GENERAL GRADING AND MARKING RULES, 1988

• Short title and application: -
  • These rules may be called the General Grading and Marking Rules, 1988.
  • They shall app1y to all articles of agricultural and other produce included in the Schedule to the Act.
  • They shall come into force on the date of their publication in the official gazette.
• Definitions: - In these rules, unless the context otherwise requires: -
  • "Act" means the Agricultural Produce (Grading and Marking) Act, 1937 (1 of 1937);
  • "Agmark grading" means grading, of an article in accordance with the grade standards prescribed under the provision of the Act;
  • "Agmark label" means, the label specifying name. of commodity, grade designation and bearing prescribed insignia ;
  • "Agmark ,replica" means a grade designation mark, in lieu of Agmark label consisting of prescribed design with the word "AGMARK" and the Certification of Authorisation number ;
  • "Agricultural Marketing Adviser" means the Agricultural Marketing Adviser to the Government of India;
  • "Authorised packer' means a person or, a body of persons who has been granted, Certificate of Authorisation to grade and mark an article under, provisions of the Act.
  • "Authorised premises" means the premises, specified in the Certificate of Authorisation where alone the grade designation marks may be applied;
  • "Approved Chemist" means Chemist approved by the competent authority to undertake 'Agmark grading;
  • "Approved laboratory" means laboratory approved by the competent authority for testing of an article for Agmark grading.
  • "Central Agmark Laboratory" means the apex laboratory of the 'Directorate of Marketing and Inspection;
  • "Certificate of Authorisation" means a certificate in prescribed proforma issued under these rules authorising a person or body of persons to grade and mark an article with grade designation mark ;
  • "Certificate of Agmark Grading" means a certificate in prescribed proforma issued by an authorised Officer in respect of Agmark grade consignment meant for export ;
  •  "Consumer" means. a person or a body. of persons who has. purchased the article for personal domestic or household use or consumption;
  • "Directorate" means Directorate of Marketing and Inspection of the Government of India:
  • "Marking" includes stamping grade, desigration mark on article or affixation of Agmark labels or printing/stencilling of Agmark. replica on :the covering or container;
  • "Prescribed' means prescribed under Rules of instructionissued under the provisions of the Act;
  • "Regional Agmark Laboratory" means a laboratory set up by the Directorate of Marketing and Inspection for testingscheduled articles;
  • "Trade Brand Label" includes private marks, brand, label, pictorial representation, use or proposed to be used by an authorised packer; and
  • "Date of expiry" means thedate by which the product should be consumed.
• Grant of Certificate of Authorisation
  • Any person or body of persons desirous of being authorised to grade and mark an article under the provisions of the Act shall apply to the Agricultural Marketing Adviser or any other officer of the Central or State Government authorised by the Agricultural Marketing Adviser.
  • An application for authorisation shall be accompanied by:-
    • Proprietorship declaration or partnership deed or Memorandum and Articles of Association or Bye-laws of the Society, as the case may be;
    • blue print of the premises proposed to be used to grade and mark the commodity;
    • ownership declaration on non-judicial stamp paper about the premises or the consent of the owner of thepremises:
    • consent of approved laboratory, grinding mill etc. wherever applicable;
    • Specimen copies of trade brand label, if any alongwith declaration about ownership of the trade brand label and an undertaking to use the same on permission, for Agmark graded product only;
    • Prescribed fee, if any, for grant of Certificate of Authorsiation; and
    • any other particulars as may be specified from time to time:
  • An application for authorisation shall be signed by the proprietor, partner or the Managing Director of the firm or by any other person authorised to sign any declaration on behalf of the firm.The name and designation of the person, signing the application shall be clearly recorded in the application.
  • The application for authorisation shall be submitted through :-
    • the concerned State authority and/or office of the Directorate in respect of gradingfor domestic market; and -
    • the nearest office of the Directorate in respect of grading for export.
  • On receipt of the application for authorisation, the concerned authority shall make necessary arrangements for verification of the bonafides of the applicant and inspection of the premises, laboratory, processing units etc,. and on being satisfied teat the applicant is a fit and proper person to receive the Certificate of Authorisation, shall forward the application with recommendationfor issue of Certificate of Authorisation to the competent Authority.
  • A certificate of Authorisation shall be issued to the applicant by the Agricultural Marketing Adviser or any officer of the Central or State Government authorised by the Agricultural Marketing Adviser.
  • Each Certificate of Authorisation shall state :-
    • the name, style and address of the authorised packer;
    • the article to which alone the grade designation marks may , under the Certificate be applied;
    • the name of approved laboratory, process nation marks may be applied;
    • the period for which the Certificate is valid; and ,-
    • the name of approved laboratory, processing unit, trade brand label, etc., wherever applicable.
  • it shall be the condition of every certificate of authorisation :-
    • that grade designation marks shall be applied only to the article(s) mentioned in the Certificate of Authorisation, during the validity period and at the premises therein mentioned;
    • that during the operation of the Certificate, the authorised packer shall, at all reasonable times, give access to the premises named therein to any person duly authorised by the Agricultural Marketing Adviser and shall provide him facilities for ascertaining that marking is correctly performed;
    • that the authorised packer shall keep a record of the number of package marked with each grade designation mark and will permit any person duly authorised by the Agricultural Marketing Adviser to examine the record;
    • that the authorised packer shall permit any person duly authorised by the Agricultural Marketing Adviser to open and inspect any package bearing a grade designation mark or to take samples of any graded produce. provided that all samples shall be paid for;
    • that any person duly authorised by the Agricultural Marketing Adviser may cancel or remove a grade designation mark from any produce should such produce be found to be not conforming to the definition of quality prescribed for the grade designation assigned;
    • that all the rules made under the Act and all instructions relating to grading and making of an article under provisions of the Act which may be issued by the Agricultural Marketing Adviser or the officer authorised by him/her from time to time shall be observed;
    • that the authorised packer shall be responsible to prohibit the sale and arrange for with. drawing from market, after the date of expiry, wherever prescribed all the packages graded and marked by him;
    • that the authorised packer shaft be responsible if any person representing the firm indulges in any malpractice’s or obstructs the authorised officer in discharge of his official duties; and
    • that the authorised packer shall handover the Certificate of Authorisation to Agricultural Marketing Adviser or any officer authorised by him/her on demand in writing at any time and obtain a proper receipt therefore.
• Renewal of Certificate of Authorisation
  • The Certificate of Authorisation shall be valid, for a period of five years from the date of issue and thereafter, will be renewed, on the basis of grading performance and on application by the packer, for subsequent financial years.
