(1) Any application for grant of a license to be made to the Authorised Inspection and Certification Agency shall be in Form-3, which shall be processed and license be granted as per provisions of the National Programme for Organic Production as published in the said notification.
(2) The license to be granted by the Authorised Inspection and Certification Agency under sub-rule (1) above shall be in Form-4 and the declaration to be filed by the licensed operator shall be in Form-5.
(3) The licensed operators and grower groups shall be entitled to use the certification or grade designation mark as provided under these rules and restrict its use thereof to goods or services, which will meet the norms and standard specification of the products.
(4) The certification mark may be affixed to the products or used on packaging or promotional material or in the context of advertising activities.
(5) In the event of a withdrawal of the right to use the aforesaid mark, the license shall be returned to the Authorised Inspection and Certification Agency.
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(6) The right to use the grade designation mark expires at the same time without giving rise to any indemnification claim against the Agricultural Marketing Adviser or Authorised Inspection and Certification Agency.
(7) The licensed operators and grower groups shall be entitled to use the aforesaid mark and they shall be answerable for the safety of their products themselves.
(8) The licensed operators shall furnish proof of holding sufficient product liability insurance in respect thereof, if required by the Authorised Inspection and Certification Agency and no liability, whatsoever, will be accepted by the Authorised Inspection and Certification Agency or the Agricultural Marketing Adviser in this regard.
(9) The product certificate shall be issued to the buyer in Form-6 by the certifier of the Authorised Inspection and Certification Agency on the request of the licensed operators.
14 Schedule (see rule 4) DESIGN OF THE AGMARK INDIA ORGANIC INSIGNIA Name of the Commodity………………………………………… Grade: - Agmark India Organic [Add other grades herein, if any as per specific Commodity Grading and Marking Rules notified under the Agricultural Produce (Grading and Marking) Act, 1937] AGMARK C.A. NO. :
15 FORM-1 [see rule 9(1)] APPLICATION FORM FOR GRANT OF CERTIFICATE OF AUTHORISATION
1. Organisation/Address Phone No :
Fax No :
Email address :
2. Contact person:
3. Year of accreditation under National Programme for Organic Production and date till which the accreditation is valid:
4. Scope of Certification:
5. Organisation and : No. of employees with curriculum vitae. (Please Structure draw up an organisation chart)
6. Organisation Policy : Details of certification committee and curriculum vitae of members.
7. Performance / Turnover of last three years
8. Background
9. Do you conduct inspectors’ training?
10. Please describe your record system (about growers, processors, wholesalers, retailers).
11. Please describe your certification procedures.
12. Which laboratory are you using for getting the samples tested?
13. Which are the products you plan to certify or are certifying?
14. Please indicate your tariff structures for various services along with the terms and conditions
15. List of Annexures (please attach a copy of all relevant documents with respect to above including the affidavit in prescribed Form- 2).
Declaration The whole information stated above are true and correct to the best of my /our knowledge.
NAME / DESIGNATION DATE / SIGNATURE 16 FORM -2 [see rule 9(1)(f)] Affidavit I/We------------------- s/o---------------- aged--------------- years and resident of ---- --------------------------------------------------- do hereby solemnly affirm and state as follows:
1. That I am the sole Proprietor/Partner/Director of the firm namely M/s -------------------------------------------------- situated at ----------------- --------------------------------------------------------------------------------------------------- ------------- for carrying out inspection and certification of organic products of Indian projects.
2. M/s.-------------- shall provide all necessary information for evaluation by the Evaluation Committee of its certification performance as well as all documentation of the certified operations.
3. M/s.-------------- shall provide co-operation during the process of evaluation to the Evaluation Committee.
4. M/s.-------------- shall make all necessary arrangements and provide all means of information for evaluation during the field evaluation.
5. M/s.-------------- shall fulfill its inspection, evaluation and certification according to the criteria set in the Organic Agricultural Produce Grading and Marking Rules, 2009. In addition hereto, M/s.----------- may render such other services that are not in contravention with the Organic Agricultural Produce Grading and Marking Rules.
6. M/s.----------shall pay the grading charges as per rule 19 of the Organic Agricultural Produce Grading and Marking Rules, 2009to the Directorate of Marketing and Inspection and submit periodical returns in the prescribed manner as may be specified by the Agricultural Marketing Adviser from time to time.
7. M/s.-------------shall be responsible for safe custody and proper accounting of Agmark labels, if any issued, Agmark replica bearing containers, sealing pliers, etc., and for realisation and timely remittance of Government dues.
8. M/s.-------------shall strictly follow the instructions issued for inspection, sampling analysis, packing, marking and sealing of the articles.
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9. M/s.-------------shall furnish on demand to the Agricultural Marketing Adviser or any other duly authorised officer such information, return or repot in respect of any of the scheduled articles which the authority may consider necessary for carrying out the provisions of the Agricultural Produce (Grading and Marking) Act, 1937.
