Animal feed import restriction held arbitrary; cotton grain may be cleared subject to phytosanitary safeguards.

The amended definition of "animal feed", confining it to kibbled-crushed seeds, pellets or dried cake form, was held arbitrary and beyond the statutory scheme governing import quarantine and plant protection. The record showed no Pest Risk Analysis, no material of infestation from animal feed imports, and no cogent basis to restrict imports otherwise permitted under the foreign trade and customs framework. Existing safeguards such as phytosanitary certification, inspection and fumigation were already available, so the restriction could not be justified on apprehension alone. The amendment was therefore invalid to that extent and quashed, and cotton grain could be cleared as animal feed subject to germination and phytosanitary checks.

---

---

Issues: Whether the notification amending the definition of "animal feed" so as to confine it to kibbled-crushed seeds, pellets or dried cake form was valid, and whether the restriction could be sustained to deny import and clearance of cotton grain for cattle feed consumption.

Analysis: The notification was tested against the enabling scheme of the Destructive Insects and Pests Act, 1914 and the Plant Quarantine (Regulation of Import into India) Order, 2003. The statutory framework permitted regulation of imports to prevent plant infection and provided separate treatment for seeds for sowing and grain or plant material for consumption. The record disclosed no Pest Risk Analysis, no past material showing infestation from animal feed imports, and no cogent basis to curtail imports otherwise freely permitted under the foreign trade and customs framework. The existing quarantine regime already contained safeguards through phytosanitary certification, inspection and fumigation, and the impugned amendment was found to be driven by apprehensions rather than by sound material or study. Such a restriction, which effectively stalled import of cotton grain as animal feed, was held to be arbitrary and irrational and beyond what was warranted by the statutory scheme.

Conclusion: The notification, to the extent it limited "animal feed" to kibbled-crushed seeds, pellets or dried cake form, was invalid and was quashed. Importers could seek clearance of cotton grain as animal feed, subject to germination and phytosanitary checks and other conditions designed to safeguard public interest.

---