REGD.NO. D.L.-33004/99 The Gazette of India
EXTRAORDINARY
PART II—Section 3—Sub-section (ii)
PUBLISHED BY AUTHORITY
No. 137] NEW DELHI THURSDAY, MARCH 1, 2001/PHALGUNA 10,1922
634 GI/2001
(1) ±PAKT l[h:?EC-_3
^===================JE^
3 4 ___ T HE G A Z E T TE OF I N D IA : E X T R A O R D I N A RY [PART I I — Sw 3 (u)l 5 ^ THE GAZETTE OF INDIA : EXTRAORDINARY (PART II—$tc. 3 (n)] 7 8 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—Stc. 3 (ii)l 9 MINISTRY OF COMMERCE AND INDUSTRY
(Department of Commerce)
ORDER
New Delhi, the 1 st March, 2001
S.0.18S(E).— Whereas, in exercise of the powers conferred by section 6 of the Export (Quality Control and Inspection) Act, 1963 (22 of 1963), the Central Government is of the opinion that it is necessary and expedient so to do for the development of the Export Trade of India and Basmati Rice should be subject to quality control and inspection prior . to export,
And whereas the Central Government has formulated the proposals specified below for the said purpose and has forwarded the same to the Export Inspection Council as required by sub-rule (2) of rule 11 of the Export (Quality Control and Inspection) Rules, 1964.
Now, therefore, in pursuance of the said sub-rule the Central Government, in supersession of the notification of the Government of India in the Ministry of Commerce S.O. No.2538 and 2539 dated 14th September, 1990 relating to Basmati Rice, hereby publishes the said proposals for the information of the public likely to be affected thereby.
2. Notice is hereby given mat any person desiring to forward any objections, or suggestions with respect to the said proposals may forward the same within thirty days from the date the Order is. made available to public to the Export Inspection Council, Pragati Tower, 11th Floor, 26, Rajendra Place, New Delhi-110008.
PROPOSALS
(1) To notify that Basmati Rice shall be subject to quality control and inspection prior to export;
(2) To specify the type of quality control and inspection in accordance with the export of Basmati Rice (Inspection) Rules, 2001(Annexure-I), as the type of quality control and inspection which shall be applied to such Basmati Rice prior „ to export;
(3) To recognize -
a) the national, standards of importing countries and international standards;
63M6rt_\tooi-2.
10 THE GAZETTE OF INDIA : EXTRAORDINARY |PART II—SEC. 3(ii)] (b) the contractual specifications agreed to between the foreign buyer and the exporter and may include optional tests such as alkali score, Amylose content, Insoluble Amylose content, Gel Mobility, Presence of heavy metals, Pesticide residue Freedom of Rice from organisms, parasites and fungi:
Provided that such specifications are not below the minimum specifications stipulated in Schedule I to III appended to this Order;
(c) the grade designation formulated under Basmati Rice (Export) Grading and Marking Rules, 2000.
Provided that such specifications are in conformity with clause (a);
(d) in the absence of contractual specifications, minimum specifications set out in Schedules to this Order:
Provided that the specifications under clause (a), (b), (c) and (d) shall also conform to the Food Laws; if any, in force in the importing country;
(4) prohibits the export, in the course of international trade of Basmati Rice unless a mark or seal recognized by the Central Government indicating that it conforms to the standard specifications applicable to it has been affixed or applied to packages or containers of such Basmati Rice and is accompanied by a certificate of Inspection/Grade issued by any of the agencies established under section 7 of the Export (Quality Controland Inspection) Act, 1963 (22 of 1963) including its Sub Offices located at various parts of the region or Agricultural Marketing Adviser to the Government of India to the effect that such Basmati Rice conforms to the aforesaid standard specifications and is exportworthy.
2, Nothing in this Order shall apply to export by sea, land or air of samples of Basmati Rice, the value of which shall riot exceed permissible limits laid down in Exim Policy from time to time and where no such provisions exists, the value shall not exceed Rs.250/- to prospective buyers.