10. M/s.-------------- shall submit an annual report to Directorate of Marketing and Inspection by 30th April every year containing updated developments in the certification process such as number of licensed operators certified (under conversion / converted) geographical area of operations, financial turnover, change in personnel, irregularities or infringements found with the licensed operators related to the application of standards, products exported in terms of quantity and value and country of destination for the preceding financial year ending 31st of March of the year concerned.
(Signature of the deponent) DD/MM/YY For M/s.-------------------------------------------------------------------------------- VERIFICATION I/We -------------------------------------------------------------------- solemnly state and verify that the contents of the above affidavit are true and correct.
(Signature of deponent) Attested by NOTARY 18 FORM- 3 [see rule 20(1)] Application for Grant of License to use the Certification Mark under the Organic Agricultural Produce Grading and Marking Rules……………………..
1. I/We carrying on business at ______________________________________ Under the style of ________________________________________________ Hereby apply for a license to use the “Agmark India Organic” logo Certification in respect of the product/process which conforms to the Standards for Organic Produce norms and procedures listed below:
a) **Product ______________________________________________________ Type ______________________________________________________ Size ______________________________________________________ Grade ______________________________________________________ Related norms of Standards for Organic Products b) **Process ______________________________________________________ Related norms of Standards for Organic Products.
2. The above product is manufactured by _________________________________ process is carried out _________________________________________________ name of location (address) ** Only one of the two items under (a), (b) may be covered by one application.
Strike out the other.
3. a) The composition of the top management of my/our firm is as follows:
S. No. Name Designation 19 b) I/we undertake to intimate to the Inspection and Certification Agency any change in the above composition as soon as it takes place.
4. I/We hereby enclose an attested copy/photocopy of the certificate of incorporation issued by the Registrar of firms or Societies/Companies/director of Industries (In case of Small Scale Units) or other similar authorities authenticating the name of the firm and its producing location.
5. I/We have testing arrangements as per enclosed list and as per norms and procedures of Standards for Organic Products.
OR The following testing arrangements as per norms and procedures of Standards for Organic Products are still to be made:
Details of Accredited/ Approved Laboratory Name Job
6. a) Trade-Mark (s)/Brand Name (s) used by us as follows:
b) I/We intend to apply for the “Agmark India Organic” logo Certification with our following Trade-Mark (s)/Brand Name (s):
c) Registration No. and Date of the trade-Mark (s)/Brand Name (s) proposed to be used with the Agmark India Organic Certification Mark.
OR In case of non-registration, I/We enclose documentary evidence in the form of publicity/packing material, etc. in support of the Trade-Mark(s) Brand Name(s)
7. Production figures of the said product/process and the value thereof to the best of my/our knowledge and estimates are as follows:
20 Year Production Unit Value Rs.
Last year from ____________ to ___________ Current year from _____________ to ___________ (estimate)
8. In order to ensure conformity of the said product/process to the related norms and procedures of the Standard for Organic Products:
(a) I/We have in use or propose to use the scheme of Inspection and Testing described in the Statement attached hereto. Routine records of all the inspections and tests are being/will be kept in the form detailed in the Statement. I/We further undertake to modify, amend or alter my/our Scheme of Inspection and Testing to bring it in line with that which may be specified by you from time to time.
OR
(b) I/We have at present no scheme of Inspection and Testing in operation. I/We, however, undertake to put in operation any such as recommended by the Inspection and Certification Agency.
9. In case of any initial enquiry by the Inspection and Certification Agency, I/We agree to extend to the Inspection and Certification Agency all reasonable facilities at my/our command and I/We also agree to pay all expenses of the said enquiry, including charges for a testing, as and when required by the Inspection and Certification Agency.
I/We request that the preliminary inspection of location may be carried out by _____________________________ (indicate date) 21 OR I/We shall intimate the time, date etc. suitable for carrying out the preliminary Inspection as soon as production of the product applied for is undertaken and I am/We are ready for drawl of samples.
10. a) Certified that earlier I/we had applied and the application No. was------ It did not mature into a license because of _________________________ b) Certified that earlier I/We held CMS/T, No. ___________________ which was lapsed/cancelled because of _________________ vide letter No. _________________ dated ______________ from Inspection and Certification Agency c) I/We have never been warned/advised by the Inspection and Certification Agency for any of our actions violative of the norms and procedures of the Standards for Organic Products.
OR The details of warning/advice received by me/us for violating the norms and procedures of the Standards for Organic Products are as under:
___________________________________________________ ___________________________________________________
11. I/We undertake that, if any information supplied above in the application form is found to be wrong, the application may be rejected forthwith.
12. If the License granted and as long as it remains operative, I/We hereby undertake to abide by all the terms and conditions of the License and the prescribed rules. In the event of the License being suspended or cancelled, I/we also undertake to cease with immediate effect to use the Certification Mark on any product covered by the License and to withdraw all relevant advertising matters and to take such other steps as may be necessary to fulfill the provisions of the aforesaid rules with immediate effect. We also undertake to comply with each and every provision contained in the aforesaid rules, where a License is granted to us.
