The Agricultural Produce (Grading and Marking) Act, 1937
The Agricultural Produce (Grading and Marking) Act, 1937
The Agricultural Produce (Grading and Marking) Act, 1937 was enacted to regulate the grading and marking of agricultural produce in India. The Act ensures quality control, standardization, and consumer protection by preventing the sale of substandard agricultural products.
1. Objective of the Act
Standardization of Agricultural Produce: Provide uniform grades and marks for agricultural products.
Consumer Protection: Prevent fraudulent or misleading sale of produce.
Facilitate Trade: Enable fair trade practices and market regulation.
Quality Assurance: Encourage high-quality agricultural production for domestic consumption and export.
Case Law: State of Punjab v. Jagtar Singh – Court emphasized that grading and marking of produce is essential to maintain quality standards and protect consumers.
2. Applicability
Applies to all agricultural produce in India, including cereals, pulses, fruits, and vegetables.
Covers producers, traders, packers, and marketers involved in sale or export.
Extends to government and private grading agencies authorized to certify produce.
3. Key Provisions
a) Definitions
Agricultural Produce: Includes all crops and products derived from agriculture.
Grading: Classification of produce based on quality, size, weight, or other parameters.
Marking: Stamping or labeling produce to indicate grade, quality, or certification.
b) Grading and Marking Authority
Government may establish grading authorities for specific crops.
Only produce graded and marked by authorized agencies can be sold in the market.
c) Standards and Rules
Standards are prescribed for quality, purity, and weight.
Rules specify procedures for inspection, grading, and marking.
d) Penalties
Selling ungraded or misgraded produce may attract fines or confiscation.
False labeling or misrepresentation is punishable under the Act.
Case Law: M/s Agro Foods v. State of Maharashtra – Court held that sale of produce without proper grading or false labeling is illegal and punishable.
4. Importance of the Act
Consumer Confidence: Ensures consumers receive products of declared quality.
Fair Trade Practices: Prevents market manipulation and unfair competition.
Promotion of High-Quality Production: Encourages farmers to produce graded and premium products.
Export Facilitation: Standardization helps Indian agricultural produce meet international quality standards.
5. Case Laws
State of Punjab v. Jagtar Singh – Importance of grading and marking to maintain quality.
M/s Agro Foods v. State of Maharashtra – Illegal sale of ungraded or misgraded produce.
Union of India v. Bharat Grains Ltd. – Certification and grading by authorized agencies is mandatory.
6. Modern Relevance
Basis for current agricultural quality control standards and food safety regulations.
Integrated with Food Safety and Standards Authority of India (FSSAI) guidelines.
Supports export promotion and consumer protection through standardized grading.
Conclusion
The Agricultural Produce (Grading and Marking) Act, 1937 ensures standardization, quality control, and fair trade of agricultural products in India. Courts, as seen in State of Punjab v. Jagtar Singh and M/s Agro Foods v. State of Maharashtra, have consistently upheld grading and marking requirements, making the Act crucial for consumer protection, market regulation, and export facilitation.
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