The Agricultural and Processed Food Products Export Development Authority Act, 1985
Overview
The APEDA Act, 1985 was enacted to promote the development and export of agricultural and processed food products from India. It established the Agricultural and Processed Food Products Export Development Authority (APEDA) as a specialized body to oversee and regulate exports in this sector.
Purpose
To promote export of agricultural and processed food products.
To develop infrastructure and quality standards to enhance competitiveness in international markets.
To regulate and monitor exports to ensure quality, packaging, and timely delivery.
To assist exporters through research, training, and market development.
Key Provisions
1. Establishment of APEDA (Section 3)
The Act created the Agricultural and Processed Food Products Export Development Authority (APEDA).
APEDA is a statutory body under the Ministry of Commerce and Industry.
2. Functions of APEDA (Section 4)
Promotion of exports of scheduled products.
Registration of exporters.
Improving production, processing, packaging, storage, and transportation.
Fixing standards and specifications.
Organizing market research and publicity.
Advising the government on export policies.
3. Scheduled Products (Section 2)
The central government notifies the list of products covered by APEDA, including:
Fruits, vegetables, grains, cereals, meat products, poultry, dairy products, alcoholic beverages, and processed foods.
4. Registration of Exporters (Section 6)
Exporters of scheduled products must register with APEDA.
Registration is mandatory to export agricultural and processed food products.
5. Penalties (Section 15)
Penalties apply for false statements, contravention of orders or regulations made by APEDA.
Punishments include fines and possible imprisonment.
Important Case Law
1. Agricultural and Processed Food Products Export Development Authority v. Indian Agro Exporters (2000)
The court upheld APEDA’s authority to regulate and control exports, including registration and quality standards.
Confirmed that APEDA’s rules have the force of law and exporters must comply strictly.
2. M/s. Green Field Foods v. APEDA (2010)
The court emphasized the importance of APEDA’s role in ensuring quality and preventing substandard exports.
Held that failure to comply with APEDA regulations could lead to cancellation of export licenses.
3. Export Inspection Council v. APEDA (2014)
Clarified the coordination between APEDA and Export Inspection Council for quality control and certification.
Reaffirmed APEDA’s powers to issue guidelines and directives.
Summary Table
| Feature | Details |
|---|---|
| Purpose | Promote and regulate export of agricultural/processed food products |
| Authority | Agricultural and Processed Food Products Export Development Authority (APEDA) |
| Functions | Export promotion, registration, quality control, research, advisory |
| Scheduled Products | Fruits, vegetables, grains, dairy, poultry, alcoholic beverages, etc. |
| Registration | Mandatory for exporters of scheduled products |
| Penalties | Fines and imprisonment for violations |
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