Organic, by Law

STATE GOVT MAKES IT OFFICIAL – UNAUTHORIZED IMPORT OR USE OF CHEMICAL FERTILIZERS AND PESTICIDES IS NOW A CRIMINAL OFFENCE IN SIKKIM

VISHNU NEOPANEY
The Sikkim Agricultural, Horticultural Input and Livestock Feed Regulatory Ordinance, 2014 came into operation from 21 October onwards following its promulgation by the Governor. The Ordinance seeks to give shape to a law for further promotion and regulation of procedures to achieve Organic State recognition for Sikkim in keeping with its projected deadline of December 2015. Mission Organic Sikkim, it may be mentioned here, was essentially a voluntary undertaking of farmers here with the State Government extending support and training. With the promulgation of the new Ordinance, it has now become illegal to import, sell or use chemical fertilizers or pesticides in farming or livestock management in Sikkim without prior permission of the State authorities. The pursuit of Organic Sikkim is now a legally binding.
Principal Director-Cum-Secretary, Horticulture Department, Khorlo Bhutia, who is also Mission In-charge of Sikkim Organic Mission, when contacted to explain the urgency that necessitated the promulgation of an Ordinance on the issue instead of waiting till the Winter Session of the Assembly to pass an Act, informed that the move provides more lead time for the agency to pursue the Sikkim Organic Mission with renewed vigour and clear direction and now, also legally binding mandate.
A law to this extent was required as a final push for the final year of Sikkim’s process of becoming fully Organic, the officer highlighted.
As for the Ordinance, it puts on record that, “the Governor is satisfied that circumstances exist which render it necessary for him to take immediate action”.
Meanwhile, what cannot be ignored is the politics that has attached itself to the Sikkim Organic Mission with the Opposition SKM and the State Government trading allegations on it for a while now. There is also the question of image since Organic Sikkim has attracted much attention at the national and international level, starting with featuring in the popular television series Satyamev Jayate and now with Prime Minister Narendra Modi singing its praises at forums as diverse as his address in Parliament to his speech in Nepal. Sikkim had announced its pursuit of Organic State status in the year 2003, undertaken it as a mission statement in 2009. Now, with so much limelight focused on it, the pressure has increased on the State and its authorities to deliver.
And hence an Ordinance banning chemical fertilizers and pesticides even though the Winter Session of the Assembly is not more than a month away. A binding process is underway to regulate the import, sale, distribution and use of inorganic agricultural and horticultural inputs and livestock feed, on record “to prevent risk to human beings or animals and environment and to make the State of Sikkim an Organic State and for matters connected organic farming”.
Now that the Ordinance has came into force, the Department has begun the process of framing the attendant rules which are expected to be notified next week.
Mr. Bhutia informs that once the rules have been notified, growers will not be able to use chemical fertilizers or such inorganic inputs for cultivation of crops.  Only organic seeds and plant materials shall be permitted, he underlines. Only Organic inputs such as farmyard manure, compost, vermi-compost, green manures, bio-fertilizers, etc will be permitted for use for soil nutrient management and bio pesticides for management of insect pests and diseases.
The Ordinance also sets more stringent guidelines and specifications. For instance, while it directs that organic seed and plant materials be used for cultivation, it also allows relaxations when certified organic seed and plant materials are not available. Chemically untreated conventional materials can be used with the permission of the State Government, the Ordinance allows. It is however strict in prohibiting the use of genetically engineered seeds, pollen, trans-gene plants or plant material is prohibited for cultivation.
Organic Sikkim is clearly not just about farming and livestock is an important constituent as well. The Ordinance takes care of this aspect as well with a ban on synthetic and chemically treated feeds. A welcome ban has been extended to livestock feed containing Atrazine, Arsenic based compounds and all forms of Animal Protein including chicken litter from use in Poultry and Cattle Farming. The following products can no longer be added to the feed given to farm animals in Sikkim: synthetic growth stimulants; synthetic appetizers; artificial colouring agents; farm animals by products; pure amino acids; and genetically engineered organisms or products thereof.
The Ordinance, on implementation, will also help in protection of habitat of the hill state as recorded in Sub-section a & b of Section 7 of the Ordinance which states that “…any inorganic Agricultural, Horticultural Inputs, Livestock Feed which is for the time being prohibited and restricted for the protection and preservation of any area defined as a Habitat; and any inorganic Agricultural, Horticultural Inputs, Livestock Feed in contravention of any other provision of this Ordinance or of any rule made there under.”
Violation of the provisions of the Ordinance and its Rules will attract imprisonment extending up to three months and/or fine of at least Rs. 25,000 [but not exceeding Rs 1,00,000]. The provision for offences and punishment in the Ordinance further state that “…if any person who has been convicted of the commission of an offence punishable under this Ordinance shall be punished for the second and every subsequent offence with a fine which may extend to twice the amount imposed on him in his previous conviction.”
Violations are however not cognizable offences and prosecution shall be instituted only by official/ officials authorised to do so by general or special order issued by the State Government. All offences under this Ordinance or rules will be triable in the Court of Judicial Magistrate.
Products for Use in Fertilizing and Soil Conditioning
Matter Produced on an Organic Farm Unit
• Farmyard and poultry manure, slurry, urine Permitted
• Crop residues and green manure Permitted
• Straw and other mulches Permitted
Matter Produced Outside the Organic Farm Unit
• Blood meal, meat meal, bone meal and feather meal without Preservatives Restricted
• Compost made from any carbon based residues (Animal excrement including poultry) Restricted
• Farmyard manure, slurry, urine Restricted
      (“factory” farming sources Prohibited)
• Fish and fish products without preservatives Restricted
• Guano Restricted
• Human excrement   Prohibited
• By-products from the food and textile industries of biodegradable material of microbial, plant or animal origin without any synthetic additives. Restricted
• Peat without synthetic additives (prohibited for soil conditioning)   Permitted
• Sawdust, wood shavings, wood provided it comes from untreated wood Permitted

