The Andhra Pradesh Aqua-culture Seed (Quality Control) Act, 2006.

THE ANDHRA PRADESH AQUACULTURE SEED (QUALITY CONTROL) ACT,
2006
Act No. 24 of 2006
ARRANGEMENT OF SECTIONS
SECTIONS
CHAPTER - I
1. Short title, extent and commencement
2. Definitions
CHAPTER - II
3. Constitution of State Level Aqua-culture Seed Committee
CHAPTER - III
4. Constitution of District Level Aquaculture Seed Committee
5. Other Committees
6. Proceedings of District Committee not to be invalid by reason of any vacancy
therein
7. Procedure for District Committee
8. Secretary and Other Officers
CHAPTER - IV
9. Establishment of Aquaculture Seed Laboratory
CHAPTER - V
10. Powers to notify kinds or varieties of Aquaculture seeds
11. Powers to specify size, purity and freedom from disease, infections of
Aquaculture seed
12. Regulation of sale of Aquaculture seeds of notified kinds or varieties
13. Powers of Aquaculture Seed Inspector
14. Grant of certificate by State Aqua-culture Seed Committee
15. Revocation of Certificate
16. Procedure to be followed by Aquaculture Seed Inspector
17. Report of Aqua-Culture Seed Analyst
18. Restriction on export and import of Aquaculture seed of notified kinds or
varieties
19. Recognition of Aquaculture seed certification agencies of foreign countries
CHAPTER - VI
20. Aquaculture Seed Analysts
21. Aquaculture Seed Inspectors
CHAPTER - VII
22. Penalty
23. Forfeiture of property
24. Offences by Companies
CHAPTER - VIII
25. Appeal
26. Protection of action taken in good faith
27. Persons acting under this Act to be Public Servants
28. Exemption
CHAPTER - IX
29. Power to make rules
THE ANDHRA PRADESH AQUACULTURE SEED (QUALITY CONTROL) ACT,
2006
Act No. 24 of 2006
[21st  April, 2006]
AN ACT TO PROVIDE FOR REGULATING THE QUALITY OF AQUA-
CULTURE SEED FOR SALE AND FOR MATTERS CONNECTED
THEREWITH OR INCIDENTAL THERE TO.
Be it enacted by Legislative Assembly of the State of Andhra Pradesh in
the Fifty seventh Year of the Republic of India as follows:-
CHAPTER - I
1. Short title, extent and commencement - (1) This Act may be called the
Andhra Pradesh Aqua-culture Seed (Quality Control) Act, 2006.
(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.
1[2. Definitions - In this Act, unless the context otherwise requires,-
(1) “Accreditation” means the procedure by which a competent authority gives
formal recognition that a Hatchery / Larval Rearing Center, having all the
facilities required for the production of quality Aquaculture Seed;
(2) “Act” means the Andhra Pradesh Aquaculture Seed (Quality Control) Act,
2006;
(3) “APSADA” means the Andhra Pradesh State Aquaculture Development
Authority;
(4) “Aquaculture Farm” means any place with water holding facility to do
Aquaculture;
(5) “Aquaculture Farmers” means the person / firm / company undertaking
aquaculture;
(6) “Aquaculture Seed Analysis” means procedures to verify whether the
Aquaculture Seed confirms to the Quality Standards prescribed under this Act
or not;
 (7) “Aquaculture Seed Analyst” means the designated by Controlling Authority
under this Act, for person carrying out the analysis of Aquaculture Seed in the
Aquaculture Seed Laboratory;
(8) “Aquaculture Seed Inspector” means Fisheries Development Officer or any
other Gazetted Officer of Department of Fisheries appointed as the Aquaculture
Seed Inspector under section 21;
 (9) “Aquaculture Seed Laboratory” means the Aquaculture Seed Laboratory
established/ notified under section 9;
(10) “Aquaculture Seed” means any stage of life cycle of any aquatic organism,
which is used for growing it to table size through aquaculture;