3. In this Order, "Basmati Rice (Oryza sativa)" shall mean Basmati Raw Milled Rice, parboiled Rice and Dehusked unpolished (Brown) Basmati Rice and parboiled brown Basmati Rice produced in India as given in Schedule I ' Traditional Indian Basmati Rice and Schedule II 'Evolved Indian Basmati Rice. The specifications given in Schedule I and II apply Basmati Rice varieties grown in Haryana, Punjab and Western part of Uttar Pradesh, all forming part of Indo Gangetic Plain beneath the Himalayan range in the designated areas.
,
^
I /
C T
! /
SCHEDULE-1
TRADITIONAL INDIAN BASMATI RICE
'
Minimum Maximum Grade
Elongation Green Grain
Ratio
Max. Paddy Grain %
% Maximum Moisture %age
Min. L/B Ratio
Average Precook Length in mm
Min. Precook Length in mm
Max. Foreign Matter %
Max. Damaged Discoloured Grain %
Max. Chalky Grain %
Max. other Grain %
Max. Brokent Fragments %
Max. Other Rice varieties %
Max. under Milled & red stripped grain %
1
12
13
14 4
8
3
7
15
9
2
6
5
io Tii
For Milled Rice
2
5
Special
0.10
6.6
1.7 1.7 0.5 C.7
6.6
0.10 0.10 0.20
8 15
0 25 0.40
2.0 2.5 3.5
0.1 0.2 0.3
1 7 6.6^
7.1 ! 3.5 7.0 j 3 5 6.8 ! 3.5
14 14 14
1.0
3 ^ 5 7
3 5
•A' 'B1 For Parboiled Milkd Rice Max. Black
5 2.0
0.10 __i
1.5 1 5
3
0.10 0.25 0.40
-0.10 0.20
h3.5~
0.1 0.2 0.3
6.6 6.6 6.&-
7.1 7.0 6.8
14 34 14
0.5 0.7 1.0
Kernels % 0.1 0.5 1.0
1.5 Special 'A' !B"
3.5 3.5 35
L5
For Browa Rice
Max. Chalky
M14
Kernels "i 3 5
8
Oil) 0.50
1 ./ 1.7
2.U 2.5
0.5 0.7
0.2 0.5
7.0 7.0
15
0.80
1.7
2.0 4.0 6.0 14
LOO
6.8 _,
3.5 3.5 3.5
Special •A' ' B'
1.0
35
0.1 U 0.30 1 0.20 "1
7 • For Parboiled Brown Rict Max. Black
14 0.5
2
Special 7.0
2.0 4.0
0.2 0.5
1.5 1.5 7A ! 3.5 7.2 | 3,5
3
02 05 0.8
5 8 15 3.5
6.0
K.emtls "-o 0.5 1.0 2.0
1.5 •A' 7.0 :B' 6.8
i-i 0.7 1^ 1 1.0
5
h.o p.5
1 2
SCHEDULE-!]
_ EVOLVED INDIAN B ASM ATI RICE
1 2 3 j4 5 7 For Milled Rice
! I? L3 114
^_ 1 0.10
T H E
L P - ' _ - -_ 1.7 1.7
L P2
ii.3
' 3 .5 1 14 l_14 14
Special VV 'FT
6.6 6.6 6 6
7.1 70 68
0 5 U 7 i •) :
3 s
1.7
0 10 ; 0.25 | 0 40 !
2.!) 2 " 3.5
0.20 15
For Brown R i"
-,
u 5
3 5 [ 54.0 i 14 0
-'
t 2 0 10 5
0.20
G A Z E T T E
-V!