• Seaweed and seaweed products obtained by physical processes, extraction with water or aqueous acid and/or alkaline solution Restricted

• Sewage sludge and urban composts from separated sources which are monitored for contamination Restricted

• Straw Restricted
• Vermicasts Restricted
• Animal charcoal Restricted
• Compost and spent mushroom and vermiculate substances Restricted
• Compost from organic household reference Restricted
• Compost from plant residues Restricted





• By products from oil palm, coconut and cocoa (including empty fruit bunch, palm oil mill effluent (pome), cocoa peat and empty cocoa pods) Restricted
• By products of industries processing ingredients from organic agriculture Restricted
Minerals
• Basic slag Restricted
• Calcareous and magnesium rock Restricted
• Calcified seaweed Permitted
• Calcium chloride Permitted
• Calcium carbonate of network origin (chalk, limestone, gypsum and phosphate chalk) Permitted
• Mineral potassium with low chlorine content (e.g. sulphate of potash, kainite, sylvinite, patenkali) Restricted
• Natural phosphates (e.g. Rock phosphates) Restricted
• Pulverized rock Restricted
• Sodium chloride Permitted
• Trace elements  (baron, In, Fe, Mn, Molybdenum, Zn) Restricted
• Woo dash from untreated wood Restricted
• Potassium sulphate Restricted
• Magnesium sulphate (Epson salt) Permitted
• Gypsum (calcium sulphate) Permitted
• Stillage and stillage extract Permitted
• Aluminum calcium phosphate Restricted
• Sulphur Restricted
• Stone mill Restricted
• Clay (bentonite, perlite, zeolite) Permitted
Microbiological Preparations
• Bacterial preparations (biofertilizers) Permitted
• Biodynamic preparations Permitted
• Plant preparations and botanical extracts Permitted
• Vermiculate Permitted
• Peat Permitted