1. Section 2 substituted by the Act No.36 of 2020, s.2.
(11) “Aquaculture” means growing of aquatic organism in confined waters with
human intervention from smaller size to larger size;
(12) “Aquatic Organism” means an animal or plant of any species or hybrid
thereof, and includes gametes, seeds, egg, sperm, larvae, juvenile and adult
stages, any one of which is required to be in water (of any salinity) during that
stage of its life. It includes but not limited to cartilaginous and bony fishes,
freshwater and marine prawn and shrimp, crustaceans, molluscs,
echinoderms, amphibians tortoises, plankton, seaweeds, aquatic plants 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;
(13) “Aquatic Quarantine Facility (AQF)” means any place approved for
maintaining a group of live aquatic organisms in isolation with no direct or
indirect contact with other aquatic animals or aquatic environment, in order to
test them for the presence of pathogens, for a specified length of time period;
(14) “Bio security” means the integrated approach to analyze and manage
relevant risks of pathogens to aquatic organisms;
(15) “Brooder Multiplication Center (BMC)” means a place where specific
pathogen free aquatic organisms are reared from early stage of their life cycle to
sexually matured adult stage for using them as brooders for aquaculture seed
production;
(16) “Brood stock” means a group of sexually matured male and female aquatic
organisms maintained and used in hatcheries for the purpose of aquaculture
seed production;
(17) “Certification” means the procedure by which written assurance is given
that a product/process/service conforms to specific requirement;
(18) “Certified Seed” means the Aquaculture Seed certified by means of the
certification under this Act;
(19) “Committee” means the Aquaculture Seed Committee and other
Committees constituted under sections 3, 4 and 5;
 (20) “Company” means company as defined in the Companies Act, 2013
(Central Act No.18 of 2013);
(21) “Container” means a box, bottle, casket, tin, barrel, case, receptacle, sack,
wrapper or other thing in which any aquaculture seeds are packed;
(22) “Controlling Authority” means the officer who is responsible for the overall
enforcement of this Act in the entire State of Andhra Pradesh;
(23) “Court” means any Court not less than a Court of Judicial Magistrate of
First Class in the State of Andhra Pradesh;
(24) “Designated Committee” means the Committee in the presence of which
the Aquaculture Seed Inspector shall act under sub-section (4) of section 13;
(25) “Endorsement” means endorsement done under this Act to any license/
registration issued before commencement of this law under any other Act.
Once endorsement is done, it shall be deemed to be a fresh license issued
under this Act and will be governed by provisions of this Act and Rules made
there under;
(26) “Export” means taking Aquaculture seed from the State or Country to a
place outside State or Country;
(27) “Firm means a firm / partnership firm registered under the Indian
Partnership Act, 1932 (Central Act No 9 of 1932) ;
(28) “Fish Seed Farm” means a place with structures for rearing of early stages
of fish seed such as spawn or hatchlings to the stages of fry, fingerlings,
advanced fingerlings, sub adults;
(29) “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;
(30) “Fisherman” means a person who is involved in capture fishery activity by
occupation and also includes fishermen by birth;
 (31) “Government” means the State Government of Andhra Pradesh;
(32) “Hatchery” means a production unit, where brooders are maintained and
used for production of seed of any stage of life cycle of any aquatic organism by
following established methods for rearing them to advanced stage through
aquaculture;
(33) “Import” means bringing Aquaculture seed into the State or Country from
a place outside the State or Country;
(34) “Kind” means one or more related species or such species of aquatic
organisms each individually or collectively are known by one common name
such as Carps, Shrimp, Prawn, Crab, Lobsters, Sea weeds, Aquarium plants
etc;
(35) “Larval Rearing Center” means the unit in which nauplii or any other life
stage of any species is brought from a hatchery and reared in the unit up to a
later stage of its life cycle. These units will not have facilities for maintenance
and usage of brooders;
 (36) “License” means any license given under this Act in favour of any person
or company / firm for operating hatchery / Larval Rearing Center or any other
Unit;
(37) “Licensing Authority” means the officer who is empowered to grant licenses
to under this Act;
 (38) “Notification” means a notification published in the Andhra Pradesh
Gazette;
(39) “Notified kind or variety” means any kind or variety of aquatic organism
notified under this Act;
(40) “Nucleus Breeding Centre (NBC)” means a facility where Specific Pathogen
Free (SPF) aquatic organisms are raised over a number of generations in a
highly bio-secure environment, excluding a number of pathogens of concern
from the facility. A strict surveillance protocol is followed to ensure that the
pathogens are excluded. A highly bio-secure NBC is used for producing
multiple generations of the SPF stock;
(41) “Ornamental Seed” means the early life stages of aquatic organisms used
for the purpose of recreation;
(42) “Pathogen” means an infectious agent capable of causing disease;
(43) “Prescribed” means prescribed by rules made under this Act;
(44) “Specific Pathogen Free (SPF)” means aquatic organism that have been
produced and are tested and held under rigorous conditions of biosecurity that
provide assurances that they are free of certain specified pathogens. Once
animals leave an SPF facility, they are no longer considered to have an SPF
status;
(45) “Standard Aquaculture Seed” means any Aquaculture Seed complying
standards prescribed under this Act or rules made thereunder;
