The SIKKIM AGRICULTURE,HOTRICULTURE INPUT AND LIVE STOCK FEED REGULATORY ACT,2014

••
SIKKIM
GOVERNMENT GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Gangtok Monday 12th January, 2015 No.4
GOVERNMENT OF SIKKIM
LAW DEPARTMENT
GANGTOK
No.10/LD/P/15 Dated: 7.01.2015
NOTIFICATION
The following Act passed by the Sikkim Legislative Assembly and having received assent
of the Governor on 28th day of November, 2014 is hereby published for general information:-
THE SIKKIM AGRICULTRAL, HORTICULTURAL INPUT AND LIVESTOCK
FEED REGULATORY ACT, 2014
(ACT No. 10 OF 2014)
AN
ACT
to regulate the import, sale, distribution and use of inorganic Agricultural, Horticultural Inputs
and Livestock Feed to prevent risk to human beings or animals and environment and to make the
State of Sikkim an Organic State and for matters connected therewith.
Be it enacted by the Legislature of Sikkim in the Sixty-fifth Years of the Republic of India as
follows:-
Short title, extent and
commencement.
1. (1) This Act may be called the Sikkim Agricultural, Horticultural
input and Livestock Feed Regulatory Act, 2014.
(2) It extends to the whole of Sikkim.
(3) It shall come into force on such date as the State Government
may, by notification in the Official Gazette appoint.
Definitions. 2. In this Act unless the context otherwise requires-
(a) "animals" means animals useful to human beings and also
includes fish and fowl and such kinds of wildlife as the State
or Central Government may by notification in the Official
Gazette specify being kinds which in its opinion it is desirable
to protect or preserve;

