Analysis of Indian and Canadian Laws on Biofertilizers

Arjjumend, Hasrat and Koutouki, Konstantia (2021) Analysis of Indian and Canadian Laws on Biofertilizers. AGRÁR- ÉS KÖRNYEZETJOG / JOURNAL OF AGRICULTURAL AND ENVIRONMENTAL LAW, 16 (30). pp. 7-23. ISSN 3058-0447

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Abstract

Biofertilizers are known to be effective green alternatives to chemical fertilizers. Biofertilizers are regulated under the Fertilizer (Control) Order, 1985 in India and the Fertilizers Regulations (C.R.C., c. 666) of the Fertilizers Act, 1985 in Canada. The laws in both countries originally evolved to regulate chemical fertilizers; however, appropriate amendments have been made to accommodate biofertilizers and organic fertilizers in India, and organic fertilizers in Canada. Yet there have been no critical analyses of the laws and regulations governing the manufacture, business, transport, storage, use and disposal of biofertilizers in India and Canada. This article seeks to understand the different legal provisions of the Indian and Canadian laws regulating biofertilizers. The legal analysis is based on dialectical, qualitative and comparative legal research, as well as gap analysis. This study not only identifies the legal gaps existing in the Indian and Canadian frameworks, but also suggests ways forward to avoid bottlenecks impeding the entry into the market and free trade of biofertilizers.

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