and one shall be kept by the Registering/licensing authority
or the officer in this section for use in case a re-test of the
sample is required. The Registering/licensing authority or
the officer in this section shall prepare in such form as may
be prescribed, a declaration in triplicate containing full
particulars relating to the samples collected for quality
monitoring or samples seized by him and such declaration
shall be signed or marked by both the Registering/licensing
authority or the officer in this section authorized and the
person from whose possession, custody or control the animal
feed has been collected /seized, and a copy thereof shall be
given to such person.
Provided thatwhen a sample is taken, from the stock
in the possession of an authorized agent, the authorized
agent shall be bound to give the name and such other
particulars of the person on whose behalf such stock is held
by him, as the Registering/licensing authority or the officer
in this section may require.
(xii) Every holder of a license certificate shall be bound by
any direction or order issued by the Registering/licensing
authority or the officer in this section in pursuance of any of
the provisions of this Act and shall comply with such
directions or orders and any failure on his/her part to
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comply with such direction or order shall be deemed to be a
contravention of this Act.
(xiii) The provisions of the Code of Criminal Procedures, 1973
(Central Act 2 of 1974) relating to search and seizure shall,
so far as may be, apply to searches and seizures under this
Clause.
6. Registration for Manufacture, Sale and Distribution of animal feed and
mineral mixture -(1)No person shall carry on business of manufacture, sale
or distribution in any manner of items except under and in accordance with
the terms and conditions of a license certificate issued by the licensing
authority.
Provided that Animal feed business operators already carrying on
business of manufacture, sale or distribution shall obtain license as may be
prescribed from the date of commencement of this Act.
(2) A separate registration shall be necessary for each place of business
or manufacture.
7. Application for license of animal feed and fee for license -(1) Any person
desirous of registering and obtaining manufacturing license for any animal feed
item for sale shall make application to the Registering/licensing authority or
person authorized or the officer authorized on his behalf in Form ‘A’.
(2) Any person desirous to sell feed which is manufactured outside the
State, shall make application for trading license in Form ‘A’ to the
Registering/licensing authority or person authorized or the officer authorized
on his behalf.
(3) An application under sub-section (1) shall contain the following
particulars:
(a) The name and address of the applicant;
(b) Proposed trade name;
(c) A copy of the draft print or the label which shall be affixed on
any container in which feed or finished product shall be sold;
(d) Sample of the container in which such animal feed or mineral
mixture shall be sold ;
(e) Display on the container a statement of the composition of
items;
(f) Such other information as may be required by the Registering/
licensing authority or the officer authorized on his behalf.
(4) Every application made under sub-section (1) shall be accompanied
by the fee specified in sub-section (7);
(5) If application is not submitted for license within the time limit as
prescribed under section 6(1), the Licensing Authority can order for stopping
all animal feed business operations being undertaken by the person/company/
firm;
(6) Until the time of receiving the order of acceptance or rejection of
application for license made under sub-section (5), the person/ company/firm
may continue to perform animal feed business operations.
(7) License Fee shall be as prescribed in rules made from time to time
and shall be credited to the green channel PD account of the controlling
authority;
(8) Where an application for the registration & grant of a license is
rejected, the license fee paid by the applicant shall be refunded.
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8. Process of issue of license -(1) Any person who wishes to start a new
Animal Feed Business Operations/ any firm registered under Partnership
Act,1932 (Central Act 9 of 1932)/ any company registered under Companies
Act,2013 (Central Act 18 of 2013) which desires to start new Animal Feed
Business Operations shall apply for the license under prescribed category of
Animal Feed Business Operations along with the prescribed license fee to the
Licensing Authority in form “A”.
Provided that, in case if any person/firm/company wishes to undertake
more than one Animal 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;
(2) If any person/firm, carrying out the Animal Feed Business Operations
without any license immediately before commencement of this law, the person
/company/firm shall apply to the Licensing Authority within a period of four
(4) months from the appointed date as prescribed in form “A”.
