Sikkim Agricultural, Horticultural Input and Livestock Feed Regulatory Act, 2014 (Act No. 10 of 2014)

2. In this Act unless the context otherwise requires- Definitions. (a) "animals" means an imals useful to human beings and also includes fish and fowl and such kinds of wildlife as ths State or Central Government may by notification in the Official Gazette specify being kinds which in its opiriion 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 consisting·of fre~h 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 13nd 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 pe r the guidelines of National Programme for Organic Production; U) "inspection" means inspection by an Organic Regulatory lnso9ctors 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; ,.i (n) "Organic Regulatory Inspectors" means and include such officials as may be appointed/designated by the State Government; (o) "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 crea te an ecosystem which can achieve sustainable productivity without the use of artificial external inputs su~:, as chemical , fertilizers and pesticides; (q) "Organic Feed or Feed Ma terials " mean feedi ng stuff/feed materials which have been made from organic materials and -2- 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 Organ ic 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 ru les framed under the Sikkim Agricultural, Horticultural Input and Livestock Feed Regulatory Act, 2014; Prohibition of Import 3. No person shall himself or by any person on his behalf import into of Inorganic Sikkim,- Agricultural, (a) any inorganic Agricultural, Horticultural Inputs and Livestock Feed Horticultural Inputs for sale or distribution or use of which is for the time being and Livestock Feed. 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. Prohibition of sale 4. No person shall himself or by any person on his behalf sell, stock or etc. of Inorganic exhibit for sale, distribute, transport, use or caused to be used :- Agricultura/,Horticultural (a) any inorganic Agricultural, Horticultural Inputs and Livestock Feed Inputs and Livestock which is for the time being prohibited and restricted under clause Feed. (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. Prohibition of use in 5. No person shall himself or by any person on his behalf pu~ lO use for cultivation of crop of cultivation or stock :- inorganic (a) any inorganic Agricultural , Horticultural Inputs which is for the Agricultural and time being prohibited and restricted under clause (h) and (i) of Horticultural Inputs. Section 2; (b) any inorganic Agricultural, Horticultural Inputs in contravention . . of any other provision 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 conventiona l materials shall be used with the permission of State Government as per the provision contained in Section 8 of the Act. The use of genetically engineered seeds, pollen, trans-gene plants or plant material is prohibited for cultivation. -3- Prohibition of use in 6. No person shall himself or by any person on his behalf put to use in poultry farming and poultry farming and cattle farming or stock:- cattle farming of in (a) Any livestock feed which is for the time being prohibited and organic livestock restricted under clause (h) and (i) of Section 2. feed. (b) Any inorganic livestock feed in contravention of any other provision of this Act as· or of any rule made there under. •Explanation: For the purpose of this 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 faed given to farm anim~ls: (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; Protection of 7. No person shall himself or by any person on his behalf put to use or stock in Sikkim:- Habitat. (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 inorganic Agricultural, Horticultural Inputs, Livestock Feed in .contravention of any other provision of this Act or of any rule made there under. Import, Sale and use 8. (1) Any person desiring to import or to sell, stock, exhibit for sale or of Restricted Inputs. 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 9. (1) The State Government may by notification in the Official Gazette Inspectors. 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 R e g u I a t Or y be such as may be prescribed by the rules made there under. Inspectors. Offences and 11. Whoever,- Punishment. (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- (ii) If any person who has been convicted of the commission ,, l an offence punishable under this Act shall be punished foj the second and every subsequent offence with a fine whicH{ ' may extend to twice the amount imposed on him in hi previous conviction: I, Provided that the Court may for reasons to be recorded i~ l judgement, impose a fine exceeding the fine for which a![. person is liable. ,I, ; Cognizance and trial 12. 1. No prosecution for an offence under this Act shall be instituted \ of offences. except by official/officials authorised in this behalf by general or speciai 1 order issued by the State Government in this behalf.

2. All offences under this Act made there under shall be triable in the Court of Judicial Magistrate upon a complaint instituted as per thei provision of sub-section(1) I Protection of action 13. No suit, prosecution or other legal proceedings shall lie against the taken in good faith. Government or any officer of the Government or any other person _ exercising any powers or discharging any functions or perform ing any duties under th is Act for anything done in good faith or intended to be done under this Act or any rule made there under. Applicability of 14. The provisions of this Act shall be in addition to and not in derogation other laws not • of any other law fOi the time being in force . barred. Power of the State 15. The State Government may by notification in the Official Gazette Government to make rules for carrying out the purposes of th is Act. make Rules. Repeal and saving. 16. (1) The Sikkim Agricu ltural, 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 or taken in exercise of the powers conferred by or under this Act as if th is act was in force on the day on which such th ing was done or such action was taken . -6- ' ,,- SCHEDULE - I (See Section 2) I. Products for Use in Fertilizing and Soil Conditioning

1. Matter Produced on an Organic Farm Unit (a) Farmyard and poultry manure, slurry, urine Permitted (b) Crop residues and green manure Permitted (c) Straw and other mulches Permitted

2. Matter Produced Outside the Organic Farm Unit (a) Blood meal, meat meal, bone meal and feather meal without Preservatives Restricted (b) Compost made from any carbon based residues (Animal excrement includi~g poultry) Restricted (c) Farmyard manure, slurry, urine("factory" farming sources prohibited) Restricted (d) Fish and fish products without preservatives Restricted (e) Guano Restricted (f) Human excrement Prohibited (g) By-products from the food and textile industries of biodegradable material of microbial, plant or animal origin without any synthetic additives. Restricted (h) Peat without synthetic additives (prohibited for soil conditioning) Permitted {i) Sawdust, wood shavings, wood provided it comes from untreated wood Permitted (j) Seaweed and seaweed products obtained by physical processes, extraction with water or aqueous acid and/or alkaline solution Restricted (k) Sewage sludge and urban composts from separated sources which are monitored for contamination Restricted (I) Straw Restricted (m) Vermicasts Restricted (n) Animal charcoal Restricted (o) Compost and spent mushroom and vermiculate substances Restricted (p) Compost from organic household reference Restricted (q) Compost from plant residues Restricted (r) By products from oil palm, coconut and cocoa (including empty fr1.,Jit bunch, palm oil mill effluent (pome), cocoa peat and empty cocoa pods) Restricted (s) By products of industries processing ingredients from organ ic agriculture Restri_ c ted