22 Date this day of Signature ____________________ Name _______________________ Designation __________________ For and on behalf of ___________ ____________________________ (Name of the firm) 23 FORM- 4 [see rule 20(2)] License for the use of “Agmark India Organic” Insignia License No:
1. By virtue of the powers conferred on it by the Organic Agricultural Produce Grading and Marking Rules pertaining to Certification Mark of Agmark India Organic Logo, the Inspection and Certification Agency hereby grants to____________________________________________________________ (hereinafter called ‘the Licensed Operator’) this License to use Agmark India Organic Insignia set out in the Schedule of these rules, upon or in respect of any kind of Agricultural Produce included in the Schedule under the Agricultural Produce (Grading and Marking) Act, 1937, which is produced in accordance with/conforms to the related norms and procedures of Standards for Organic Products prescribed under the above said rules and the National programme for Organic Production notified by the Director General of Foreign Trade, Ministry of Commerce and Industry, Government of India, vide Notification No. 72(RE-2003)/2002-2007 dated the 21st July-2004 and as revised from time to time and based action taken by the National Accreditation Body, take further appropriate action against the concerned agency.
2. This License carries the rights and obligations stipulated in the above said rules.
3. This License shall be valid from_____________ to________________
4. This License is being granted to ____________________________ subject to the condition that _______________________________ has agreed subject to the provisions contained in the Organic Agricultural Produce Grading and Marking Rules and various provisions of the National programme for Organic Production notified by the Director General of Foreign Trade, Ministry of Commerce and Industry, Government of India, vide Notification No. 72(RE-2003)/2002-2007 dated the 21st July-2004 and as revised from time to time and based action taken by the National Accreditation Body, take further appropriate action against the concerned agency.
Sign Seal Dated this day of For Authorised Inspection and Certification Agency 24 FORM- 5 [see rule 20(2)] Declaration To, The Agricultural Marketing Adviser to the Government of India I/We, ………………………….. of ………………… declare that we have been granted License no. ……………… dated ………….. to use of the “AGMARK INDIA ORGANIC” Insignia, and we undertake to be subjected to the Rules for “AGMARK INDIA ORGANIC” Grade Designation Mark under Organic Agricultural Produce Grading and Marking Rules.
Signature------------------------ Dated --------------------------- 25 FORM- 6 [see rule 20(9)] Product Certificate of Agmark India Organic Grading No.
Product:
Quality:
Harvest:
Origin:
Packing Units:
Net Weight:
Invoice No. :
Name and address of the seller Name and address of the buyer:
Declaration:
This is to certify that the products designated above have been obtained in accordance with the guidelines of production and inspection of the organic production and operation of the organic production method and monitored by _____ (Name of the certifier).
Remark:
Date____________ Signature Place____________ Seal Period of Validity:
File No. 18011/1/2007-M.II (RAJENDRA KUMAR TIWARI) Joint Secretary (Marketing) [PUBLISHED IN THE GAZETTE OF INDIA (EXTRAORDINARY), PART II, SECTION 3, SUB-SECTION (i)] MINISTRY OF AGRICULTURE DEPARTMENT OF AGRICULTURE AND CO-OPERATION Notification New Delhi, Dated: the 20th May, 2011 G.S.R. 394(E).- Whereas the draft of Organic Agricultural Produce Grading and Marking (Amendment) Rules, 2011, was published as required by section 3 of the Agricultural Produce (Grading and Marking) Act, 1937 (1 of 1937) in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide notification number G.S.R.54 (E) dated the 31st January,2011 inviting objections and suggestions from all persons likely to be affected thereby within forty-five days from the date on which copies of the said notification published in the Gazette of India were made available to the public;
And whereas copies of the said notification were made available to the public on the 5th February, 2011;
And whereas the objections and suggestions received from the public in respect of the said draft rules have been duly considered.
2. Now, therefore, in exercise of the powers conferred by section 3 of the Agricultural Produce (Grading and Marking) Act, 1937 (1 of 1937), the Central Government hereby makes the following rules, namely:- RULES
1. (1)These rules may be called the Organic Agricultural Produce Grading and Marking (Amendment) Rules, 2011.
(2)They shall come into force on the date of their publication in the Official Gazette.
2. In ��the Organic Agricultural Produce Grading and Marking Rules,2009, in rule 14,- (i) in sub-rule (1), for the words “Additional Secretary” the words “Joint Secretary” shall be substituted;
(ii) in sub-rule (2), for the word “representative” the words “Additional Secretary” shall be substituted.
[F.No18011/1/2007-M.II] RAJENDRA KUMAR TIWARI Joint Secretary (Marketing) ------------------------------------------------------------------------------------------------------------ Note: The principal rules were published in the Gazette of India (Extraordinary), vide G.S.R. No. 534 (E), dated 18th July, 2009.