Page 166 - ELT_1st August 2020_Vol 373_Part 3

348 EXCISE LAW TIMES [ Vol. 373

“(a) Witches broom (Collectotrichum gossypii var. cephalosporioides)
(b) Bacterial blight (Xanthomonas campestris pv. malvacearum (African strain)
(c) (Anthonomus grandis & other Anthonomus spp.)
(d) Seed bruchids (Amblycerus spp., Megacerus spp., Spermophagus spp.).’’
25. It is stated that if the cotton seeds are imported in crushed-kibbled
form for consumption purpose, then the associated risk of the above mentioned
pests is minimised. It is further stated that if the cotton seeds are imported into
India in wholesome form and thereafter, crushed/kibbled on entry, then it may
pose a threat to our biodiversity and may adversely affect the production of cot-
ton. As host plant is available in large quantity in India and if during unloading
consignment, transportation or during the process of crushing/kibbling or grind-
ing, it comes in contact of the host plant, directly or indirectly, then it may pose
great threat to host plant and may spread at a faster rate as a result of availability
of host. It may damage the entire crop and the bio-security will be exposed to
such threats.
26. As regards the query as to how animal feed, which are imported,
would impact plant/bio-security, it is stated that cotton is an economically im-
portant crop and introduction of the above devastating pests will lead to eco-
nomic loss, directly affecting the livelihood of farmers and textile industry and
shall also affect the export of cotton and hence, it is considered as a biological
threat. Once the plant quarantine clearance is given, there is no way to trace the
use of the commodity, whether they are used for consumption or sowing or
crushed-kibbled or processed for any other purpose. Moreover, there are chances
of whole seeds escaping during transportation/handling for the purpose of pro-
cessing and the seeds can even be misused for sowing purposes, which is a grave
threat.
27. Insofar as the object behind amending Entry No. 19 of Schedule-VII
of the Plant Quarantine Order is concerned, a copy of the Draft Notification F.
No. 8-21/2017-PP-II was placed on record, which indicates that the intention be-
hind introducing the definition of “animal feed” is that they have been receiving
representations to elaborate the definition of “animal feed” as entered in Sched-
ule-VII of the Plant Quarantine Order. Many importers bring in cotton seeds to
use as animal feed, but the Plant Quarantine officers are not convinced about the
final use of the cotton seeds and take action to deport/destroy the consignment
as cotton seed is not allowed to be imported into India as per the Plant Quaran-
tine Order. These importers then apply for relaxation of the Plant Quarantine
Order and when their request is rejected, they appeal to the Court seeking relaxa-
tion. To overcome this situation, it was advised that an elaboration of the defini-
tion of Animal Feed may be drafted and accordingly, it was proposed that the
following explanation for animal feed be included :
Animal Feed — Kibbled-crushed seeds/pellets/dried cake form thereby
denatured and free from weed seeds, bacterial and fungal pathogens.
28. This, in sum and substance, is the object behind introducing the def-
inition of “animal feed” in the Plant Quarantine Order, which has a serious im-
pact on the business of the petitioner and similarly situated persons. As is evi-
dent from the draft notification, the sole reason behind introduction of the
amended definition of “animal feed”, that the Plant Quarantine officers are not
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