(46) “Standard Operating Procedures (SOPs)” means a set of instructions
having the force of a directive, covering those features of operations that lend
themselves to a definite or standardized procedure without loss of effectiveness;
(47) “Sub-standard Aquaculture Seed” means any Aquaculture Seed not in
compliance with the standards prescribed under the Act and Rules made
thereunder;
(48) “Variety” means a sub-division of a kind identifiable by morphology,
growth, yield, seed or other characteristics;”]
CHAPTER - II
1[3. Constitution of State Level Aqua-culture Seed Committee – . (1) The
Government may constitute a committee called the State Level Aquaculture
Seed Committee consisting of the following  members :-
(i) Special Chief Secretary, AHDD & F Department shall be the Ex-officio
Chairman;
(ii) Commissioner of Fisheries, who shall be the Member Secretary;
(iii) Technical Director, Coastal Aquaculture Authority (CAA), Chennai shall
be one of the member;
(iv) Dean, Faculty of Fishery Science, Sri Venkateswara Veterinary
University, Tirupati shall be the one of the Member;
(v) One representative from MPEDA not below the rank of Joint Director
shall be one of the member;
(vi) One representative from Rajiv Gandhi Centre for Aquaculture(RGCA)
shall be one of the member;
(vii) One representative from Andhra Pradesh Pollution Control Board
(APPCB) shall be one of the member;
(viii) One member each from Central Institute of Brackish Water
Aquaculture(CIBA),Chennai, Central Institute of Fresh Water
Aquaculture(CIFA), Bhubaneswar, Drug Controlling Authority (DCA);
1. Section 3 substituted by the Act No.36 of 2020, s.3
(ix) Two representatives from Shrimp Farmers and nominated by the
Government-Members;
(x) Two representatives from Fish Farmers and nominated by the
Government-Members;
(xi) Two representatives from Hatcheries / Larval Rearing Centers out of
which one shall be a finfish hatchery operator and nominated by the
Government-Members;
(xii) One representative from Brooder Multiplications Centers and
nominated by the Government-Member.
(2) Powers, functions, roles, responsibilities, terms and conditions of the
nominated members, quorum and all such other matters as may be
prescribed.]
1[3 A. Controlling Authority–. The Commissioner of Fisheries or any officer
empowered by him shall be the Aquaculture Seed Controlling Authority under
this Act (herein after referred to as “Controlling Authority”). The powers and
functions of the Controlling Authority shall be as may be prescribed.]
CHAPTER - III
2[4. Constitution of District Level Aqua-culture Seed Committee and its
powers & functions -
(1) The Government may, by notification constitute Aquaculture Seed
Committee at district level, to advise the State Aqua culture Seed Committee on
all matters relating to registration and certification of hatcheries of fish /
shrimp / scampi hatcheries and to enforce the provisions of the Act and the
rules made there under.
(2) To implement provisions of this Act at district level a committee namely “the
District Level Aquaculture Seed Committee (hereinafter referred to as “the
District Level Committee”) shall be constituted with the following members:-
(i) Collector, who shall be the Chairman;
(ii) Joint Collector (Rythu Bharosa)- Member;
(iii) District Fisheries Officer, who shall be the Member Secretary;
 (iv) Executive Engineer, APPCB- Member;
(v) Deputy Director / Assistant Director, MPEDA- Member;
(vi) One progressive shrimp farmer, nominated by the Collector;
(vii) One progressive fish farmer, nominated by the Collector;
(viii) Two progressive Hatchery / Larval Rearing Centre Operator out of
which one shall be a finfish hatchery operator, nominated by the Collector;
(3) The District Level Committee shall have other powers and functions as may
be prescribed.”]
1. Section 3A inserted by the Act No.36 of 2020, s.42. Section 4 substituted by the Act No.36 of 2020, s.4.
5. Other Committees - The District Committee may appoint as many
committees as it deems fit consisting wholly of the members of the District
Committee or wholly of other persons or partly of members of the District
Committee and partly of other persons as it thinks fit to exercise such powers
and perform such duties as may be delegated to them, subject to such
conditions as the District Committee may think fit.
1[6. Not to be invalid by reason of any vacancy- No proceedings of any
Committee under this Act shall become invalid merely by reason of the
existence of any vacancy therein or any defect in the constitution thereof.]
2 [7. Procedure for Committee - The procedure and functions of the
Committees shall be as may be prescribed.]
3[8. License / Endorsement– (1)License / endorsement under this Act shall
be obtained from Andhra Pradesh State Aquaculture Development Authority
(APSADA) as per the process prescribed under this section.
(2) Every Hatchery, Larval Rearing Centre (LRC), Brooder Multiplications
Centers, Fish Seed Farms or any other unit connected with aquaculture seed
production shall possesses License under this Act.
(3) With the approval of the State Level Committee, the Controlling Authority
may issue executive orders to bring any unit which rear Aquaculture Seed to
an advanced stage, such as juvenile, fry, fingerling etc, under the purview of
this Act and Rules.
(4) Licensing Authority: The Collector of the District shall act as the Licensing
Authority under this Act.
(5)Process of Issuance of License/Endorsement –
(i) Licenses/Registrations already issued to the Aquaculture Seed
Hatcheries, Larval Rearing Centres, Brooder Multiplications Centers or
any other unit connected with aquaculture seed production by any
Department /Organization under any other Act shall be valid and it is not
necessary to apply for license afresh. However, these old licenses /
registrations are to be endorsed by the Licensing Authority of this Act in
order to consider them to be issued under this Act.
