|
ASU cos to seek clarity on NGT order seeking ABS payment for use of castor oil
|
|
Shardul Nautiyal, Mumbai
July 30 , 2016
|
|
|
Maharashtra ASU manufacturers plans to seek clarity on a National Green
Tribunal (NGT) order directing manufacturers engaged in commercial
utilisation of castor oil and other bio-resources for manufacturing
drugs and cosmetics to pay access and benefit sharing (ABS) payment as
per November 21, 2014 notification.
This comes close on the
heels of ASU industry also seeking clarity on the ABS compliance with
reference to its consultation with National Biodiversity Authority (NBA)
for specifying as to what is a value added product (VAP).
Even
as State Biodiversity Boards (SBBs) maintain that they have the powers
to impose fine as per the provisions of the Biodiversity Act (BD Act),
ASU manufacturers argue they have been harassed in the name of
compliance without being heard judiciously.
It has been argued by
the manufacturers and industry that Tulsi plant is a bio-resource (BR)
but whether Tulsi extract is a value added product (VAP). Similarly,
whether oils, oleoresins, purified phyto-compounds etc. Are
bio-resources (BR) /Value added Product (VAP).
In absence of such
fundamental clarity, the ASU companies cannot comply with the Act. This
is because every company is required to submit Form 1 every year to its
respective SBB indicating the consumption of BRs.As
of now the industry is not mentioning any oils, oleoresins, purified
phyto-compounds in Form 1 applications. Export of all such items will
collapse, if all the oils, oleoresins, purified phyto-compounds,
extracts etc are treated as bio-resources (BRs).
The order
specifies that ABS is applicable to bio-resources from agriculture or
forest area as well. Castor oil which is an agriculture bio-resource
when utilised for general commodities, no ABS is applicable. However,
when utilised for commercial purposes for use in drugs and cosmetic
products, ABS is applicable to it. ABS is also applicable for access to
biological resources, bio survey and bio-utilisation for commercial
utilisation.
The NGT has directed Maharashtra State Biodiversity
Board (MSBB) to take appropriate action against defaulting parties and
in case the parties do not respond, their names to be published in
newspapers and thereafter prosecution to be filed against them. It has
been further directed that violation of Sections 7 and 24 (2) of
Biological Diversity Act, 2002 by not giving prior intimation to State
Biodiversity Board (SBB) in case of access to biological resources for
commercial purposes, companies shall be held liable and punishable with
imprisonment for a term which may extend to 3 years or with fine which
may extend to Rs.5 lakhs or with both under Section 55 (2) of the BD Act.
ASU
manufacturers in the state are upset at Maharashtra State Biodiversity
Board for issuing notices to manufacturers for ABS non-compliance
despite the fact that the matter on ABS non-compliance is sub judice.
The
copy of the notice states that MSBB has issued order to pay ABS in
response to the concerned manufacturer’s reply that writ petition filed
on behalf of manufacturers in the Bombay High Court (HC) is pending and
therefore it is inappropriate to raise the demand notices for ABS.
Central
India Ayush Drug Manufacturers Association (CIDMA) had filed a writ
petition in the Nagpur bench of Bombay High Court (HC) for seeking
clarity on whether Indian companies fall under the purview of ABS
payment.
|
|
|
|
|
|
|
|
TOPICS
|
That foods might provide therapeutic benefits is clearly not a new concept. ...
|
|
|
|
|