Professional Documents
Culture Documents
Punjab Food Authority Act 2011
Punjab Food Authority Act 2011
(XVI OF 2011)
CONTENTS
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
CHAPTER VI
FINANCES AND REPORTS
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
Delegation of powers
Reward by the Food Authority
Public servants
Immunity
Overriding effect
Government to make rules
Food Authority to frame regulations
Repeal and savings
Power to remove difficulties
TEXT
THE PUNJAB FOOD AUTHORITY ACT 2011
(XVI of 2011)
[6th July, 2011]
An
Act
to provide for the safety and standards of food and for establishment of the Punjab
Food Authority.
Preamble. Whereas, it is expedient to protect public health, to provide for
the safety and standards of food, to establish the Punjab Food Authority and for
other connected matters;
It is enacted as follows:CHAPTER 1
PRELIMINARY
1.
Short title, extent and commencement. (1) This Act may be cited as the
Punjab Food Authority Act 2011.
(2)
(3)
It shall come into force on such date as the Government may, by
notification, specify and different dates may be so specified for different areas.
2.
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(b)
(c)
(d)
(e)
(f)
(ii)
(iii)
(iv)
(v)
(vi)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
"import" means bringing into the Punjab any article of food by any
means including land, river, canal or air;
(o)
(p)
"licence" means a licence granted under the Act or the rules or the
regulations;
(q)
(r)
(ii)
(iii)
(s)
(t)
(u)
(v)
(w)
(x)
Scientific Panel means the Scientific Panel constituted under the Act;
(y)
(z)
3.
Establishment of the Food Authority. (1) The Government may, by
notification in the official Gazette, establish the Punjab Food Authority for purposes of
this Act.
(2)
The Food Authority shall be a body corporate, having perpetual
succession and a common seal, with power to enter into contract, acquire or dispose
of property, and may, by its name, sue or be sued.
4.
Composition of the Food Authority. (1) The Food Authority shall consist of
a Chairperson and the following members
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(2)
The Government shall, in the prescribed manner, appoint a person who
possesses the prescribed qualification and experience as Chairperson.
(3)
The Government shall appoint the non-official members on the
recommendation of a committee consisting of the following:(a)
(b)
(c)
(d)
(4)
The Food Authority may, with the prior approval of the Government, coopt any other person as a member.
(5)
The Chairperson and members, other than ex-officio members, shall be
appointed in such manner as to ensure the highest standards of professional
competence and experience, gender balance and equitable geographic distribution
within the Province.
(6)
A meeting of the Food Authority shall be held in the manner provided
by the regulations, and until so provided, as may be determined by the Food
Authority.
(7)
The Secretary of the Food Authority shall, on the direction of the
Chairperson, call a meeting of the Food Authority.
(8)
(9)
The Chairperson, and in his absence, any other member elected by the
members present at a meeting, shall preside at a meeting of the Food Authority.
(10) The quorum for a meeting shall be one third of the total members, the
fraction being counted as one.
5.
Terms and conditions of Chairperson and members. (1) The Chairperson
and the members, other than ex-officio members, shall hold office for a term of three
years and shall be eligible for re-appointment.
(2)
A person shall not be appointed as Chairperson or a member, other
than ex-officio member, for more than two terms, whether consecutive or otherwise.
(3)
The Government shall prescribe the salary and allowances payable to,
and the other terms and conditions of service of the Chairperson.
(4)
The Chairperson or a member, other than an ex-officio member, may
resign from his office by serving one months notice in writing to the Government.
6.
Removal of Chairperson and members. (1) The Government may remove
from office, the Chairperson or a member, other than an ex-officio member, if he
(a)
(b)
(c)
(d)
has abused his position and rendered his continuance in the office
prejudicial to public interest.
(2)
The Chairperson or a member shall not be removed from office except
after affording him a reasonable opportunity of being heard.
7.
Powers and functions of the Food Authority. (1) The Food Authority shall
regulate and monitor the food business in order to ensure provision of safe food.
(2)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
collect and analyze relevant scientific and technical data relating to food;
(h)
(i)
(j)
(k)
(l)
may
(m)
(n)
do any other thing which is necessary for the discharge of its functions
under this Act.
(3)
The Food Authority shall exercise its functions, as far as possible, in
accordance with the well established scientific principles and international best practices.
8.