(ii) The existing licenses endorsed under clause (i) shall be considered as
Licenses issued under this Act and hence shall be governed by the
provisions of this Act.
(iii) The applications received, under clause (i) for endorsement of existing
licenses/ registration, the process of endorsement shall be completed by
the Licensing Authority within fifteen (15) days, by following the
prescribed procedure.
(iv) If acceptance or rejection of the application made under clause (i) is
not communicated within the stipulated time of fifteen (15) days, the
license shall be deemed to be endorsed.
(v) Any person/ persons who wish to start a new Hatchery, Larval Rearing
Centre, Brooder Multiplications Centers, Fish Seed Farms or any other
unit connected with aquaculture seed production; any Company
1. Section 6 along with marginal heading substituted by the Act No. 36 of 2020,s.6.2 Section 7 along with marginal heading substituted by the Act No. 36 of 2020,s.7.3. Section 8 along with marginal heading substituted by the Act No. 36 of 2020, s.8.
registered under Companies Act, 2013(Central Act No.18 of 2013)  which
desires to start new Hatchery, Larval Rearing Centre, Brooder
Multiplications Centers, Fish Seed Farms or any other unit connected with
aquaculture seed production shall apply for the license along with the
prescribed license fee to the Licensing Authority in the manner prescribed
under Rules.
(vi) If any application under clause (v) is submitted, the Licensing
Authority:-
(a) If satisfied that the applicant has fulfilled all the terms and
conditions prescribed for carrying out operations of Hatchery , Larval
Rearing Centre, Brooder Multiplications Centers, Fish Seed Farms or
any other unit connected with aquaculture seed production, the
Licensing Authority shall issue the license within fifteen (15) days from
the date of application; or
 If the Licensing Authority is of the opinion that the applicant has
not fulfilled most of the prescribed terms and conditions, the applicant
shall be informed of the same and be given an opportunity to furnish
documents before rejecting the application within fifteen (15) days
from the date of receipt of notice for additional documents, issued by
licensing authority.
(b) If acceptance or rejection of application made under clause (v) is
not issued within the stipulated time of fifteen (15) days, the license
shall be deemed to be issued.
(vii) If any person/firm, operating Hatchery, Larval Rearing Centre,
Brooder Multiplications Centers, Fish Seed Farms or any other unit
connected with aquaculture seed production 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 issuance of Gazette notification of this Act.
(viii) If application is not submitted for license within the time limit as
prescribed under clause (vii), the Licensing Authority can order for
stopping all Hatchery, Larval Rearing Centre, Brooder Multiplications
Centers, Fish Seed Farms or any other unit Operations being undertaken
by the person/company/ firm.
(ix) If any application under clause (vii) is submitted, the Licensing
Authority:-
(a) If satisfied that the applicant has fulfilled all the terms and
conditions of application for carrying out the Hatchery , Larval Rearing
Centre, Brooder Multiplications Centers, Fish Seed Farms or any other
unit Operations, the Licensing Authority shall issue the license within
fifteen (15) days from the date of application; or
If the Licensing Authority is of the opinion that the applicant has not
fulfilled most 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 notice for additional documents, issued by
licensing authority;
(b) Till the time of receiving acceptance or rejection of application made
under clause (vii), the applicant may continue to operate Hatchery,
Larval Rearing Centre, Brooder Multiplications Centers, Fish Seed
Farms or any other unit connected with aquaculture seed production;
(c) If acceptance or rejection of application made under clause (vii) is
not issued within the stipulated time of fifteen(15) days, the license
shall be deemed to be issued.
(x) The licensing authority shall make sure all the applications for
issuance of license / endorsement of existing license are in full shape
to minimize the rate of rejection. The licensing authority shall facilitate
the application process and shall render all possible support and
assistance to the applicants.
(6) License / Endorsement Fee: License Fee will be fixed by rules.
(7) Duration of License /Endorsement: Licenses issued /endorsed under this
Act shall be valid for lifetime and no renewal is required.
(8) Suspension / Cancellation of License:
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 is liable under this Act and rules made
hereunder:
The license is liable to be cancelled 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 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 is liable under this Act and rules
made hereunder.”.]
.
CHAPTER - IV
1[9. Establishment of Aquaculture Seed Laboratory – (1) The Government
may notify one or more Referral Aquaculture Seed Laboratories and one or
more Regional Aquaculture Seed Laboratories as may be prescribed;
(2) The Controlling Authority may empanel private Aquaculture Seed
Laboratories in different areas as per the requirement by issuance of executive
orders.
(3) The Controlling Authority may authorize laboratories run by third party
agencies to carryout seed analysis by means of executive orders under this
Act.]