T ;-
4 0.10 ? " "-
3.f 3 5
74 7.2 7.0
t 14.0
7.0 [19 6.8
For Parboiled Milled Rice Ma. rttack
0 ^0
• 0.K0 1.7
0.20 0.50 '. .00
I
( " i;
I
2.0
jO.10
16.6
! S Special 'A'
.1.6 j
3.5
p7.0
0 7 1
:
-3 5
•01 " ^2
5 8 15
0 40
14.0 14 0 14.0
6.8
6.6
uu 11.5 - for t'arnoilcti OroHa Kice
2
* U.O
3.5
7.0
[S^e.-iai
: 14 0
1.5
7.0
2 4 0.: 01 1
^2
E X T R A O R D
1.5 1.5 1.5
5 1 °-5 -. i.u
; L4.0
! 'J-5 Tu.7 ! l . ii
7.4 IT2 7.0
.1.5
6.JS
--.-Br — -
L6 5 S ^•5 _„_ 3.5 I
0.2 0.5 08 '
I
P A R T
I I
—
S E C
3
- O F N D i 0 .1 {{^{{FOOTNOTE 1}}}} T .? 5 A "5.5 N A R Y ↩
( r i ) ] SCHEDULE-m INDIAN LONG SLENDER GRAIN RICE
.1 2 3 '4 5 6 7 8 |9 | 10 11 I 12 13 14 15 For Milled Rice
i
Special
14.0
- - 6.6 6.6,'
0.5 0.7
3 5
3
0.10 0.10
" A' B'
7.1 7.0 6.8
3.5 3.5 3.5
0.10 0.25 0.40
5 8 15
2.0 2.5 3.5
0.1 0.2 0.3
1.6 1.6 1.6 6.6:"
14.0 14.0
1.0
5
0.20
ror Brown Kice
7
5
15
15
n6.6
ho:7 " i
14
Kernels % 0.5 3.0
- 3 5 7.4 7.2 5 8 1.6 1.6 7.0 7.0 6.8 0 20 0.50 0.80 2 ^ 4 6 3.5 3.5 3.5 0.20 0.50 1.00 0.10 0.10 0.20 2.0 ! 2.5 1 3.5 7.0 14.0 14.0 14.0 0.5 0.7 1.0 1.6 Special 'A' 'B' For Parboifed Milted Rice ,0.5 6.6. 2.0 2.5 ^5 " 2 3 5 0.1 0.25 0.40 0.10 0.10 0.20 Special 'A'. 'B' 7-1 , 7.0 6.8 3.5 1.0 0.1 0.5 1.0 5 8 15 3.5 0.1 ! 1.5 0.2 ; 1,5 0.3 j 1.5 - 6£ 14.0 14.0 14.0 For Parboikd Brow a Rice Max. Black 7.0 0.2 ! 1.5 0.5 2.0 4.0 2 3 2.0 2.5 7.0 7.4 12 0.2 0.5 0.10 0.10 0.7 6.0 3.5 3.5 3.5 0.5 I M 0.8 | 1.5 6.8 7.0 14 14 2.0 1.0 0.20 5 8 15 3.5 ↩
- 1.0 Special A{{^{{FOOTNOTE 1}}}} 'B' ↩
_J ^ General Characteristic :-
.
- J J !
g _
.
G A Z E T T E
O F
I
N D
I
A 1. "Foreign matter" includes dust stones, lumps of earth, chaff, stems or straw and any other impurity. 2. "Brokens and fragments" includes pieces of rice kernels which are Jess than three fourth of a whole kernel shall be treated as fragments. 3. ""Other rice" shall consist of contrasting and/or inferior varieties of rice. 4. Green grains shall be the kernels, whole or broken., which are greenish in colour. 5. Red grains shall be the kernels, whole or broken, which have their surface coated with red grain. 6. "Damaged, discoloured grains" includes rice kernels, broken, fragments of whole that are internally damaged or discoloured materially affecting the quality. 7. Chalky grains snail be the grains atleast half of which are .milky white in cokHir and brittle in nature. 8. Brown Rice - Rice when the husk is removed having bran intact on the kernels. 9. Raw Milled Rice - Rice kernel obtained after the process of shelling and milling of the paddy resulting in removal of bran from brown rice. 10. Brown Rice Parbaled - Rice Grain obtained when paddy is parboiled and husked-'shelled- 11. Raw Parboiled Rice - Rice Grain obtained when paddy, is parboiled, husked and milled resulting in the removal of bran frem brown parboiled rice. 12. Elongation Rati (ER) - It is the ratio of the length of cooked rice to that of uncooked rice. It measures the expansion length upon cooking. 13. LTB Ratio - the ratio of the length (L) of a grain to its breadth (B). 14. Red Streaked Grain:- Grain that has streaks of red bran layer on the surface. 15. Shelling: Removing husk from paddy. 16. Tip Broken: Milled rice whose germ end tip is broken. 17. Undermilled Grain: Grain whose bran portion is not completely removed during polishing or which has substantial bran streaks left on it
^ E X T R A O R D
I
N A R Y
[F No. 672/2000-EI&EP] E. K. BHARAT BHUSHAN, Jt. Secy.