Proceedings of the Food Authority. No act or proceedings of the Food
Authority shall be questioned or invalidated merely on the ground of existence of any
vacancy or defect in the constitution of the Food Authority.
9.
Scientific panel. (1) The Food Authority may establish one or more Scientific
Panels, which shall consist of the following
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(2)
industry.
A Scientific Panel may co-opt any other member from the relevant
(3)
The Food Authority shall determine the terms and conditions, including
tenure of members of a Scientific Panel other than ex-officio members.
(4)
The Food Authority may refer any matter relating to food to the
Scientific Panel for recommendation.
(5)
The Scientific Panel may, after due deliberations with the relevant
industry and consumer representatives, make recommendations to the Food
Authority on standards, products, procedures, processes and guidelines in relation to
any technical aspect of the food.
(6)
If the Food Authority does not agree to the recommendations of the
Scientific Panel, it may, with reasons, refer the case back to the Scientific Panel for
reconsideration.
(7)
The Scientific Panel shall reconsider the reference and forward its
reconsidered recommendations and the Food Authority shall act accordingly.
10.
Director General. (1) The Government may appoint a Director General in
such manner and on such term and conditions as it may prescribe.
(2)
Authority.
(3)
The Director General shall hold office during the pleasure of the Food
The Director General shall be the Secretary of the Food Authority.
(4)
The Director General, subject to the control of the Food Authority, shall
be responsible for accomplishing the objectives of this Act and for efficient
implementation of the Act, the rules and the regulations.
(5)
The Director General shall exercise such powers as are mentioned in
the Act or as may be prescribed or delegated to him.
(6)
the Act.
The Director General may exercise powers of a Food Safety Officer under
11.
Public analysts. (1) The Food Authority may, by notification, appoint public
analysts for such areas as it may assign to them.
(2)
prescribed.
(3)
The production in a trial of a certificate under the hand of a public analyst
shall, until the contrary is proved, be sufficient proof of the facts contained in the
certificate.
(4)
The Court may, of its own accord or on the request of the accused,
cause any food or sample of food to be sent for analysis to the public analyst.
(5)
Unless otherwise directed by the Court, the accused, on whose request
any food or sample of food is sent to the public analyst, shall bear its cost.
12.
Food Safety Officer. (1) The Food Authority may, by notification, appoint
Food Safety Officers for such areas as it may assign to them.
(2)
prescribed.
(3)
Notwithstanding anything in sub-section (2), the Food Authority, in public
interest, may confer the powers of a Food Safety Officer on a Government servant.
13.
(b)
seize any food, apparatus or utensil which appears to the Food Safety
Officer to be in contravention of this Act, the rules or the regulations;
(c)
(d)
(e)
examine any book or documents with respect to any food and make
copies of or take extracts from the book or document;
(f)
(g)
(h)
(2)
A Food Safety Officer shall prepare a statement describing the food,
apparatus, utensil or vehicle seized and shall deliver a copy of the statement to the
person from whom it is seized or, if such person is not present, send such copy to him
by mail.
(3)
A person claiming back anything seized under sub-section (1) may,
within seven days of the seizure, apply to the Court and the Court may confirm such
seizure, wholly or in part, or may order that it be restored to the claimant.
(4)
If the Court confirms the seizure of the food, apparatus or utensil, it
shall be forfeited to the Food Authority or the Court may direct that such food,
apparatus, utensil may be destroyed at the cost of the owner or person in whose
possession it was found.
(5)
If an application is not made within seven days under sub-section (3),
the food, apparatus or utensil seized, shall be forfeited to the Food Authority.
(6)
Any person may make an application in writing to the Food Safety
Officer asking him to purchase a sample of any food from a food operator and get it
analyzed from the public analyst.
14.
Other employees of the Food Authority. The Food Authority may
determine the number, categories, rank and terms and conditions of other employees
of the Food Authority.
CHAPTER III
ENFORCEMENT MECHANISM
15.
Licensing of food business.(1) A person shall not use any place for food
business except under the prescribed registration or licence.
(2)
The Food Authority may, in the prescribed manner, exempt a class of
food operators from obtaining compulsory registration or licence under this section.
16.