CHAPTER - V
1. Section 9 substituted by the Act No.36 of 2020, s.9.
1[10. Power to regulate wild seed and Ornamental seed.- (1) The Controlling
Authority shall have the powers to regulate and control the collection and sale
of wild seed as prescribed.
(2) The Controlling Authority shall have the powers to regulate the quality of
ornamental seed as prescribed.]
2[11. Standards of Aquaculture Seed.- (1)Standards for Aquaculture Seed/
brooders to be maintained by Aquaculture Seed Hatcheries, Larval Rearing
Centers, Brooder Multiplications Centers, Fish Seed Farm or any other unit
connected with aquaculture seed production for any aquaculture seed/
brooder to be sold in the State shall be prescribed by rules.
(2) The standards prescribed under this section shall be applicable to :-
(i) the Aquaculture seed produced in the State and sold within the State;
(ii) Aquaculture seed produced in other States and brought into the State
for distribution / sales;
(iii) Aquaculture seed produced in other countries and imported into the
State for distribution and sales in the State.]
3[12. Regulation of sale of Aqua-culture seeds and brooders– (1) After
enactment of this Act, all the aquaculture seed / brooders intended / offered to
be sold in the State shall comply with the quality prescribed under section 11
of this Act.
(2) With the approval of the State Level Seed Committee, the Controlling
Authority shall have the powers to issue instructions to all licensees to follow
any method / procedure for ensuring the traceability of the brooders / seed.]
4[13. Powers, role and responsibilities of the Aquaculture Seed Inspector -
(1) The Aqua-culture Seed Inspector may,-
 (i) enter and search the premises of any Hatchery, Larval Rearing Centre,
Brooder Multiplications Centers, Fish Seed Farms Center or any other unit
connected to the aquaculture seed production 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 Aquaculture Seed/ brooder in respect of which the
offence has been or is being committed, not to dispose of any stock of
Aquaculture Seed / brooder 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 Aquaculture Seed/brooder, restrict the stock of such
Aquaculture Seed/ brooder from being sold;
(ii) take samples of Aquaculture Seed/brooder,-
(a) from Hatchery , Larval Rearing Centre, Brooder Multiplications
Centers, Fish Seed Farms or any other unit connected to the aquaculture
seed production, selling or offering to sell such Aquaculture Seed
/brooder; or
1. Section 10 along with marginal heading substituted by the Act No.36 of 2020, s.10.2. Section 11 along with marginal heading substituted by the Act No.36 of 2020, s.11.3. Section 12 along with marginal heading substituted by the Act No.36 of 2020, s.12.4. Section 13 along with marginal heading substituted by the Act No.36 of 2020, s.13
(b) from any person who is in the course of conveying or delivering or
preparing to deliver such Aquaculture Seed / brooder to a purchaser or a
consignee; or
(c) upon receipt of complaint, from any consignee or purchaser after
delivery of such Aquaculture Seed / brooder to him/him/her by following
procedure prescribed.
(iii) send such sample for analysis to the Aquaculture Seed Analysis
Laboratory;
(iv)  in case of L. vannamei or any other speices, examine and count the
number of brooders in a hatchery and verify whether the count of brooders is
tallying with the imported brood stock or not;
(v) examine any record, register document or any other material object found in
any place mentioned in sub- 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
(vi) exercise such other powers as may be necessary for carrying out the
purposes of this Act or any Rule made there under.
(2) Where any sample of any Aquaculture Seed/ brooder is taken under sub-
clauses (a) and (b) of clause (ii) of subsection (1), its cost, calculated at the rate
at which such Aquaculture Seed is usually sold 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 Aquaculture Seed/ brooder may be contained
or to collect the Aquaculture Seed/brooder from Hatchery, Larval Rearing
Centre (LRC), Brooder Multiplications Centers, Fish Seed Farms or any other
unit connected to the aquaculture seed production where any such
Aquaculture Seed/brooder may be kept for sale and distribution:
Provided that, the power to collect the Aquaculture Seed from Hatchery,
Larval Rearing Centre, Brooder Multiplication Center, Fish Seed Farms or any
other unit connected to the aquaculture seed production 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 Aquaculture Seed sample on
being called upon to do so.
(4) Where the Aquaculture Seed 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.
(5) The provisions of the Code of Criminal Procedure, 1973 shall, as the case
may be, apply to any search or seizure under this section as they apply to any
search or seizure made under the authority of a warrant issued under section
94 of the said Code.
(6) To ensure transparency in the functioning of the Aquaculture Inspector,
there shall be a mechanism for inspection of the Aquaculture Inspectors as
prescribed.
(7) The Controlling Authority may outsource sample collection task to any
Technical Agency. APSADA shall issue identity cards to sample collectors
employed by such agency and their details shall be entered on web-portal.
