|Government of India|
|Deptt. of Agri. & Cooperation|
Krishi Bhavan, New Delhi
Dated the 28th March, 2003.
The Director of Agriculture
Government of (All States/Uts)
Subject:- Referee analysis of fertilizer samples,
reference is invited to recent FCO amendments 2003 notified vide S.O. 49(E)
dated 16.1.2003, which provides inter alia for Referee Analysis of fertilizer
samples vide clause 29B and 32. Now
FCO also provides a grievances redressal mechanism to an aggrieved person about
the analysis of fertilizer samples carried out by a Government laboratory, which
will act as an effective hedge analytical errors (if any) and instill confidence
of dealers/manufacturers in the analytical system.
The clause 32(2) stipulates
that in case samples drawn and analyzed by the State Governments and found
Non-Standard, the aggrieved person may appeal to the notified Appellate
Authority within 30 days of receipt of Analysis Report and request for referee
analysis. Further Clause 29B(2)
stipulates that the said Appellate Authority shall decided and send, one of the
2 remaining samples for reference analysis to any notified Fertilizer Quality
Control Laboratory of another State or any of Central Government Laboratories
namely, CFQC%TI & its 3 RFCL as (Clause 29(B) (i).
To ensure that referee analysis of the impugned sample is done in a
discreet and transparent manner, the following guidelines be followed &
(i)The Appellate Authority on receipt of request from aggrieved dealer
about refernce analysis within the specified period 30 days, shall call for both
samples lying with dealer and higher authority of Fertilizer Inspector, inspect
and satisfy about intactness of seal put on sample, to ensure its genuineness.
An undertaking to be taken from the aggrieved dealer as well as the
higher authority of Field Inspector to the effect that the sample in question is
genuine, which was given to him by the Fertilizer Inspector at the time of
drawls of sample.
Any one of the 2 samples may be selected for referee analysis and the
other sample should be kept intact for production in court, if required.
The Appellate Authority shall then decided the referee laboratory may be
any one of the notified laboratories by Central Government or other State
Governments, but will not be from the same State (Proviso (2) Clause 29B(1).
A list of existing 66 notified laboratories is enclosed as Annex-1. These laboratories and types of fertilizers except
micronutrient fertilizers & mixtures of micro-nutrient fertilizers.
Further, as presently there are only few laboratories who are having AAS,
which is indispensable for analysis of micronutrient fertilizers and their
mixtures, the list of such laboratories is at Annex-II.
Hence these laboratories should only be recognized as referee
laboratory for analysis of straight micronutrient fertilizers and their mixtures
till further orders.
The selection of referee laboratory may be made on random basis
preferably from a random table to ensure unbiasness.
The sample selected as per 3(II) above should be defaced with dark ink to
avoid any chance of tractability at referee laboratory.
Then a “specific Code No” be given.
Also maintain a register to ensure its secrecy.
Then the reference sample be sent promptly to concerned Referee
Laboratory by Registered Post or any other means to ensure its safe reaching in
The Referee Laboratory shall maintain a separate register in their record
and on receipt of such sample, shall make entry therein and will ensure its
strict confidentiality with due coding and decoding system and analysis for all
parameters prescribed in the FCO and report back to concerned Appellate
Authority within specified time frame of 30 days (as provided in sub clause
(2)of clause 30).
In case a sample has been by State Inspector but analyzed at any of 4 GOI
laboratories, the referee laboratory shall be laboratory located outside the
State and also excluding 4 GOI laboratories.
The report received from Referee laboratory shall supersede the Analysis
Report submitted by first laboratory and shall be treated as final.
The Appellate Authority and further action shall be taken in consonance
In case of the samples drawn and analyzed by any of the 4 GOI
laboratories (namely CFQC&TI & 3 RFCLs), the aggrieved person shall
appeal to the Controller of Fertilizer s(i.e. Joint Secretary(INM), Department
of Agriculture & Cooperation, Krishi Bhavan, New Delhi)within specified 30
days period from date of receipt of analysis report(Clause 32(2) and thereafter
further action for referee analysis shall be taken by Controller of Fertilizer
by the same principle and indicated in Para 3 above.
The receipt of letter may kindly be acknowledged.
Additional Commissioner (INM)
Copy for information to:-
Last Updated On - 01 April, 2005