Essential character controls classification of Nim Sona as organic manure, not insecticide, despite label references to insecticidal properties.

The product "Nim Sona" was held to be classifiable as fertiliser or organic manure, not as an insecticide. Classification was guided by its essential character, supported by the ISI specification for "Nim Cake for manuring" and the agricultural authority's view that organic manures fall outside the Insecticide Act, 1968 and do not require insecticide registration. A reference on the label to secondary insecticidal properties did not change the product's principal nature for classification purposes. The departmental appeal therefore failed.

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Issues: Whether the product "Nim Sona" was classifiable as an insecticide or as fertiliser or organic manure.

Analysis: The product had been held by the lower appellate authority to be fertiliser, supported by the ISI specification for "Nim Cake for manuring". The concerned agricultural authority had also stated that the goods, being organic manures, did not fall within the purview of the Insecticide Act, 1968 and had denied registration as an insecticide. The fact that the label referred to secondary insecticidal properties did not alter the essential character of the product for classification purposes.

Conclusion: The product was not liable to be treated as an insecticide and the departmental appeal failed.

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