Such sample collectors shall be allotted sample collection tasks under
randomization by computer software. These sample collectors shall carryout
the sample collection work, allotted to them, on behalf of APSADA. The
concerned outsourced agency or the sample collector employed by it shall not
be having any powers of Aquaculture Inspector or APSADA, their job shall be
limited to sample collection alone.]
1[13 A. Responsibility of Licensee–
(1) In case of L. vannamei or any other prescribed species, the licensee shall
enter the details of imported brood-stock on the web-portal maintained by the
Department of Fisheries/APSADA. The licensee shall also enter the details of
discarded/ dead brood-stock on daily basis. At any given point of time, brood-
stock available in the Hatchery shall tally with the records on web portal. Any
deviation in this regard shall be treated as an offense under this Act and shall
be punishable as prescribed.
(2) With the approval of the State Level Seed Committee, the Controlling
Authority shall have the powers to specify additional methods or procedures for
tracing the brooders, the license shall follow such approved methods
/procedures in addition to the procedure described under sub-section (1).
 (3) Whenever Aquaculture Seed Inspector enters into premises of a licensee,-
(i) The Licensee or every person found therein shall provide the Aquaculture
Seed Inspector best possible assistance in his/her power/capacity to enable
the Aquaculture Seed 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.
(ii) No person shall obstruct or deceive or mislead Aquaculture Seed
inspector in carrying out his/her duties or functions under this Act.
(iii) If any offense is committed under clause (ii), the Aquaculture Seed
Inspector shall take the assistance of one or two witnesses and shall
discharge his/her duties.
(iv) In case if same offence is repeated by the Llicensee or occupier or any
person found in the premises, the Aquaculture Seed Inspector shall lodge a
complaint in the nearest police station,
(v) Offence committed under clauses (ii) and (iv) shall be punishable under
the Code of Criminal Procedure, 1973 and/or any other appropriate law.
(4) Whenever any Sample Collector authorized by APSADA enters into the
premises of the licensee for sample collection, the licensee shall provide the
sample after verifying the identity of such sample collector. In case if any doubt
arises about the authenticity of such sample collector, the licensee shall cross
check with the concerned Aquaculture Inspector or any other officer of
APSADA.]
2[14. Accreditation and Certification–
(1) The Licensing Authority shall have the power for granting accreditation and
certification.
1. New section 13 A inserted by the Act No.36 of 2020, s.14.2. Section 14 along with marginal heading substituted by the Act No.36 of 2020, s.15
(2) Hatcheries /Larval Rearing Centers shall obtain accreditation & certification
as per the prescribed procedure.
(3) With the approval of the State Level Seed Committee, the Controlling
Authority shall be empowered to make Accreditation and Certification
compulsory for any other unit, which is not covered under sub-section(2), by
issuing executive orders.
(4) The Controlling Authority shall be empowered to outsource the job of
sample collection, analysis or any other work connected with the accreditation
and certification to empanelled Third Party Agency. Such empanelled third
party agency shall regularly inspect facilities of such accredited units as
prescribed.
(5) Procedure of according accreditation & certification, fee payable, documents
to be produced by the applicant, duration of accreditation & certification and
other terms and conditions shall be as prescribed.]
1 [15. Revocation of accreditation and Certification - Conditions under
which the accreditation and certification is liable to be suspended / cancelled
shall be as may be prescribed.]
2[16. Collection and forwarding of Sample–
(1) To prevent any sort of bias, the sample collection process shall be
randomized. The randomization of Aquaculture Inspector / Sample Collector
and Licensee from whom sample is to be collected shall be done by system
generated randomization. The detailed procedure of randomization shall be as
may be prescribed.
(2) In case if there are more than one empanelled laboratory in the area, the
laboratory for analysis of the sample shall be chosen by system generated
randomization process.
(3) The Aquaculture Seed Inspector is empowered to take any sample of any
brooder, feed, live feed, chemicals, medicines, aquaculture seed, water, fecal
matter of brooders or any other material from a licensee for the purpose of
analysis.
(4) Whenever the Aquaculture Seed Inspector intends to take sample from
licensee, he/she shall give notice as may be prescribed.
(5) While taking live samples, Aquaculture Seed Inspector shall take three
representative samples of required quantity, shall preserve, mark, seal or
fasten up each sample as may be prescribed.
(6) When live samples are taken the Aquaculture Seed Inspector shall,-
(i) deliver one sample (1st representative sample) to the licensee from
whom it has been taken under proper acknowledgement;
(ii) send one of the sample (2nd representative sample) to the Regional
Aquaculture Seed Analysis Laboratory, for analysis.