(i) If application is not submitted for license within the time
limit as prescribed under sub-section (2) the Licensing
Authority can order for stopping all Animal Feed Business
Operations being undertaken by the person/company/ firm.
(ii) Until the time of receiving the order of acceptance or
rejection of application for license made under clause (i), the
person/ company/firm may continue to perform animal feed
business operations.
(3) If any application under sub-section (1) is submitted, the Licensing
Authority:-
(i) If satisfied that the applicant has fulfilled all the terms
and conditions of application for carrying out the Animal
Feed Business Operations, the Licensing Authority shall
issue the license in form “B” within fifteen (15) days from the
date of application; or
(ii) 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;
(iii) If acceptance or rejection of license application is
not communicated within the stipulated time of fifteen (15)
days, the license shall be deemed to be issued;
(4) The licensing authority shall make sure all the applications for
issuance 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.
(5) Subject to the provisions of this sectionthe issue of license shall be
valid for life time for domestic and export oriented business operations.
9. Refuse to grant a license -(1) The Registering/licensing authority may
refuse to grant a license to any applicant if,-
(i)The application is defective in any respect;
(ii)The license fee has not been paid;
(iii) The applicant doesn’t under take to manufacture or
process the feed in conformity with the provisions of the Act;
(iv)The applicant is not solvent;
(v)Whenever the license was cancelled; or
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(vi)The applicant doesn’t have the prescribed machinery.
(2) Registering/licensing authority, while refusing the registration and
grant a license, shall specify the reasons for such refusal in his order and shall
communicate the order to the applicant.
10. Duplicate License certificate - If a license certificate issued under this
order is defaced, lost or destroyed, the Registering/licensing authority may if
satisfied, grant a duplicate registration certificate to the applicant on payment
of a fee as may be prescribed.
11. Cancellation of License -(1) Where any person contravene any provisions
of the Act or any Rule made there under, the Registering/licensing
authority by order, can cancel or suspend the license issued under section 8;
(2) No order under sub-section (1) shall be made against the license
except after notice to him to show cause within such period as may be specified
in the notice as to why such order should not be made and except on his
failure to show cause with in such period or on his not showing sufficient
cause;
(3) Where the Registering/licensing authority cancel or suspends any
license issued in respect of any approved Animal feed or Mineral mixture under
sub-section (1) such Animal feed or mineral mixture manufacture by such
license shall seize to be an approved Animal feed or mineral mixture;
(4) Every cancellation or suspension under sub-section (1) shall be by
order published in the gazette and in the largely circulated Telugu and English
newspaper.
12. Animal Feed Quality Control Committee - (1) The Government shall by
notification constitute the Animal Feed Quality Control Committee to advise the
Controlling Authority on all matters relating to registration, licensing and
quality control in Animal feed business operations and to enforce the
provisions of the Act and the rules made there under. This Committee shall
consist of the following members, namely:
(a) Dean, Faculty of Veterinary Science, Sri Venkateswara
Veterinary University, Tirupati – Chairman of the committee;
(b) Professor & University Head, Department of Animal
Nutrition from Sri Venkateswara Veterinary University, Tirupati –
Ex-Officio Member.
(c) Additional Director (Planning), Directorate of Animal
Husbandry, Andhra Pradesh (Member Convener) - Ex-Officio
Member.
(d) Joint Director, Veterinary Biologicals Research Institute,
Vijayawada, Animal Husbandry Department - Ex-Officio Member.
(e) One member from FSSAI, not below the rank of Assistant
Director - Ex-Officio Member.
(f) One member from EIA, not below the rank of Assistant Director
- Ex-Officio Member.
(g) One expert from Directorate of Poultry Research (DPR),
Hyderabad - Ex-Officio Member.
(h) One member from Livestock and Poultry Feed manufacturers
nominated by the Government – Non Official Member.
(i) One member from Progressive dairy farmers nominated by the
Government - Non Official Member.
(j) One member from Andhra Pradesh Poultry Federation - Non
Official Member.