_ _ J
P A R
I
I I - .
S h r
3
( i i ) ] 15
ANNEXURE-I In exercise of the power conferred by section 17 of the Export (Quality Control and Inspection) Act, 1963 (22 of 1963) and in supersession of the Export of Basmati Rice (Inspection) Rules, 1990 except as respects things done or omitted to be done, before such supersession the Central Government hereby makes the following rules, namely:-
1. Short title and commencement - (1) These rules may be called the Export of Basmati Rice (Quality Control and Inspection) Rules, 2001.
2. Definitions - In these rules, unless the context other wise requires -
(a) 'Act' means the Export (Quality Control and Inspection) Act, 1963 (22 of 1963); (b) 'Agency' means any of the Export Inspection Agencies established by the Central Government at Bombay, Calcutta, Cochin, Delhi and Madras under section 7 of the Act for inspection or the Agricultural Marketing Adviser to the Government of India or; any other officer authorised on his behalf for inspection;
( c) 'Council' means the Export Inspection Council established under section 3 of the Act;
(d) 'Basmati Rice (Oryza saliva) shall mean Basmati Raw Milled Rice, parboiled Rice and Dehusked and Unpolished (Brown) Basmati Rice and Parboiled brown Basmati Rice produced in India.
(e) India's Traditional Basmati Rice means Traditional Basmati Rice which shall be dried mature kernels of Oryza sativa of uniform shape, size and colour. The plant shall be photo-period sensitive, tall varieties (now notified under the Seed Act, 1966 as Basmati 370, Basmati 386, Type-3, Taraori Basmati (HBC-19), Basmati 217 and Ranbir Basmati (IET-11348) grown in the designated geographical areas. These shall be termed as Traditional Basmati Rice.
(f) India's Evolved Basmati are varieties that have been developed by being crossed with a traditional basmati at the first instance and released as a Basmati (namely, Pusa Basmati-I(IET-10364), Pubjab Basmati -(Bauni Basmati), Haryana Basmati -(HKQ 228/IET 10367), Kasturi IET-8580 and Mahi Sugandha. These shall be termed as Evolved Basmati.) These are rice varieties that have as one of the parents necessarily a Traditional Basmati and is grown in the designated gepgraphical areas as defined for Traditional Basmati.
(g) Long Slender Grain Rice: Traditional and Evolved Basmati Rice varieties grown outside the designated areas shall be referred to as Indian Long Slender Grain Rice. 3- Basis of Inspection ::- The inspection of Basmati Rice shall be carried out with a view to seeing that the same conforms to the standard specifications recognized by the Central Government underr;section 6 of the Act, either- 16 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)1 (a) by ensuring that the product has been processed by exercising necessary in-process quality controls approval/certification system as prescribed by the Council; or (b) on the basis of inspection and testing carried out in the manner prescribed by the Council.
4. Procedure of Inspection - (1) An exporter intending to export a consignment of Basmati Rice shall give an intimation in writing to the Agency furnishing therein detail of the contractual specifications alongwith a copy of the export contract or order alongwith specific requirement of the importer or importing country in regard to tests to be conducted such as Alkali Score, Total Amylose, Insoluble Amylose, Gel mobility or any other tests to enable the Agency to carry out inspection in accordance with rule 3.
