APFF Act 17

Section 17 · Collection and Analysis of Fish Feed Sample

(1)

Samples collected as per sub-section (6) of section 16 shall be sent to Fish Feed Analysis Laboratory and Referral Fish Feed Analysis Laboratory by the Fish Feed Inspector as may be prescribed. These samples are to be preserved by both the laboratories as reference samples till the date of expiry of fish feed.

(2)

Whenever a Fish Feed Inspector intends to take sample of any Fish Feed of required quantity for analysis, he/she shall,-

(a)

give notice in writing, then and there, of such intention to the person/firm from whom he/she intends to take sample as may be prescribed;

(b)

except in special cases provided by rules made under this Act, fish feed samples are be collected only if the date of expiry of fish feed is more than Seven(7) days on the intended date of sample collection.

(c)

except in special cases provided by rules made under this Act, take four representative samples in the prescribed manner and quantity and mark and seal or fasten up each sample in such manner as its nature permits.

(d)

except in special cases provided by Rulesmade under this Act, on receipt of a complaint and on the payment of prescribed sample analysis fee, sample shall be collected from a purchaser or a consignee.

(e)

in case of collection of sample as per clause (d), name and other details of the purchaser shall be maintained in a separate register.

(f)

except in special cases provided by Rules made under this Act, whenever a sample is collected from a purchaser or a consignee the concerned licensee, i.e. vendor/ dealer/manufacturer shall be informed about the collection of sample so as to provide an opportunity to the licensee to make sure that reference sample from the same batch provided by him/her under sub-section (6) of section 16 is also analyzed along with the sample collected from purchaser or consignee.

(3)

when samples of any Fish Feed are taken under sub-section (2) the Fish Feed Inspector shall,-

(a)

deliver one sample to the person/firm from whom it has been taken under proper acknowledgement;

(b)

send another sample, for analysis to thenotified Fish Feed Analysis Laboratoryfor the area within which such sample has been collected in the prescribed manner; and

(c)

send one of the sample in the prescribed manner to Referral Fish Feed Analysis Laboratory, for analysis as and when required under sub-section (4) of section 18. The sample is to be preserved for a minimum period of thirty(30) days for analysis;

(d)

On request of the licensee and on payment of prescribed fee shall send one of the sample in prescribed manner to any Government approved fish feed analysis laboratory, for analysis. Result of such analysis may be used by the Licensee for comparison only and it shall not be used for taking or not taking any action under the Act /Rules. Result of Fish Feed Analysis Laboratory/Referral Fish Feed Analysis Laboratory shall supersede the result of approved laboratory in all cases without any exception;

(e)

If the person from whom the sample/s have been taken refuses to accept one of the samples, the Fish Feed Inspectorshall send intimation to the Feed Analysis Laboratory of such refusal and thereupon the Fish Feed Analyst on receiving the sample for analysis shalldivide it into two parts and shall seal or fasten up one of those parts and shall cause it, either upon receipt of the sample or when he delivers his report, to be delivered to the Fish Feed Inspector who shall retain it forproduction in case legal proceedings are taken;

(f)

If samples collected as per proceduredescribed under clause (d) of sub-section (2), shall send such samples to Fish Feed Analysis laboratory and Referral Fish Feed Analysis laboratory by filling prescribed forms under the Rules;

(g)

On receipt of sample as per clause (f), the Fish Feed Analyst at the concerned laboratory shall also analyze reference sample received under sub-section (6) of section 16 along with original sample. If there is any deviation in the results of original sample and reference sample, both the reports shall be referred to the Licensing Authority to take an appropriate decision based on the report given by concerned Fish Feed Inspector and field conditions. The decision of the Licensing Authority shall be final in this regard;

(h)

If fishfeed expiry date is lesser than sixty (60) days from date of collection of sample, Fish Feed Inspector shall take all necessary steps to send the samples to both Fish Feed Analysis Laboratory as well as Referral Fish Feed Analysis Laboratory immediately with a special request to analyse the samples on priority basis well before expiry date.

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