'(b )"farm unit" means an agricultural farm. area or production unit
managed organically by a farmer or a group of farmers;
(c) "State Government" means the Government of Sikkim through
the Department of Food Security and Agriculture Development
and Horticulture and Cash Crops Development;
(d) "green manure" means manure conslstinqof fresh green plant
matter which is ploughed in or turned into the soil for the
purposes of soil improvement;
(e) "habitat" means the area in which a plant or animal species
naturally exists;
(f) "inputs" means those items which are categorised as "inputs
prohibited", "inputs permitted" and "inputs restricted" as specified
in Schedule I.
(g) "inputs permitted" means those items which can be used in
organic farming and are specified in Schedule I;
(h) "inputs prohibited" means those items the use of which is
prohibited in organic farming and are those which are not
permitted or restricted as specified in Schedule I;
(i) "inputs restricted" means those items that are allowed in organic
farming in a restricted manner as per the guidelines of National
Programme for Organic Production;
U) "inspection" means inspection by an Organic Regulatory
lnsoectors at any place within the territory of Sikkim to verify the
use of inputs and feed as set out in the Act.
(k) "livestock" means any domestic or domesticated animal including
Bovine (Buffalo and Bison), Porcine, Caprine, Equine, Poultry
and Bees raised for food or in the production of food but does
not include the products obtained by fishing;
(I) "marketing" means holding for sale or displaying for sale, offering
for sale, selling, delivering or placing in the market or in any
other form;
(m)"NPOP" means National Programme for Organic Production;
{n) "Organic Regulatory Inspectors" means and include such
officials as may be appointed/designated by the State
Government;
(0) "Organic" means a particular farming system without artificial
chemicals such as fertilizers, pesticides etc as described in the
Act;
(p) "Organic Agriculture" is a system of farm design and
management to create an ecosystem which can achieve
sustainable productivity without the use of artificial external inputs
SU~:I as chemical, fertilizers and pesticides;
(q) "Organic Feed or Feed Materials" mean feeding stuff/feed
materials which have been made from organic materials and
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Prohibition of Import
of Inorganic
Agricultural,
Horticultural Inputs
and Livestock Feed.
Prohibition of sale
etc. of Inorganic
Agrlcu/tural,Horticu/tural
Inputs and Livestock
Feed.
Prohibition of use in
cultivation of crop of
inorganIc
Agricultural and
Horticultural Inputs.
produced as per the standards laid down in the National
Programme for Organic Production regulations;
(r) "Organic seeds" and planting material mean seed and planting
material produced under certified Organic System;
(s) "Organic Mission" means the State Organic Mission set up by
the State Government;
(t) "prescribed" means prescribed by rules under this Act;
(u) "Rules" means the rules framed under the Sikkim Agricultural,
Horticultural Input and Livestock Feed Regulatory Act, 2014;
3. No person shall himself or by any person on his behalf import into
Sikkim,-
(a) any inorganic Agricultural, Horticultural Inputs and Livestock Feed
for sale or distribution or use of which is for the time being
prohibited and restricted under clause (h) and (i) of Section 2;
(b) any inorganic Agricultural, Horticultural Inputs and Livestock Feed
in contravention of any other provision of this Act or of rules
made there under.
4. No person shall himself or by any person on his behalf sell, stock or
exhibit for sale, distribute, transport, use or caused to be used :-
(a) any inorganic Agricultural, Horticultural Inputs and Livestock Feed
which isfor the time being prohibited and restricted under clause
(h) and (i) of Section 2;
(b) any inorganic Agricultural, Horticultural Inputs and Livestock Feed
in contravention of any other provision of this Act or of any rule
made there under.
5. No person shall himself or by any person on his behalf put \0 use for
cultivation or stock :-
(a) any inorganic Agricultural, Horticultural Inputs which is for the
time being prohibited and restricted under clause (h) and (i) of
Section 2;
(b) any inorganic Agricultural, Horticultural Inputs in contravention
of anyotherprovision of this Act or of any rule made there under.
Explanation:- For the purpose of this section, organic seed and
plant materials shall be used for cultivation but when certified
organic seed and plant materials are not available, chemically
untreated conventional materials shall be used with the
permission of State Government as per the provision contained
in Section 8 of the Ad. The use of genetically engineered seeds,
pollen, trans-gene plants or plant material is prohibited for
cultivation.
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Prohibition of use in 6.
poultry farming and
cattle farming of in
organic livestock
feed.
Protection of
Habitat.
No person shall himself or by any person on his behalf put to use in
poultry farming and cattle farming or stock-
.(a) Any livestock feed which is for the time being prohibited and
restricted under clause (h) and (i) of Section 2.
(b) Any inorganic livestock feed incontravention ofany other provision
of this Act as' or of any rule made there under.
< Explanation: Forthe purpose ofthis section livestock feed containing
Atrazine, Arsenic based compounds and all forms of Animal Protein
including chicken litter are prohibited for use in Poultry and Cattle
Farming.
Explanation: For the purpose of this section, the following products
shall not be included nor added to the feed given to farm animals:
(i) synthetic growth stimulants;
(ii) synthetic appetizers;
(iii) artificial colouring agents;
(iv) farm animals by products;
(v) pure amino acids;
(vi) genetically engineered organisms or products thereof;
7. No person shall himself or by any person on his behalf put to use or
stock in Sikkim:-
(a) Any inorganic Agricultural, Horticultural Inputs, Livestock feed
which is for the time being prohibited and restricted for the
protection and preservation of any area defined as a habitat.
(b) any inorganicAgricultural, Horticultural Inputs, Livestock Feed in
.contravention of any other provision of this Act or of any rule
made there under.
of Restricted Inputs.
Import, Sale and use 8. (1) Any person desiring to import or to sell, stock, exhibit for sale or
distribute or use in the cultivation of crop, any restricted agricultural
and horticultural inputs may make an application to the State Government
for the grant of permission to.import or to sell, stock, exhibit for sale or
distribute or use in the cultivation of crop any restricted agricultural
inputs.
(2) Any person desiring to import or to sell, stock, exhibit for sale or
distribute or use in Cattle Farming or Poultry Farming any restricted
-items of Livestock Feed may make an application to the State
Government for the grant of permission.
-4-

Organic Regulatory
Inspectors.
9. (1) The State Government may by notification in the Official Gazette
appoint such number of persons as it thinks fit and possessing such
technical and other qualifications as may be prescribed to be Organic
Regulatory Inspectors for such area as may be specified in the
notification;
(2) Every Organic Regulatory Inspector shall be deemed to be a
Public Servant;
(3) The State Government may by notification also designate/appoint
such other officials as Additional Regulatory Inspector for the purpose
.of assisting the Organic Regulatory Inspector.
Powers of Organic 10. The powers and functions of the Organic Regulatory Inspectors shall
Reg u I a tor y be such as may be prescribed by the rules made there under.
Inspectors.
Offences
Punishment.
and 11. Whoever,-
(a) Imports, sells, stocks, or exhibits for sale or distributes for
commercial purposes any Inorganic Agricultural, Horticultural
Inputs and Livestock Feed which are prohibited and restricted
under clause (h) and (I) of Section 2 or;
(b) puts to use in the cultivation of farm land or stocks in a farm land
inorganic Agricultural, Horticultural Inputs or;
(c) puts to use and stocks for poultry farming and cattle farming
Inorganic Livestock Feed prohibited and restricted under clause
(h) and (i) of Section 2 or;
(d) puts to use or stocks inorganic Agricultural, Horticultural inputs
and Livestock feed which are prohibited in an area defined as
habitat or;
(e) Prevents or obstructs an Organic Regulatory Inspector in the
exercise of his powers or discharge of his duty under this Act or
the rules made there under shall be punishable:
(i) with imprisonment of either description for a term which may
extend to 3 months, or with fine which may not be less than
RS.25, 000/- (Rupees twenty-five thousand) only but shall
not exceed more than Rs. 1,00,000/- (Rupees one lakh) or
with both.
-5-