1. Section 15 along with marginal heading substituted by the Act No.36 of 2020, s.162 Section 16 along with marginal heading substituted by the Act No.36 of 2020, s.17
(iii) send another sample (3rd representative sample), for analysis to the
empanelled Aquaculture Seed Analysis Laboratory for the locality from
which such sample has been collected; and
(iv) If the licensee from whom the sample/s taken refuses to accept one of
the samples, the Aquaculture Seed Inspector shall send such refused
portion also to the Regional Aquaculture Seed Analysis Laboratory with an
intimation of such refusal and thereupon the Analyst at Regional
Aquaculture Seed Analysis Laboratory shall preserve the refused sample
and shall deliver it to the Aquaculture Seed Inspector in case legal
proceedings.
(v) Additional procedures in case of brooder samples collected from
Brooder Multiplications Centers or any other unit connected with
aquaculture seed production shall be as may be prescribed.
(vi) The Aquaculture Inspector / Sample Collector shall obtain signatures
of the licensee and one witness on a tag and attach the same to the
sample in manner as may be prescribed.
(7) While taking dead samples, such as feed/ chemicals/ medicines or any
other non-living material, the Aquaculture Seed Inspector shall take four
representative samples of required quantity, shall preserve, mark, seal or
fasten up each sample as may be prescribed. When samples are taken the
Aquaculture Seed Inspector shall,-
(i) deliver one sample (1st representative sample) to the licensee from
whom it has been taken under proper acknowledgement;
(ii) send another sample (2nd representative sample), for analysis to the
Regional Aquaculture Seed Analysis Laboratory for the area within which
such sample has been collected; and
(iii) send one of the sample (3rd representative sample) to the Referral
Laboratory, for analysis as and when required. This sample is to be
preserved at Referral Aquaculture Seed Laboratory by following standard
procedure for a minimum period of thirty (30) days for analysis.
(iv) the Aquaculture Seed Inspector shall retain one portion of the sample
(4th representative sample) with him/her to use it as and when required.
(v) If the licensee from whom the sample/s taken refuses to accept one of
the samples, the Aquaculture Seed Inspector shall send such refused
portion also to the Regional Laboratory with an intimation of such refusal
and thereupon the Analyst at Regional Laboratory shall preserve the
refused sample and shall deliver it to the Aquaculture Seed Inspector in
case of legal proceedings.
(vi) The Aquaculture Inspector / Sample Collector shall obtain signatures
of the licensee and one witness on a tag and attach the same to the
sample and sealed in the manner as may be prescribed.]
1[17. Sample analysis and reporting of results.- (1) The Aquaculture Seed
Analyst at Aquaculture Seed Laboratory, after the receipt of the sample,
analyse it and deliver the report of analysis, in duplicate, to the Aquaculture
Seed Inspector within seven (7) days from the date of receipt of sample.
1. Section 17 along with marginal heading substituted by the Act No.36 of 2020, s.18
(2) Aquaculture Seed Inspector shall serve a copy of the report to the person
from whom the sample has been taken under proper acknowledgement.
(3) In case if it is established that the seed /brooder does not comply with the
quality standards which can be analyzed only in live condition, the results of
the Regional Aquaculture Seed Laboratory shall be final and hence the
prescribed penal action shall be initiated against the defaulted licensee.
(4) However, in case if it is possible to analyse the preserved sample for the
non-complied quality standards, licensee shall have an option to avail to get
the preserved sample in Referral Aquaculture Seed Laboratory by duly
following prescribed procedure.
(5) The Analyst at Referral Aquaculture Seed Analysis Laboratory shall analyse
such preserved sample and send the analysis report to the Licensee under copy
to Licensing Authority and Aquaculture Seed Inspector in the prescribed form
within seven (7) days from the date of receipt of the request.
(6) The report sent by the Referral Aquaculture Seed Analysis Laboratory shall
be final and supersede the report given by the Regional Aquaculture Seed
Laboratory.
(7) Where the report sent by the Referral Aquaculture Seed Analysis Laboratory
is produced in any Court proceedings, it shall not be necessary in such
proceedings to produce any sample or part thereof taken for analysis.
(8) Online procedure by which the laboratory reporting is handled shall be as
may be prescribed.
(9) The results of empanelled laboratory shall match with the results of
Regional Laboratory with minor variations (<5%), but gross variation (>5%)
shall not be there. If gross variations are observed in the results of any
empanelled laboratory in comparison with regional laboratory for more than
once in 10 samples, calibration of instruments shall be carried out by the
owner of such laboratory. If gross variations are continued to be observed even
after calibration, it shall be considered as violation. Penalty shall be imposed
on such empanelled laboratory for first two violations after calibration and its
empanelment shall be suspended in case of third violation and as prescribed
under rules.]
1[17 A.  Additional mechanism for quality assurance- Apart from the regular
sample collection and analysis by the Department of Fisheries /APSADA, an
additional option of quality assurance shall be available to the Aquaculture
Farmers at the time of actual seed packing in the Hatchery / Larval Rearing
Center, in which-
(1) the Licensee shall allow the Aquaculture Farmer / buyer to pickup one
sample Aquaculture Seed being packed for him/her in the hatchery / Larval
Rearing Center.