Improvement notice.(1) If a Food Safety Officer has reasons to believe that
any food operator has failed to comply with any provisions of this Act, the rules or the
regulations, he may serve an improvement notice upon the food operator
(a)
stating the grounds for believing that the food operator has failed to
comply with any provisions of the Act or the rules or the regulations;
(b)
(c)
intimating the measures which the food operator should take in order to
secure compliance with the relevant provisions of the law.
(2)
If the food operator fails to comply with the improvement notice within
the prescribed time, the Food Authority may cancel or suspended his licence or take
such other action as it deems appropriate.
17.
Prohibition orders. If any food operator is convicted of an offence under this
Act and the Court is satisfied that the health risk exists with respect to the food
business, the Court, may impose the following prohibitions
(a)
(b)
18.
Emergency prohibition orders.(1) If the Food Safety Officer is satisfied that
the health risk condition exists with respect to any food business, he may, after
serving a notice on the food operator and for reasons to be recorded in writing,
restrain him from carrying on the food business with or without specifying conditions
or period of such restraint.
(2)
The Food Safety Officer shall, within twenty four hours of the action
taken under sub-section (1), report such action to the Food Authority which may,
after serving a notice on the food operator and for reasons to be recorded in writing,
confirm, modify or set aside the order of the Food Safety Officer.
19.
Notification of food poisoning.The Food Authority may, by notification,
require medical practitioners carrying on profession in any local area to report all
occurrences of food poisoning to the Food Safety Officer or the Food Authority.
20.
Food recall procedures.(1) If the Director General has reasons to believe
that some food is not in compliance with this Act, the rules or the regulations, he
may, after recording reasons, order immediate withdrawal of the said food from the
market.
(2)
Any person, who is aggrieved by any action taken under this section,
may, in the prescribed manner, prefer an appeal to the Food Authority.
(3)
The Food Authority may, on its own accord or on the application of an
aggrieved person, set-aside or modify an order made under sub-section (1).
21.
Establishment of food laboratories.(1) The Food Authority may establish a
food laboratory for purposes of carrying out analysis of samples of any food or food
related equipments or utensils.
(2)
The Food Authority may recognize or accredit a food laboratory for any
of the purposes contained in sub-section (1).
CHAPTER IV
OFFENCES AND PENALTIES
22.
Selling food not in compliance of the Law. A person, who sells or offers
for sale any adulterated food or food which is not in compliance with the provisions of
this Act, the rules or the regulations, shall be liable to imprisonment for a term which
may extend to six months and fine which may extend to one million rupees.
23.
Substandard or misbranded food. Any person, who manufactures for sale,
stores, sells, distributes, imports or exports any food which is not of standard or
misbranded, shall be liable to imprisonment for a term which may extend to six
months and fine which may extend to one million rupees.
24.
Unsafe food. A food operator, who manufactures for sale, stores, sells,
distributes, imports or exports any unsafe food, shall be liable
(a)
where the unsafe food does not result in injury to any person, to
imprisonment for a term which may extend to six months and fine which
may extend to two hundred thousand rupees;
(b)
(c)
25.
False advertisement. (1) Any person, who for purposes of effecting or
promoting the sale of any food, publishes or causes to be published, any
advertisement which
(a)
(b)
(c)
shall be liable to imprisonment for a term which may extend to six months and fine
which may extend to one million rupees.
(2)
Any person, who publishes or causes to be published an advertisement,
which does not contain the true name of the person by whom the advertisement is
published or the address of his place of business, shall be liable to imprisonment for a
term which may extend to six months and fine which may extend to one million rupees.
26.
False labeling. (1) Any person, who prepares, packages, labels any food
which does not comply with the prescribed standard, shall be liable to imprisonment for
a term which may extend to six months and fine which may extend to one million
rupees.
(2)
Any person, who labels any food in a manner which is false, misleading
or deceptive as regards its character, nature, value, substance, quality, composition,
merit or safety, strength, purity, weight, origin, age or proportion shall be liable to
imprisonment for a term which may extend to six months and fine which may extend
to one million rupees.
27.
Failure to comply with the directions. If any person, without reasonable
cause, fails to comply with any order or notice issued by the Food Authority or a Food
Safety Officer, he shall be liable to imprisonment for a term which may extend to three
months and fine which may extend to five hundred thousand rupees.
28.
Unhygienic or unsanitary conditions. Any person, who manufactures or
processes or keeps any food under unhygienic or unsanitary conditions, shall be
liable to imprisonment for a term which may extend to six months and fine which may
extend to one million rupees.