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Explanation:
(i) Ex-officio members shall hold office, as long as he/she holds
the appointment by virtue of which his/her nomination was made.
(ii) Non-official member may, unless his/her seat become vacant
either by resignation or otherwise, be entitled to hold office for a
period of two years from the date of assumption.
(2) Meetings of the Committee:
(i) The quorum for any meeting of the Committee shall be
four members.
(ii) Dean, Faculty of Veterinary Science, Sri Venkateswara
Veterinary University, Tirupati shall, if present, preside at all
meetings of the Committee.
(iii) In the absence of the Dean, Faculty of Veterinary
Science, Sri Venkateswara Veterinary University, Tirupati
from any such meeting, the members present shall elect one
of the members to preside at such meeting.
(iv) Every member, other than the Dean, Faculty of
Veterinary Science, Sri Venkateswara Veterinary University,
Tirupati, shall, unless he vacates office earlier by death,
resignation or removal by the Government, hold office for a
period of three years from the date of appointment to such
office:
Provided that a member appointed in place of a
member who dies or resigns or otherwise vacates office,
shall, unless he earlier vacates office hold office for the
unexpired part of the term of office of the member whom he
succeeds.
(v) The Government may, by Order published in the Gazette,
remove any member other than the Dean, from office,
without assigning any reason therefore and such removal
shall not be called in question in any court or tribunal.
(vi) Any member other than the Dean, Faculty of Veterinary
Science, Sri Venkateswara Veterinary University, Tirupati
vacating office by the effluxion of time shall be eligible for
reappointment.
(vii) If any member other than the Dean, Faculty of
Veterinary Science, Sri Venkateswara Veterinary University,
Tirupati is unable at any time to perform the duties of his
office by reason of absence or incapacity the Government
may appoint some other person to act in his place during
such period in like manner as such member was appointed
in accordance with the provisions of sub-section (1).
(3) The Animal Feed Quality Control Committee may make guidelines in
respect of all or any of the following matters:
(i) the procedure to be followed at its meetings;
(ii) the conduct of its business; and
(iii) All matters connected with or incidental to the discharge
of Its functions.
(4) The functions of the Committee shall be,-
(i) to advise the Registering/Licensing Authority on any
matter relating to the licensing of animal feed and the
manufacture, storage and preparation of animal feed for sale
and the sale of approved animal feed;
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(ii) to take such other steps as may be prescribed that are
connected with or incidental to the aforesaid matters;
(iii) to recommend on quality of animal feed;
(iv) to recommend on modifications, amendments, deletions,
additions to procedures for manufacture for sale,
distribution and imposition of quality control measures;
(v) to recommend on fees structure for issue of manufacture
license for animal feed, fee of manufacture license, issue of
duplicate license;
(vi) to recommend on test procedures for quality control of
animal feeds.
CHAPTER-III
MINIMUM STANDARDS & SPECIFICATIONS AND EXPERT COMMITTEE
13. Condition for manufacturing animal feed or mineral mixture -(1) An
authorized license holder shall not use,-
(i) Ingredients, such as, rice husk, caster husk/meal,
jatropha cake or meal, ground nut hulls, saw dust and such
other ingredients, as may be specified by the expert
committee from time to time, for manufacture of Animal feed
or mineral mixture;
(ii) Ingredients of animal origin and mineral salts with low
bio-availability, as may be specified by the expert committee
from time to time, for manufacture of Animal feed or mineral
mixture;
(iii) Urea or any other non-protein nitrogen compounds
including ammonium salts for manufacture of feeds for
young stock and poultry feed. However feed for adult cattle
may contain urea, calcite powder and common salt as
specified from time to time.
(2) The standard of Animal feed or mineral mixture manufacture or
process by a licensee shall be, as may be prescribed and every licensee shall be
bound to adhere to the prescribed standards;
(3) No licensee shall manufacture any type of Animal feed or mineral
mixture mentioned in Schedule-I unless it confirms to the prescribed
standards;
(4) The Animal feed or mineral mixture manufactured or processed by a
licensee shall be tested in the prescribed manner.