(2) The picked up seed sample shall be preserved in ethanol in front of the
Aquaculture Farmer / buyer and shall be divided into three portions and shall
be packed, sealed and marked with code number and seal of the licensee as
may be prescribed.
(3) Out of these three portions, one portion is to be retained by the licensee and
two portions shall be handed over to the Aquaculture Farmer / buyer.
1. New section 17A inserted by the Act No.36 of 2020, s.19.
(4) If the Aquaculture Farmer / buyer wishes to get the preserved sample
analysed for the presence of certain pathogens like WSSV, EHP, MBV, IHHNV,
HPV etc., he/she may get one of the sample analysed at Regional Aquaculture
Seed Laboratory by submitting the sample, invoice and by paying prescribed
fees.
(5) In case of which, the analyst at Regional Aquaculture Seed Laboratory shall
follow the prescribed procedure for handling and analysis of such preserved
sample submitted by Aquaculture Farmer / Buyer.
(6) Upon analysis, if the seed sample is found to be negative for the presence of
certain pathogens, Aquaculture Farmer/ Buyer will be informed through SMS
and no further action shall be there in this regard.
(7) In case if the sample is found to be positive for the presence of any of the
tested pathogen, both the Licensee and the Aquaculture Farmer/Buyer shall be
informed through SMS. The Licensee needs to refund the entire amount paid
by the Aquaculture Farmer/Buyer for the seed and shall also bear the cost of
analysis. This shall be considered as an offense under this Act and penalty for
this violation shall be as may be prescribed.]
1[18. Ban on sale of uncertified aquaculture seed in the State– (1)After the
enforcement of this Act, there shall be a ban on sale / supply of uncertified
seed in the State. No hatchery / LRC located within the State or outside the
State shall sell/ supply uncertified seed to Aquaculture Farmers in the State.
(2) Provisions of sub-section (1) shall be applicable to the prescribed species
only. With the approval of State Level Committee, the Controlling Authority,
shall be empowered to bring any other species under purview of sub-section (1)
by issuing executive orders at a later stage.
(3) Hatcheries / LRC located outside the State shall also obtain accreditation,
certification from the Andhra Pradesh State Fisheries Department / APSADA to
be eligible to sell their seed within the State if Hatcheries / LRC located outside
the state has already got accreditation & certification from the agencies other
than Andhra Pradesh State Fisheries Department / APSADA, they need not to
obtain fresh accreditation & certification. However they need to get their
accreditation & certification endorsed by Andhra Pradesh State Fisheries
Department /APSADA to be eligible to sell their seed in Andhra Pradesh.
Endorsement issued under this Act shall be treated as accreditation &
certification done under this Act. The list of such endorsed units shall be kept
on the web portal. The aquaculture farmers of the State shall purchase seed
from such units whose accreditation & certification is endorsed by the Andhra
Pradesh State Fisheries Department/ APSADA.”.]
2[19. Empanelment of Third Party Technical Agencies – (1) Third Party
Technical Agencies shall be empanelled for providing assistance in
implementation of this Act by the Department of Fisheries / APSADA.
(2) Services like sample collection, sample analysis, inspections, reporting
accreditation & certification process, evaluation and any other services as
required shall be rendered by the empanelled Third Party Technical Agencies.
(3) The procedure of empanelment of Third Party Technical Agencies shall be as
may be prescribed.
1. Section 18 along with marginal heading substituted by the Act No.36 of 2020, s.20.2. Section 19 along with marginal heading substituted by the Act No.36 of 2020, s.21.
(4) Role, responsibility, duties and other aspects of such empanelled Third
Party Technical Agencies shall be as may be prescribed.]
CHAPTER - VI
20. Aquaculture Seed Analysts - The Government may, by notification
appoint such persons as it thinks fit, having the prescribed qualifications, to be
Aqua Culture Seed Analysts and define the areas within which they shall
exercise jurisdiction.
1[21. Aquaculture Seed Inspector – Fisheries Development Officer or any
other Gazetted Officer of Fisheries Department who is designated by the
Controlling Authority shall be the Aquaculture Seed Inspector.]
CHAPTER - VII
2[22.Offenses & Penalties -(1)Offenses under this Act are-
(i) operating Hatchery / Larval Rearing Center / Brooder Multiplications
Centers, Fish Seed Farms or any other unit connected with aquaculture
seed production without license;
(ii) the License/ endorsement was obtained by concealment or
misrepresentation as to an essential fact/s;
(iii) preventing the Aquaculture Seed Inspector from exercising his/her
powers delegated under this Act and Rules made there under;
(iv) not providing Aquaculture Seed / brooder samples of required quantity
or records when Aquaculture Seed Inspector asks for;
(v) physical attack on Aquaculture Seed Inspector or any other staff while
performing his/her duty un

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