3. Minerals (a) Basic slag Restricted (b) Calcareous and magnesium rock Restricted (c) Calcified seaweed Permitted {d) Calcium chloride ::-·ermitted -7- (e) Calcium carbonate of network origin (chalk, limestone , gypsum and phosphate chalk) Perm itted (f) Mineral potassium with low chlorine content (e.g. sulphate of potash, kainite, sylvinite, patenkali) Retricted (g) Natural phosphates (e.g. Rock phosphates) Restricted (h) Pulverized rock Restricted (i) Sodium ch loride Permitted (j) Trace elements (boron, I, Fe , Mn, Molybdenum, Zn) Restricted (k) Woodash from untreated wood Restricted (I) Potassium sulphate Restricted (m) Magnesium sulphate (Epson salt) Permitted (n) Gypsum (calcium sulphate) Permitted (o) Stillage and .:;~i:lage extract Permitted (p) Alum inum calcium phosphate Restricted (q) Sulphur Restricted (r) Stone mill Restricted (s) Clay (bentonite, perlite, zeolite) Permitted

4. Microbiological Preparations a. Bacterial preparations (biofertilizers) Permitted b. Biodynamic preparations Permitted c. Plant preparations and botanical extracts Permitted d. Verm iculate Perm itted e. Peat Permitted II. Products for Plant Pest and Disease Control

1. Substances from plant and animal origin (a) Azadirachta indica [neem preparations (neem oil)] Restricted (b) Preparation of rotenone from Derris elliptica Restricted (c) Lonchocarpus, Thephrosia spp . Restricted (d) Gelatin Permitted (e) Propolis Restricted (f) Plant based extracts (e.g. neem, garlic, pongamia, etc.) Permitted (g) Preparation on basis of pyrethrins extracted from Chrysanthemum cinerariifolium , containing possibly a synergist pyrethrum cinerariifolium Restricted (h) Preparation from Quassia amara Restricted (i} Release of parasite predators of insect pests Restricted (j) Preparation from Ryania species Restricted (k) Tobacco tea Prohibited (I) Lecithin Restricted (m) Casein Perm itted -8- (n) Sea weeds, sea weed meal, sea weed extracts, sea salt and salty water Restricted (o) Extract from mushroom (Shiitake fungus) Permitted (p) Extract from Chiarella Permitted (q) Fermented product from Aspergillus Restricted (r) Natural acids (vinegar) Restricted

2. Minerals (a) Chloride of lime/soda Restricted (b) Clay (e.g. bentonite, perlite, vermiculite, zeolite) Permitted (c) 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 Restricted (d) Mineral powders (stone meal, silicates) Prohibited (e) Diatomaceous earth Restricted (f) Light mineral oils Restricted (g) Permanganate of potash Restricted (h) Lime sulphur (calcium polysulphide Restricted (i) Silicates (sodium silicate, quartz) Restricted (j) Sodium bicarbonate Permitted (k) Sulphur (as a fungicide, acaricide, repellent) Restricted

3. Microorganisms / Biocontrol agents (a) Viral preparations (e.g., Granulosis viruses, Nuclear polyhydrosis, viruses etc.). Permitted (b) Fungal preparations (e.g., Trichoderma species etc.) Permitted (c) Bacterial preparations (e.g., Bacillus species etc.) Permitted (d) Parasites, predators and sterilized insects." Permitted

4. Others (a) Carbon dioxide and nitrogen gas Restricted (b) Soft soap (potassium soap) Permitted (c) Ethyl alcohol Prohibited (d) Homeopathic and Ayurvedic preparations Permitted (e) Herbal and biodynamic preparations Permitted

5. Traps (a) Physical methods (e.g., chromatic traps, mechanical traps, light traps, sticky traps and pheromones) • Permitted (b) Mulches, nets Permitted -9- List of Approved Feed Materials, Feed Additives and Processing Aids for Animal Nutrition

1. Feed Materials of Plant Origin (a) Cerea ls grains, their products .and by - prod ucts (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 (f} Forages and roughages (g} Molasses as a binding agent

2. Feed Material of Mineral Origin (a} Seasalt, rocksalt Restricted (b) Sodium sulphate Restricted (c) Sodium carbonate Restricted (d) Sodium bicarbonate Restricted (e) Sodium chloride Restricted (f) Calcium carbonate Restricted (g) Calcium lactate Restricted (h) Ca lcium gluconate Restricted (i} Bone dicalcium phosphate precipitate Restricted (j) De fluorinated dicalcium phosphate Restricted (k} Anhydrous magnesia Restricted (1) Magnesium sulphate Restricted (m} Magnesiumchloride Restricted (n} Magnesiumcarbonate Restricted

3. Trace Elements (a} Iron Feed additives (b) Iodine Feed additives (c) Cobalt Feed additives (d} Manganese Feed additives (e} Zinc Feed additives (f} Molydenum Feed additives (g) Selenium Feed additives

4. Vitamins Restricted

5. Enzymes Restricted

6. Micro-organisms . Restricted Lakchung Sherpa (SSJS) LA-cum-Secretary, Law Department.