Preliminary Notification of Ghee Grading and Marking Rules, 2023 under Agmark

7717 GI/202 3 (1) रजजस्ट्री सं. डी.एल.- 33004/99 REGD. No . D. L. -33004/99 EXTRAORDINARY PART II —Section 3 —Sub-section ( i) PUBLISHED BY AUTHORITY No. 710] NEW DEL HI, WEDNESDAY , DECEMBER 13 , 2023/ AGRAHAYANA 22, 1945 CG-HR-E-14122023-250660 CA No. β- (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) मानक 0.30 99.70 40.0 से MINISTRY OF AGRICULTURE AND FARMERS WELFARE (Department of Agriculture and Farmers Welfare) NOTIFICATION New Delhi, the 13th December, 2023 G.S.R . 893 (E).—the following draft of the Ghee Grading and Marking Rules, 2023 which the Central Government proposes to make in exercise of the powers conferred by section 3 of the Agricultural Produce (Grading and Marking) Act, 1937 (1 of 1937) in supersession of the principal rule of Ghee Grading and Marking Rules, 1938, amended upto1991 except as respect things done or omitt ed to be done before such supersession is hereby published as required by the said section for information of all persons likely to be affected thereby; and notice is hereby given that the said draft rules shall be taken into consideration after the expiry of a period of forty -five days from the date on which the copies of the Gazette of India containing this notification are made available to the public. Objections or suggestions which may be received from any person with respect to the said draft rules b efore the expiry of the above said period shall be taken into consideration by the Central Government. Objections or suggestions, if any, in respect of the said draft rules, may be forwarded to the Agricultural Marketing Adviser to the Government of India, Directorate of Marketing and Inspection, Head Office, CGO Complex, NH - IV, Faridabad (Haryana) 121001. DRAFT RULES 1. Short title, application and commencement .-(1) These rules shall be called the Ghee Grading and Marking Rules, 2023. (2) They shall apply t o Ghee manufactured from milk or milk fat products like butter or cream or combination. (3) They shall come into force on the date of their final publication in the Official Gazette. 2. Definitions .-(1) In these rules, unless the context otherwise require s,- (a) “Act” means the Agricultural Produce (Grading and Marking) Act, 1937 (1 of 1937); (b) "Agricultural Marketing Adviser" means the Agricultural Marketing Adviser to the Government of India; (c) "authorised packer" means a person or a body of persons who has been granted a certificate of authorization to grade and mark Ghee in accordance with the grade standards and procedure provided under these rules and the General Grading and Marking Rules, 1988; (d) "Certificate of Authorisation" means a certificate issued under the provisions of the General Grading and Marking Rules, 1988 authorising a person or a body of persons to grade and mark Ghee with the Grade Designation Mark; (e) "General Grading and Marking Rules" means the General Grading and Marking Rules, 1988 made under section 3 of the Agricultural Produce (Grading and Marking) Act, 1937 (1 of 1937); (f) "Grade Designation Mark" means „‟AGMARK Insignia‟‟ referred to in rule 3; (g) “Legal Metrology (Packaged Commodities) Rules" means the Legal Metrology (Packaged Commodities) Rules, 2011, made under the Legal Metrology Act, 2009 (1 of 2010); and (h) "Schedule" means a Schedule appended to these rules. (2) Words and expressions used in these rules and not defined but defined in the Agricultural Produce (Gradi ng and Marking) Act, 1937 and General Grading and Marking Rules, 1988 shall have the same meaning as are assigned to them under the said Act or rules. 3. Grade designation mark. -The grade designation mark shall consist of the design of "AGMARK Insignia" a s set out in Schedule -I, incorporating the certificate of authorisation number, the word "AGMARK", name of the commodity and its grade provided that the use of Agmark Replica paper slip shall be allowed only for tin packing for such authorised pac kers who have been granted the permission by the Agricultural Marketing Adviser or an officer authorised in this regard or as may be specified from time to time. 4. Grade designations. - The grade designations to indicate the quality of Ghee including the crit eria for grade designation shall be as set out in Schedule -II. 5. Quality. - For the purpose