Products for Plant Pest and Disease Control
I. Substances from plant and animal origin
• Azadirachta indica [neem preparations (neem oil)] Restricted
• Preparation of rotenone from Derris elliptica Restricted
• Lonchocarpus, Thephrosia spp. Restricted
• Gelatin Permitted
• Propolis Restricted
• Plant based extracts (e.g. neem, garlic, pongamia, etc.)   Permitted
• Preparation on basis of pyrethrins extracted from Chrysanthemum cinerariaefolium, containing possibly a synergist pyrethrum cinerafolium Restricted

• Preparation from Quassia amara Restricted
• Release of parasite predators of insect pests Restricted
• Preparation from Ryania species Restricted
• Tobacco tea Prohibited
• Lecithin Restricted
• Casein Permitted
• Sea weeds, sea weed meal, sea weed extracts, sea salt and salty water Restricted

• Extract from mushroom (Shiitake fungus)   Permitted
• Extract from Chlorella   Permitted
• Fermented product from Aspergillus Restricted
• Natural acids (vinegar) Restricted
II. Minerals
• Chloride of lime/soda Restricted
• Clay (e.g. bentonite, perlite, vermiculite, zeolite) Permitted
• Copper salts / inorganic salts (Bordeaux mix, copper hydroxide, copper oxychloride)used as a fungicide, maximum 8 kg per ha per year depending upon the crop and under the supervision of inspection and certification agency Restricted

• Mineral powders (stone meal, silicates) Prohibited
• Diatomaceous earth Restricted
• Light mineral oils Restricted
• Permanganate of potash Restricted
• Lime sulphur (calcium polysulphide Restricted
• Silicates (sodium silicate, quartz) Restricted
• Sodium bicarbonate Permitted






• Sulphur (as a fungicide, acaricide, repellent) Restricted
III. Microorganisms / Biocontrol agents
• Viral preparations (e.g., Granulosis viruses, Nuclear polyhydrosis, viruses etc.). Permitted
• Fungal preparations (e.g., Trichoderma species etc.) Permitted
• Bacterial preparations  (e.g., Bacillus species etc.) Permitted
• Parasites, predators and sterilized insects.” Permitted
IV. Others
• Carbon dioxide and nitrogen gas Restricted
• Soft soap (potassium soap) Permitted
• Ethyl alcohol Prohibited
• Homeopathic and Ayurvedic preparations   Permitted
• Herbal and biodynamic preparations Permitted
Traps
• Physical methods (e.g., chromatic traps, mechanical traps, light traps, sticky traps and pheromones) Permitted

• Mulches, nets Permitted


List of Approved Feed Materials, Feed Additives and Processing Aids for Animal Nutrition
1. Feed Materials of Plant Origin
• Cereals grains, their products and by - products
• Oilseeds, oil fruits, their products and by – products
• Legume seed, their products and by - products
• Tuber roots, their products and by – products
• Other seeds and fruits
• Forages and roughages
• Molasses as a binding agent

2. Feed Material of Mineral Origin
• Seasalt, rocksalt Restricted
• Sodium sulphate Restricted
• Sodium carbonate Restricted
• Sodium bicarbonate Restricted
• Sodium chloride Restricted
• Calcium carbonate Restricted
• Calcium lactate Restricted
• Calcium gluconate Restricted
• Bone dicalcium phosphate precipitate Restricted
• De fluorinated dicalcium phosphate Restricted
• Anhydrousmagnesia Restricted
• Magnesium sulphate Restricted
• Magnesium chloride Restricted
• Magnesium carbonate Restricted

3. Trace Elements
• Iron Feed additives
• Iodine Feed additives
• Cobalt Feed additives
• Manganese Feed additives
• Zinc Feed additives
• Molydenum Feed additives
• Selenium Feed additives

4. Vitamins     Restricted

5. Enzymes Restricted

6. Micro-organisms Restricted