Karnataka Biodiversity Board has been issuing notices to companies violating the access and benefit sharing (ABS) guidelines issued in November 2014 by the Union ministry of environment and forests (MoEF) to boost sustainable use of bio-resources across the country.
In the last two years, KBB has been issuing notices to companies which are not accountable to share the details of the source from where raw material has been procured and share a certain per cent of the revenue generated out of the production to foster biodiversity conservation and its sustainable use.
“Although early this month, the Bombay High Court stated that ABS cases will not be transferred to National Green Tribunal (NGT), we have not received any such direction”, KBB officials said.
There is a reluctance from some companies to share the details on the source of the raw materials. As on date, we are also making aware on the need to share details of the source from where the raw material has been procured and share a certain per cent of the revenue generated out of the production to further the cause of biodiversity conservation and its sustainable use.
The Biological Diversity Act, 2002 explicitly states that herbal drug manufacturer have to take on the onus to disclose details of the raw material source of procurement and allocate 0.1 per cent of the revenue generated out of the production for its sustainable use.
“In order to implement the Act, state biodiversity boards across the country had started issuing notices to herbal companies not registered with them and insisting them to enrol with the Karnataka Biodiversity Board. We also publish related advertisements twice a year to this effect to ensure that they are updated. In addition, meetings are called for with the industry to inform them on the same”, stated the officials.
The Section 7 and 24 (2) of the Act, clearly states that companies engaged in herbal extraction processes without intimation to the concerned state biodiversity boards would be punishable with imprisonment of up to 3 years with fine or 5 years with fine or both under Section 55 (2) of the Act .
The 0.1 per cent per cent of the revenue generated out of the production for its sustainable use is miniscule and in fact sharing these proceeds would benefit the growers of herbal plants. Otherwise this sector will be impacted on similar lines that of the agarbatti industry. The herbal sector should take cognisance that communities engaged in herbal raw materials supply should get an incentive. In fact, this one way to ensure sustenance the flow of raw materials. Therefore the ABS guideline adherence is crucial to ensure the survival of this sector, said the officials.