of these rules, the quality of Ghee shall be as provided in Schedule -II. 6. Method of packing. -(1) Ghee shall be packed in suitable packaging material in accordance wi th the provisions of the Food Safety and Standards (Packaging) Regulations, 2018 and Legal Metrology (Packaged Commodities) Rules, 2011. (2) The graded material of small pack sizes of the same lot or batch and grade may be packed in a master container with com plete details thereon along with the Grade Designation Mark. (3) Each package shall contain Ghee of the same type and of the same grade designation. (4) Each package shall be properly and securely closed and sealed so as to disallow spilling and marked with replica numbers issued by the competent authority. 7. Method of Marking. -(1) The Grade Designation Mark shall be securely affixed to or printed on each package in the manner approved by the Agricultural Marketing Adviser or an officer authorised by him under rule 11 of the General Grading and Marking Rules. Ghee shall be marked suitably on packaging in accordance with the provisions of the Food Safety and Standards (Labeling and Display) Regulations, 2020 . (2) In addition to the Grade Designati on Mark, following particulars shall be clearly and indelibly marked on each package, namely - (a) name of the commodity; (b) grade; (c) trade name(optional); (d) lot/batch number; (e) date of packing *; (f) nutritional information; (g) net weight; (h) name and address of the autho rised packer; (i) maximum retail price (inclusive of all taxes); (j) BEST BEFORE _______MONTH ______YEAR; (k) storage condition, if any (l) any other particulars as provided under the Legal Metrology (Packaged Commodities) Rules, 2011 or specified under the Food Safety an d Standards (Packaging) Regulations, 2018 and the Food Safety and Standards (Labeling and Display) Regulations, 2020 or any notification issued under any other law for the time being in force or any instructions issued under the provisions of the Act, provided that right quality of ink is used for marking on packages. * The date of packing shall be the date of completion of the analysis of the sample. (3) The authorised packer may after obtaining prior approval of the Agricultural Marketing Adviser or an officer authorised by him under rule 11 of the General Grading and Marking Rules, mark his private trade mark or trade brand on the graded packages provided the same do not indicate quality other than that indicated by the Grade Designation Mark affixe d to the graded packages in accordance with these rules. 8. Special conditions for grant of Certificate of Authorisation. - In addition to the conditions specified in sub -rule (8) of rule 3 of the General Grading and Marking Rules, every authorised packer sha ll comply the conditions specified under these rules. (1) The premises should have in house laboratory for complete analysis of raw milk, for determining quality of milk and detecting possible adulterants such as preservatives, cane sugar, urea, caustic so da, starch, vegetable oil, etc. The laboratory should also be fully equipped for the analysis of ghee for prescribed parameters. The laboratory shall be manned by a qualified chemist approved by the Agricultural Marketing Adviser or an officer authorised b y him under rule 9 of the General Grading and Marking Rules for testing the quality of Ghee. (2)The process of manufacture shall be such as to retain the essential characteristics of the ghee which shall not be heated at any time over 110°C. (3) The auth orised packer shall provide all necessary facilities and assistance to the approved chemist for carrying out the grading and mar king of Ghee under these rules. (4) The authorised packer shall maintain proper record of analytical reports of milk, milk fat a nd ghee. All the reports shall be submitted periodically in prescribed proforma as specified by Directorate of Marketing and Inspection. (5) The premises of the authorized packer used for processing and packing of Ghee shall be maintained in hygienic and s anitary conditions with proper ventilation and well lighted arrangement and the personnel engaged in these operations shall be in sound health and free from any infectious, conta gious or communicable diseases. (6) The premises of the authorized packer shal l have adequate storage facilities with pucca floor, free