Cognizance and trial
of offences.
Protection of action
taken in good faith.
Applicability of 14.
other laws not
barred.
Power of the State 15.
Government to
make Rules.
Repeal and saving. 16.
1I
If any person who has been convicted of the commission 11
an offence punishable under this Act shall be punished fOlt
the second and every subsequent offence with a fine whiclil
may extend to twice the amount imposed on him in hi~
previous conviction: n
Provided that the Court may for reasons to be recorded i~I
judgement. impose a fine exceeding the fine for which aIperson is liable. 'ItI,
12. 1. No prosecution for an offence under this Act shall be institute~l,,I
except by official/officials authorised in this behalf by general or special~
order issued by the State Government in this behalf. 11
2. All offences under this Act made there under shall be triable in thel
Court of Judicial Magistrate upon a complaint instituted as per the:
(ii)
provision of sub-section(1)
13.
~
No suit, prosecution or other legal proceedings shall lie against the~
Government or any officer of the Government or any other person _
exercising any powers or discharging any functions or performing
any duties under this Act for anything done in good faith or intended to
be done under this Act or any rule made there under.
The provisions of this Act shall be in addition to and not in derogation
of any other law for the time being in force.
The State Government may by notification in the Official Gazette
make rules for carrying out the purposes of this Act.
(1) The Sikkim Agricultural, Horticultural Input and Livestock Feed
Regulatory Ordinance, 2014 (Ordinance No.1 of 2014), is hereby
repealed.
(2) Notwithstanding such repeal, anything done or any action taken in
exercise of the powers conferred by or under that Ordinance shall be
deemed to have been done ortaken in exercise of the powers conferred
by or under this Act as if this act was in force on the day on which
such thing was done or such action was taken.
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1.
(a)
(b)
(c)
SCHEDULE -I
(See Section 2)
I. Products for Use in Fertilizing and Soil Conditioning
Matter Produced on an Organic Farm Unit
Farmyard and poultry manure, slurry, urine
Crop residues and green manure
Straw and other mulches
2. Matter Produced Outside the Organic Farm Unit
(a) Blood meal, meat meal, bone meal and feather meal without
Preservatives
Compost made from any carbon based residues
(Animal excrement includi!lg poultry)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
Farmyard manure, slurry, urine("factory" farming sources prohibited)
Fish and fish products without preservatives
Guano
Human excrement
By-products from the food and textile industries of biodegradable
material of microbial, plant or animal origin without any synthetic
additives.
Peat without synthetic additives (prohibited for soil conditioning)
Permitted
Permitted
Permitted
Restricted
Restricted
Restricted
Restricted
Restricted
Prohibited
Restricted
Permitted
(i) Sawdust, wood shavings, wood provided it comes from untreated wood Permitted
(j) Seaweed and seaweed products obtained by physical processes,
(k)
(I)
(m)
(n)
(o)
(p)
(q)
(r)
extraction with water or aqueous acid and/or alkaline solution
Sewage sludge and urban composts from separated sources
which are monitored for contamination
Straw
Vermicasts
Animal charcoal
Compost and spent mushroom and vermiculate substances
Compost from organic household reference
Compost from plant residues
By products from oil palm, coconut and cocoa (including empty fruit
bunch, palm oil mill effluent (pome), cocoa peat and empty cocoa pods)
Restricted
Restricted
Restricted
Restricted
Restricted
Restricted
Restricted
Restricted
Restricted
(s) By products of industries processing ingredients from organic agriculture Restricted
3. Minerals
(a)
(b)
(c)
(d)
Basic slag
Calcareous and magnesium rock
Calcified seaweed
Calcium chloride
-7-
Restricted
Restricted
Permitted
~'8rmitted

