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INM DIVISION

No.1-2/2003-Fert.Law

Government of India
Deptt. of Agri. & Cooperation
M/o Agriculture

Krishi Bhavan, New Delhi

Dated the 28th March, 2003.

           

To

              The Director of Agriculture
             Government of (All States/Uts)

 Subject:- Referee analysis of fertilizer samples,

Sir,

              Kind 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.

2.        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).

3.         To ensure that referee analysis of the impugned sample is done in a discreet and transparent manner, the following guidelines be followed & complied with:-

            (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.

(ii)               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.

(iii)             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.

(iv)             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.

(v)               The selection of referee laboratory may be made on random basis preferably from a random table to ensure unbiasness.

(vi)             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.

(vii)           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 laboratory.

(viii)         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).

4.         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.

5.         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 of that.

6.                  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.

7.                  The receipt of letter may kindly be acknowledged.

 

Yours faithfully,

                                                                                                          (N. Tripathi)
   Additional Commissioner (INM)

Copy for information to:-

  1. Secretary (Agriculture), Govt. of ----------
  2. J.S.(A&M), DOF
  3. FAI
  4. Director, CFQC&TI
  5. Indian Micronutrient Fertilizer Manufacturers Association, Pune


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