from dampness, any kind of cracks and crevices, r odent and insect infestation. (7) There shall be no fat or oil other than ghee or any artificial flavoring or coloring matter in the premises where ghee is manufactured or processed. (8) The authorised packer and the approved chemist shall observe all instructions regarding testing, grading, packing, marking, sealing, maintenance of records, which may be issued from time to time under the provisions of the Act. 9. Minimum infrastructure requirement - Certificate of Authorization (CA) for ghee shall be granted only to the parties who manufacture ghee from milk in dairy plants with requisite minimum infrastructure/facilities like: (i) The building/infrastruct ure shall be permanent in nature and maintained properly with smooth, plain, cracks and crevices free flooring. (ii) There should be provision for adequate water supply, drainage system and power. (iii) There shall be separate rooms for storing packed ghee. (iv) Other inf rastructural/technological requirements as specified by the Agricultural Marketing Adviser to the Government of India for dairy plants to manufacture ghee from milk. SCHEDULE I (See rule 3) (Design of Agmark Insignia) CA No. Nam e of commodity ………………… Grade…………………………………. SCHEDULE II (See rules 4 and 5) Grade designation and quality of Ghee 1. Ghee shall be manufactured from milk or milk fat products like butter or cream or combination by means of a process which results in almost total removal of water and milk solids -not-fat. 2. Minimum requirement: (1) Ghee shall - (a) be clarified milk fat and clear and transparent at 40°C; (b) have natural, pleasant odor and agreeable taste; (c) be free from rancidity, obnoxious smell, turbidity, suspended o r insoluble matter or any other foreign matter; (d) be free from separated water, sedimentations, added coloring matter and any other flavoring substances; (e) be free from synthetic oil/fat, mineral oil and animal fat (other than milk fat); (f) the phenolphthalein t est shall be negative. (2) for domestic trade, it shall comply with the restrictions in regard to residual levels of metal contaminants, pesticides residues, microbial requirements, crop contaminants, naturally occurring toxic substances and other food safet y requirements as specified under the Food Safety and Standards (Contaminants, Toxins and Residues) Regulations, 2011, Food Safety and Standards (Food Product Standards and Food Additives) Regulations, 2011, and other regulations made for domestic trade un der the Food Safety and Standards Act, 2006 (34 of 2006). (3) For export trade, it shall comply with the residual limits of heavy metals, pesticides and other food safety requirements as laid down by the Codex Alimentarius Commission or importing countries req uirement for export. 3. Criteria for grade designation: TABLE -1 Grade Designation Moisture Percent by Weight (not more than) Milk fat, minim um% (m/m) Butyro - refractometer Reading at 40 ˚C Reichert Meissl Value, minimum Polenske Value FFA as Oleic Acid , maximum , % Baudouin Test Iodine Value Saponifi -cation value Presence of β-sitosterol (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) Special 0.30 99.70 40.0 to 43.0 28 1.0-2.0 1.0 Negative 25-38 205-235 Negative Standard 0.30 99.70 40.0 to 43.0 26 1.0-2.0 1.5 Negative 25-38 205-235 Negative General 0.50 99.50 40.0 to 44.0 24 0.5-2.0 2.0 Negative 25-38 205-235 Negative 4. Special Condition - The ghee may be declared as Cow Ghee, if it is manufactured from milk fat or butter or cream derived from c ow milk. For this purpose the authorised packer shall maintain proper record of milk procurement. 5. The ghee covered under these rules shall comply with the fatty acid composition as per Food Safety and Standards (Food Products Standards and Food Additives), Regulations 2011. 6. Additional requirements - (i) The packing condition of the Ghee shall be such as to enable it - (a) to withstand transport and handling; (b) to arrive in satisfactory condition at the place of destination. (ii) Ghee shall be stored in a cool, dry pl ace and properly maintained in a clean and hygienic condition. [F. No.-Q-11047/03/Ghee/2022 -Std] FAIZ AHMED KIDWAI , Addl . Secy . (Marketing) Uploaded by Dte. of Printing at Government of India Press, Ring R oad, May apuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.