\
I\
\
\IJ
Permitted \,
I
Retricted
Restricted
Restricted
Permitted
Restricted
Restricted
Restricted
Permitted
Permitted
Permitted
Restricted
Restricted
Restricted
Permitted
Permitted
Permitted
Permitted
Permitted
Permitted
(e) Calcium carbonate of network origin (chalk, limestone, gypsum
and phosphate chalk)
(f) Mineral potassium with low chlorine content (e.g. sulphate of potash,
kainite, sylvinite, patenkali)
(g) Natural phosphates (e.g. Rock phosphates)
(h) Pulverized rock
(i) Sodium chloride
(j) Trace elements (boron, I, Fe, Mn, Molybdenum, Zn)
(k) Woodash from untreated wood
(I) Potassium sulphate
(m) Magnesium sulphate (Epson salt)
(n) Gypsum (calcium sulphate)
(0) Stillage and ,:;~i:lageextract
(p) Aluminum calcium phosphate
(q) Sulphur
(r) Stone mill
(s) Clay (bentonite, perlite, zeolite)
4. Microbiological Preparations
a. Bacterial preparations (biofertilizers)
b. Biodynamic preparations
c. Plant preparations and botanical extracts
d. Vermiculate
e. Peat
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(I)
(m)
II. Products for Plant Pest and Disease Control
1. Substances from plant and animal origin
Azadirachta indica [neem preparations (neem oil)]
Preparation of rotenone from Derris elliptica
Lonchocarpus. Thephrosia spp.
Gelatin
Propolis
Plant based extracts (e.g. neem, garlic, pongamia, etc.)
Preparation on basis of pyrethrins extracted from Chrysanthemum
cinerariifolium, containing possibly a synergist pyrethrum cinerariifolium Restricted
Preparation from Quassia amara Restricted
Release of parasite predators of insect pests Restricted
Preparation from Ryania species Restricted
Tobacco tea Prohibited
Restricted
Restricted
Restricted
Permitted
Restricted
Permitted
Lecithin
Casein
Restricted
Permitted
-8-

(n)
(0)
(p)
(q)
(r)
(a)
(b)
(c)
(d)
(e)
(1)
(g)
(h)
(i)
(j)
(k)
Sea weeds, sea weed meal, sea weed extracts, sea salt and salty water Restricted
Extract from mushroom (Shiitake fungus) Permitted
Extract from Chlorella
Fermented product from Aspergillus
Natural acids (vinegar)
2. Minerals
Chloride of lime/soda
Clay (e.g. bentonite, perlite, vermiculite, zeolite)
Copper salts / inorganic salts (Bordeaux mix, copper hydroxide,
copper oxychloride)used as a fungicide, maximum 8 kg per ha per year
depending upon the crop and under the supervision of inspection and
certification agency
Mineral powders (stone meal, silicates)
Diatomaceous earth
Light mineral oils
Permanganate of potash
Lime sulphur (calcium polysulphide
Silicates (sodium silicate, quartz)
Sodium bicarbonate
Sulphur (as a fungicide, acaricide, repellent)
3. Microorganisms I Biocontrol agents
(a) Viral preparations (e.g., Granulosis viruses, Nuclear polyhydrosis,
.viruses etc.).
(b) Fungal preparations (e.g., Trichoderma species etc.)
(c) Bacterial preparations (e.g., Bacillus species etc.)
(d) Parasites, predators and sterilized insects."
4. Others
(a)
(b)
(c)
(d)
(e)
Carbon dioxide and nitrogen gas
Soft soap (potassium soap)
Ethyl alcohol
Homeopathic and Ayurvedic preparations
Herbal and biodynamic preparations
5. Traps
Physical methods (e.g., chromatic traps, mechanical traps, light traps,
sticky traps and pheromones)
Mulches, nets
(a)
(b)
-9-
Permitted
Restricted
Restricted
Restricted
Permitted
Restricted
Prohibited
Restricted
Restricted
Restricted
Restricted
Restricted
Permitted
Restricted
Permitted
Permitted
Permitted
Permitted
Restricted
Permitted
Prohibited
Permitted
Permitted
Permitted
Permitted

List of Approved Feed Materials, Feed Additives and Processing Aids for Animal Nutrltlon]
1. Feed Materials of Plant Origin
(a) Cereals grains, their products and by - products
(b) Oilseeds, oil fruits, their products and by - products
(c) Legume seed, their products and by - products
(d) Tuber roots, their products and by - products
(e) Other seeds and fruits
(1) Forages and roughages
(g) Molasses as a binding agent
2. Feed Material of Mineral Origin
(a) Seasalt, rocksalt
(b) Sodium sulphate
(e) Sodium carbonate
(d) Sodium bicarbonate
(e) Sodium chloride
(f) Calcium carbonate
(g) Calcium lactate
(h) Calcium gluconate
(i) Bone dicalcium phosphate precipitate
(j) De fluorinated dicalcium phosphate
(k) Anhydrousmagnesia
(I) Magnesium sulphate
(rn) Magnesiumchloride
(n) Magnesiumcarbonate
Restricted
Restricted
Restricted
Restricted
Restricted
Restricted
Restricted
Restricted
Restricted
Restricted
Restricted
Restricted
Restricted
Restricted
3. Trace Elements
(a) Iron
(b) Iodine
(c) Cobalt
(d) Manganese
(e) Zinc
(f) Molydenum
(g) Selenium
Feed additives
Feed additives
Feed additives
Feed additives
Feed additives
Feed additives
Feed additives
4. Vitamins Restricted
5. Enzymes
6. Micro-organisms
Restricted
. Restricted
Lakchung Sherpa (SSJS)
l. R-eum-Secretary,
Law Department.

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