14. Specifications/Standards regarding manufacturing, sale or
distribution of animal feed and mineral mixture - (1) The
Specifications/Standards prescribed in sub-section(2) shall be applicable to,-
(i) the Animal feed manufactured in the State and sold
within the State;
(ii) Animal 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 Animal feed shall comply with the available
Bureau of Indian Standards (BIS) for Livestock, Specifications recommended by
Expert committee for Poultry and ICAR/AAFCO standards for pet animals
amended from time to time;
(i) In case BIS prepares standards for any new species, they
shall be followed by the Animal feed manufacturers;
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(ii) In case of non-availability of BIS standards for any
approved species, the Expert Committee constituted under
section 15 shall approve new standards by following the
procedure as may be prescribed;
(iii) The Controlling authority shall do the needful for BIS
approval of standards prepared under clause (ii);
(iv) To suit to the local conditions/requirements, deviations
with regard to few parameters of BIS standards like (a)
Mash, pellet size, (b) packing material, (c) methods of
analysis etc., may be permitted through Rules under this
Act. Under any circumstances, all other quality standards
like proximate composition etc., of Animal feed shall not be
deviated;
(3) Label of Animal Feed bag shall consist of all the information/details
as may be prescribed;
(4) The Animal feed shall not contain any prohibited antibiotics or
pharmacologically active substances under any circumstances and shall be
certified accordingly on the Animal feed bag;
(5) Other additional criteria/parameters to be complied by the
manufacturers/dealers/vendors of Animal feed/Animal feed ingredients as
may be prescribed.
15. Expert Committee -(1) The Government shall by notification constitute
“Expert Committee” with eminent nutritionists and shall consist of the
following members, namely:
(a) Associate Dean nominated by, Vice Chancellor, SVVU, Tirupati
(Chairman);
(b) Additional Director (Planning), Animal Husbandry Department,
Government of AP (Member Convenor);
(c) Professor, Animal Nutrition, SVVU, Tirupati;
(d) Professor, Poultry Science, SVVU, Tirupati;
(e) Principal Scientist (Poultry Nutrition) from Directorate
of Poultry Research (DPR), Hyderabad;
(f) Joint Director, Veterinary Biological Research Institute,
Vijayawada;
(g) One field Veterinarian with specialization in Animal Nutrition
nominated by Controlling Authority.
(2)Meetings of the Expert Committee:
(i) The quorum for any meeting of the Committee shall be
four members.
(ii) The Associate Dean nominated by Vice-Chancellor, SVVU,
Tirupati shall, if present, preside at all meetings of the
Committee.
(iii) In the absence of the Associate Dean from any such
meeting, the members present shall elect one of the
members to preside at such meeting.
(iv) Every member, other than the Associate Dean, shall,
unless he vacates office earlier by death, resignation or
removal by the Government, hold office for a period of three
years from the date of appointment to such office:
Provided that a member appointed in place of a
member who dies or resigns or otherwise vacates office,
shall, unless he earlier vacates office hold office for the
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unexpired part of the term of office of the member whom he
succeeds.
(v) The Government may, by Order published in the Gazette,
remove any member other than the Associate Dean, from
office, without assigning any reason therefore and such
removal shall not be called in question in any court or
tribunal.
(vi) Any member other than the Associate Dean vacating
office by the effluxion of time shall be eligible for
reappointment.
(vii) If any member other than the Associate Dean is unable
at any time to perform the duties of his office by reason of
absence or incapacity the Government may appoint some
other person to act in his place during such period in like
manner as such member was appointed in accordance with
the provisions of sub-section (1).
(3) The Committee may make guidelines in respect of all or any of the
following matters:
(i) The procedure to be followed at its meetings;
(ii) The conduct of its business; and
(iii) All matters connected with or incidental to the discharge
of its functions.