  • The application for renewal of the certificate shall be submitted in the prescribed form alongwith the Certificate of Authorisation and fee for renewal. as may be prescribed, not later than thirty days before expiry of validity, and no application for renewal of Certificate of Authorisation shall be entertained beyond 30 days of expiry of validity period.
  • On receipt of the application for renewal and after verifying the grading performance and payment of Government dues, .the competent authority, namely Agricultural Marketing Adviser or any officer of the Directorate or State Government authorised by the 'Agricultural Marketing Adviser in this behalf, will renew glow the Certificate of Authorisation for a period .of five Years at a time and return the same to the packer.
  • The authorised packer, having submitted the application for renewal within the prescribed period, and unless specifically informed otherwise, may continue the grading beyond validity period of the certificate in anticipation of its renewal, 18--22 Date. of M & I/96
  • If the authorised packer is not desirous of continuing grading work the Certificate of Authorisation shall be returned within one month after expiry of validity period to the issuing authority for cancellation.
• Changes in the Certificate ot Authorisation
  • Any change in the name, style or address of the authorised packer shall be communicated, alongwith the Certificate of Authorisation, to the certificate issuing authority, within a period of 30 days, lot incorporating the same in the certificate.
  • If the authorised packer desires any changes in the premises, an application alongwith the requisite documents shall be submitted to the Agricultural Marketing Adviser or any other officer of the Central or State Government authorised in this behalf by the Agricultural Marketing Adviser, who after ascertaining suitability of proposed premises shall record the same in the certificate.
• Issue of duplicate Certificate of Authorisation
  • If the Certificate of Authorisation is damaged, mutilated or lost, the authorised packer shall apply, in the prescribed form, to the Certificate issuing authority for issue of duplicate certificate alongwith the damaged/mutilated certificate or an affidavit in prescribed form and copy of the F.I.R.. for lost certificate and prescribed fee if, any. A duplicate certificate shall accordingly issued to the authorised packer,
• Suspension or Cancellation of CertifiCate of Authorisation
  • Any Certificate of Authorisation may be suspended or cancelled by the Agricultural Marketing Adviser or any other officer to the Directorate or State Government authorised by the Agricultural Marketing Adviser in this behalf, if he is satisfied :
    • that the authorised packer has not applied the grade designation marks correctly; or
    • that the authorised packer has contravened any .of the provisions of the Act; or
    • that the authorised packer has violated any rule or has failed to comply with any of instructions issued under the provisions of the Act.
  • No certificate of Authorisation shall be suspended or cancelled, unless;
    • a notice in writing has been given to authorised packer, at the address stated in the certificate of Authorisation, conveying the intention to do so stating the grounds for the proposed action; and
    • giving him an opportunity to furnish the explanation, if any, within a period of 14 days from the date of receipt of the notice.
  • If after careful consideration of the explanation furnished, if any, by the authorised packer, the competent authority decides to suspend or cancel the Certificate, the concerned packer shall be so intimated with instructions to discontinue forthwith grading and marking of the commodity and to surrender Certificate of Authorisation, grading and marking equipments, Agmark labels and containers bearing Agmark replica etc. to the Directorate.
•  Approval of laboratory
  • In respect of a commodity which requires laboratory testing for quality assessment, the applicant/ auhorised packer shall, with the approval of Agricultural Marketing Adviser or any other officer of the. Directorate or State Government authorised by the Agricultural Marketing Adviser in this behalf, either:-
    • set up his own laboratory as per prescribed norms, or
    • have access to an approved State Grading Laboratory or Co-operative/Association Laboratory .or a Private Commercial Laboratory.
  • Private commercial laboratory shall be accorded approval for grading and marking of an article under provisions of the Act :
  • Provided there is no State Grading Laboratory at the centre and/or on specific recommendations of the concerned State Authorities.
  • Provided further that the owner of the private commercial laboratory executes a surety bond or gives security deposit for an amount as may be prescribed by the Central Government.
  • Approval of a laboratory, whether packer's own laboratory, or State grading laboratory,or Co-operative/Association laboratory, or private commercial laboratory; may be withdrawn by the competent authority if there are sufficient reasons to believe that the grading and marking is not correctly done and or that the rules and instructions issued thereof are not followed provided that a 14 days notice, in writing, shall be given to the owner of the laboratory, and an opportunity given for showing cause why the - approval should not be withdrawn. 
• Grade designation marks
  • Grade designation marks shall consist of Agmark labels of different types, namely, tie-on-labels paste-on-labels, Banderol labels, etc. Each Agmark label shall carry letters indicating series and serial number.
  • The State authorities and the approved laboratories shall obtain their requirements of Agmark labels from Date.
  • Use of "Agmark Replica" in lieu of Agmark labels will be allowed only by such authorised packers to whom specific permission to this effect has been granted by the Agricultural Marketing Adviser or an officer authorised by him in this behalf.
  • The permission to use "Agmark Replica" .in lieu of Agmark labels may, on receipt of application in the prescribed form., be granted provided that the applicant has been holder of Certificate of Authorisation at least two Preceding years and during which the grading performance has been satisfactory and has used not less than 50 thousand Agmark labels per annum. However, depending on the merit of individual case, these conditions may be relaxed.
  • The "Agmark Replica" bearing containers shall be printed and/or manufactured only by such printing press or manufacturing unit which has been permitted for the purpose by the Agricultural Marketing Adviser or an officer authorised by him in this behalf.
  • It shall be the condition for use of Agmark Replica that the detailed instructions issued for the purpose shall be strictly adhered to and any violation thereof shall lead to withdrawal of permission so granted without any notice.
• Packing and marking:-
  • An article graded in accordance with the provisions of the Act, shall be packed in the manner and using the type of packaging material and the pack sizes, by weight or number as prescribed for the said article:
  • Provided that relaxation modification in the mode of packing of a graded articles may be allowed, on receipt of written request from the authorised packer, by the Agricultural Marketing Advisor or any other officer authorised by him in this behalf, to meet the Specific requirement of the buyer.
  • Every package containing Agmark graded article will, in addition to the grade designation mark, carry such details like Certificate of Authorisation number, lot/batch number, date of packing, place of packing, net weight etc. as prescribed for the said article.
  • Private marks, if any, applied on the packages of Agmark graded article shall not represent quality of grade different from that indicated by the grade designation mark affixed thereon.
  • In respect of such articles where expiry period has been prescribed, the date of expiry shall be prominently marked on the packages.
• Suspension of Grading under Agmark