(2) For export of Basmati Rice processed by exercising adequate inprocess quality control as prescribed by the Council and the processing unit adjusted as having adequate inprocess quality control drills by a panel of experts constituted by the Council for this purpose, the exporter shall also furnish alongwith the intimation mentioned in sub-rule (1) a declaration that a consignment of Basmati Rice intended for export has been processed by exercising adequate quality control as prescribed by the Council and th^ consignment conforms to the standard specification recognized for the purpose. (3) Every intimation under sub-rule (1) shall be given not less than 2 days before the inspection to be carried out at the premises situated at the same station where the office of the Agency is located and not less than 10 days before the inspection to be carried out at the premises which are not situated at the same station where the office of the Agency is located. (4) On receipt of the intimation under sub-rule (1) and the declaration, if any, under sub rule (2), the Agency:-
(a) on satisfying itself that the Milling unit/Processing unit has exercised adequate quality control as prescribed by the Council in this regard to ensure that the product conforms to the standard specification recognized for the purpose, shall, within 2 days issue a certificate declaring the consignment of Basmati Rice as exportworthy.
(b) in a case where the processor is not the exporter, shall physically verify and inspect the consignment and such verification and or inspection, if necessary shall be carried out to ensure that the above conditions are complied with.
5. (a) The Agency shall, however, cany out the spot check of some of the consignment for export and also monitor the processing units at regular intervals to verify the adequacy of inprocess quality control drill adopted by the unit. If the Milling unit/processing unit is found not maintaining the required quality control measure at any stage of the process or does not comply with the recommendations 17 of the Council/Agency, the unit shall be declared as not having adequate in process quality control drills. In such cases, the unit if so desires, shall apply afresh for adjustment of the maintenance of adequacy of inprocess quality control drills.
(b) In case where the exporter has not declared under sub-rule (2) that latest adequate quality control as laid down by the Council had been exercised, the Agency, on satisfying itself that the consignment of Basmati Rice conforms to the standard specifications recognised for the purpose on the basis of inspection and testing carried out as laid down by the Council, shall within 2 days or 10 days as the case may be issue a certificate declaring the consignment of Basmati Rice as exportworthy. Provided that where the Agency is not satisfied, it shall refuse to issue a certificate to the exporter and shall communicate such refusal within 2 days or 10 days, as the case may be to the exporter alongwith the reasons therefor.
(5) Subsequent to certification, the Agency shall have the right to reassess the quality of the consignment at any place or storage, in transit or at the ports before its actual shipment. (6) In the event of the consignment being found not conforming to the standard specifications at any of these stages, the certificate of inspection originally issued shall be withdrawn.
5. Packing and Marking - (a) An exporter intending to pack Basmati Rice for export after preparing the consignment as per these rules shall pack in standard new gunny bags/ canvas bags, with inner polythene/carboard cartons multilayer polylaminates or as per specific requirements of the buyer.
(b) The following information shall be stenciled or printed on bag or packages:
1. Name and address of the exporter; 2. Variety; 3. Grade; 4. Lot Number; 5. Gross Weight and net weight; 6. Product of India; and 7. Shipping Mark
6. Place of inspection - Inspection for the purpose of these rules shall be carried out at the premises of the exporter where the goods are offered for inspection, provided that adequate facilities exist therein for inspection.
7. Inspection Fee - A fee at the rates prescribed for the purpose of inspection shall be paid to the Agency as inspection fee for consignmentwise inspection and inproeess quality control respectively.
J_8 THE GAZETTE OF INDIA : E X T R A O R D I N A RY . [PARI II—SEC. 3(ii)| 8. Appeal:
(a) Any exporter aggrieved by the refusal of the Agency to issue the certificate of inspection may within 10 days of the receipt of the communication such refusal prefer an appeal which shall be referred by the Agency to a panel of Experts consisting of not less than three, but not more than seven persons appointed for the purposes by the Central Government.
(b) at least two thirds of the total membership of the Panel shall consist of non-officials.
(c) the quorum of the Panel shall be :-
(i) in case the panel consists of 3 or 4 member two and (ii) in any other case three:
the appeal shall be disposed of within fifteen days from its receipt;
(d) the decision of the Panel on such appeal shall be final.
Printed by the Manager, Govt. of India Pram, Ring Road, Mayapuri, Now Dolhi-110064 and Published by the Controller of Publications Delhi-110054 — 2001