(4) The functions of the Committee shall be,-
(i) to fix the minimum standard as to the composition,
strength, quality and purity of any approved animal feed for
which specifications are not available;
(ii) to fix the maximum level of deleterious or inert material
allowable in approved animal feed;
(iii) to recommend to the Controller of Imports and Exports
on matters relating to import of animal feed and export of
approved animal feed and animal feed ingredients;
(iv) to set out the manner in which approved animal feed
shall be analysed; and
(v) to take such other steps as may be prescribed that are
connected with or incidental to the aforesaid matters.
16. Approved animal feed and mineral mixture -The Licensing authority
shall declare any animal feed or mineral mixture manufactured for sale on a
licence issued under section 8 to be an approved animal feed or mineral
mixture and assign a number in respect of approved Animal feed or mineral
mixture.
CHAPTER-IV
PACKING, MARKING AND LABELLING
17. Packing, marking and labeling -Every holder of a license certificate shall
comply with the following requirements:
(i) Animal feed shall be packed in clean and sound jute or
HDPE or Cloth or paper bags and shall be labeled in Form D,
in such quantities as may be specified by licensing authority.
The mouth of each bag shall be machine stitched;
(ii) Mineral mixture shall be packed in moisture proof sound
and clean bags and shall be labeled in Form E, free from
causal agents of infectious diseases and parasites in such
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quantities as may be specified by the Registering/licensing
authority;
(iii) Every bag in which Animal feed or mineral mixture is
packed shall bear the license number, name and business
address and trade name of the manufacture, marks
approved by the Registering/licensing authority, net weight
in kgs at the time of packing and the maximum retail price;
(iv) Batch number, date of manufacture, address of
manufacturer, license number, the nutrient composition,
and such other particulars as may be stipulated by the
Registering/ licensing authority;
(v) Each bag in which mineral mixture is packed, shall
contain a printed format of which shall be approved by the
Registering/ licensing authority, indicating batch number,
date of manufacture, address of manufacturer, license
number, percentage of various mineral elements and such
other particulars as may be stipulated by the Registering/
licensing authority;
(vi) The labels on package or container shall not contain any
statement, claim, design, or device which is false or
misleading;
18. Alteration in container or composition -No alteration in the container,
print or label or composition or any approved Animal feed or mineral mixture
shall be made by any person unless an application is made in that behalf and
prior approval obtained from the Registering/licensing authority in respect of
such intended alteration.
CHAPTER-V
REGULATION OF SALE
19. Regulation of sale of animal feed or mineral mixture -No person shall
sell or expose for sale or deliver to any authorized agent or dispatch for the
purpose of sale any Animal feed or mineral mixture, which is not in
confirmative with the provisions of section 14.
20. Prohibition on manufacture, sale and distribution of approved animal
feed or mineral mixture - (1)No person shall manufacture, process or store
any approved Animal feed or mineral mixture for sale or sell or distribute,-
(i) If It contains any deleterious substance or toxins or anti-
nutritional factors or inert material in excess of the amounts
as may be stipulated by the committee constituted under
section 15 ;
(ii) If adulterated or misbranding is detected;
(iii) If in contravention or in violation of the provisions of the
Act or any rules made there under;
(iv) No advertisement shall be made of any feed, which is
misleading or deceiving or contravenes the provisions of this
Act and the rules made there under.
(2) No person shall engage himself in any unfair trade practice for
purpose of promoting the sale, supply, use and consumption of articles of feed
or adopt any unfair or deceptive practice including the practice of making any
statement, whether orally or in writing or by visible representation which –
(i) falsely represents that the feeds are of a particular
standard, quality, quantity or grade-composition;
(ii) makes a false or misleading representation concerning
the need for, or the usefulness;
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(iii) gives to the public any guarantee of the efficacy that is
not based on an adequate or scientific justification thereof:
21. Approved animal feed or mineral mixture deemed to be adulterated -
Every approved Animal feed or mineral mixture shall be deemed to be
adulterated within the meaning of this Act, if its composition, strength, quality
and purity fails to confirm to the standards prescribed under this Act.