Withholding issue of grade designation marks. - The issue or use of grade designation marks i.e. Agmark labels of Agmark replica bearing containers, may be withheld or withdrawn by the Agricultural Marketing Adviser or a person authorised by him in this behalf without any notice, or such a period a he may consider expedient in the interest of better marketing if he is satisfied or has reasons believe that the authorised packer is not applying or is not likely to apply, grade designation marks correctly.

• Payment of charges/fees.-

The authorised packer shall pay such charges as may be prescribed by the Central Government from time to, time towards the expenses incurred in connection with the-

• grant and periodical renewal of Certificate of Authorisation;
• issue of duplicate Certificate of Authorisation;
• training of Chemists employed by the authorised packer; and
• measures for enforcing the quality control of scheduled articles marked with grade designation mark including testing of samples and inspection of such articles; or
• with any publicity work carried out to promote the sale of any class of articles.
• Power to obtain information -

Every authorised packer shall furnish, on demand, to the Agricultural Marketing Adviser or any other duly authorised officer such information, return or report in respect of any of the scheduled articles which the authority may consider necessary for carrying out the provisions of the Act.

•  Certificate of Agmark grading.-
  • Every consignment of a scheduled article graded and marked under the provision of the Act, for export shall be covered by a certificate of Agmark Grading which shall be issued in prescribed form on request to the authorised in this behalf by the Agricultural Marketing Adviser.
  • In the event of sale of Agmark graded consignment to an exporter who is net an authorised packer, the Certificate of Agmark Grading may, on written request of the authorised packer, be endorised in favour of the exporter provided:
    • that the authorised packer furnish an undertaking about the responsibility of the grade packages even after sale; and
    • that the exporter ,furnishes, a declaration that the graded consignment has been examined and found to be conforming to the quality requirements of the importer as specified in the contract.