22. Approved animal feed or mineral mixture deemed to be misbranded -
An approved Animal feed or mineral mixture shall be deemed to be misbranded
within the meaning of this Act;
(i) If the print on any container or the label or package of
any approved Animal feed or mineral mixture bears any
statement, device that is false, misleading, deceptive or
likely to create an erroneous impression, regarding its
composition, strength, quality, purity and safety;
(ii) If it is an imitation or substitution to resemble in such a
manner as is likely to deceive, another already approved/
licensed Animal feed or mineral mixture under the name by
which it is sold or offered or exposed for sale and is not
labeled plainly or such label is not affixed conspicuously so
as to indicate its true character;
(iii) If it is stated to be a product of a place or country of
which it is not truly a product;
(iv) If it is not printed or labeled in accordance with the
requirements under this Act.
23. Minimum standards to be maintained and Responsibilities of the Feed
business operator -(1) Where a minimum standard is fixed under section 14
for any approved Animal feed or mineral mixture, no authorized licensee can
manufacture or sell or distribute or advertise unless it is in compliance with
approved standards.
(2) Every feed business operator shall ensure that the ingredients of feed
satisfy the requirements of this Act and the rules made there under at all
stages of production, processing, import, distribution and sale within the
businesses under his control.
(3) No feed business operator shall himself or by any person on his behalf
manufacture, store, sell or distribute any ingredient of feed which is for the
time being prohibited by the Feed Authority or the Central Government or the
State Government in the interest of public health;
(4)) No feed business operator shall employ any person who is suffering
from infectious, contagious or loathsome disease.
(5) No feed business operator shall sell or offer for sale any article of feed
to any vendor unless he also gives a guarantee in writing in the form specified
by rules about the nature and quality of such article to the vendor:
Provided that a bill, cash memo, or invoice in respect of the sale of any
article of animal feed given by a feed business operator to the vendor shall be
deemed to be a guarantee under this section, even if a guarantee in the
specified form is not included in the bill, cash memo or invoice.
(6) Where any animal feed which is unsafe is part of a batch, lot or
consignment of animal feed of the same class or description, it shall be
presumed that all the feed in that batch, lot or consignment is also unsafe,
unless following a detailed assessment within a specified time, it is found that
there is no evidence that the rest of the batch, lot or consignment is unsafe:
Provided that any conformity of feed with specific provisions applicable to
that feed shall be without prejudice to the competent authorities taking
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appropriate measures to impose restrictions on that feed being placed on the
market or to require its withdrawal from the market for the reasons to be
recorded in writing where such authorities suspect that, despite the
conformity, the feed is unsafe.
24. Warranty and Feed recall procedure -No manufacturer or distributor or
agent or dealer of any approved Animal feed or mineral mixture shall sell
unless the guaranteed analysis is given on “as is” or “as fed” basis and shall be
guilty of an offence under this Act;
(i) If a feed business operator considers or has reasons to
believe that a feed which he has processed, manufactured or
distributed is not incompliance with this Act, or the rules
made there under, he shall immediately initiate procedures
to withdraw the feed in question from the market and
consumers indicating reasons for its withdrawal and inform
the competent authorities thereof.
(ii) A feed business operator shall immediately inform the
competent authorities and co-operate with them, if he
considers or has reasons to believe that a feed which he has
placed on the market may be unsafe for the consumers.
CHAPTER-VI
ANIMAL FEED SAMPLE ANALYTICAL LABORATORIES AND REPORTS
25. Animal feed analytical laboratories and referral laboratory -The
Government will notify approved animal feed analytical laboratories and
referral laboratory.
26. Analysis of samples -(1)Where an authorized officer has reason to doubt
the genuineness of any approved Animal feed or mineral mixture and is of
opinion that it requires analysis he shall , Excerpt shown. Open the full act in Lexace.
Lex