29.
Penalty for prescribed offences. If a person, who commits an offence
prescribed under the rules, for which no penalty has been provided in the Act, shall
be liable to imprisonment for a term which may extend to three months and fine
which may extend to five hundred thousand rupees.
30.
False information. If a person makes a false or misleading statement,
provides false or misleading information or produces any false or misleading
document before the Food Authority or a Food Safety Officer, he shall be liable to
imprisonment for a term which may extend to six months and fine which may extend
to five hundred thousand rupees.
31.
Obstructing the Food Safety Officer. (1) Any person, who obstructs a Food
Safety Officer in the performance of his duties, shall be liable to imprisonment for a
term which may extend to six months or fine which may extend five hundred
thousand rupees or both.
(2)
Any person, who unlawfully removes, alters or interferes, in any
manner, with any food, equipment or vehicle seized or any premises sealed under
this Act, shall be liable to imprisonment for a term which may extend to six months or
fine which may extend to five hundred thousand rupees.
32.
Business without licence. If a food operator manufactures, sells, offers for
sale, stores or distributes or imports any food without the prescribed registration or
licence, he shall be liable to imprisonment for a term which may extend to one year
and fine which may extend to five hundred thousand rupees.
33.
Warranty. (1) A food operator who is a manufacturer, distributor or dealer of
a prescribed food shall not sell such food to any food vendor unless a written
warranty or other written statement is given that the food complies with the provisions
of this Act, the rules and the regulations.
(2)
Any person, who contravenes the provisions of sub-section (1), shall be
liable to imprisonment for a term which may extend to six months and fine which may
extend to one million rupees.
(3)
Any food vendor, who gives to the purchaser a warranty in writing which
is false, shall be liable to imprisonment for a term which may extend to six months
and fine which may extend to five hundred thousand rupees.
34.
Punishment for subsequent offence. (1) If any person, after having been
previously convicted of an offence under this Act, commits any offence under the Act,
he shall be liable to
(a)
(b)
(2)
cancelled.
35.
Compensation in case of injury or death of a consumer. (1) In case of injury
or death of a consumer due to unsafe food, the Court, in addition to any other penalty
under this Act, shall direct the food operator to pay compensation to the consumer or, as
the case may be, the legal heirs of the consumer, an amount which is
(a)
(b)
(2)
If the food operator fails to pay the compensation under this section, the
Food Authority shall recover the compensation as arrears of land revenue and make
payment of the recovered amount to the consumer or, as the case may be, the legal
heirs of the consumer.
36.
Forfeiture of food, etc. In case of a conviction under this Act, the Court may
direct that any food, equipment, machinery, vehicle or any other thing, to which the
conviction relates, shall be confiscated and shall vest in the Food Authority.
37.
Offences by companies. (1) Where an offence under this Act has been
committed by a Company, every person, who at the time of the commission of the
offence, was in charge of the Company shall be liable to punishment for the offence
and the Company shall also be liable to the punishment of fine or compensation
specified for the offence.
(2)
Notwithstanding anything contained in sub-section (1), where it is
proved that the offence is attributable to any neglect on the part of any director,
manager, secretary or other officer of the Company, such director, manager,
secretary or other officer shall also be liable to punishment for the offence.
(b)
(c)
impose on the food operator fine which may extend to five hundred
thousand rupees; or
(d)
(2)
If the Food Authority cancels the licence or imposes fine on a food
operator, the food operator may, within fifteen days of the communication of the
order, prefer an appeal against such order to such Appellate Authority as the
Government may specify by notification in the official Gazette.
(3)
The Food Authority or the Appellate Authority shall not pass any order
relating to suspension or cancellation of the licence or imposition of fine without
providing an opportunity of hearing to the food operator.
(4)
An order of suspension of a licence under this section shall not be
passed for a period exceeding seven days at a time and, unless sooner withdrawn or
the licence is cancelled, shall cease to have effect on the expiry of the thirtieth day
from the date of first such order.
40.
Jurisdiction of the Court. An offence punishable under this Act shall be
tried by a Magistrate of First Class.
41.
Cognizance of offences. (1) Subject to sub-section (2), a Court shall not
take cognizance of an offence under this Act except on a complaint made by or on
behalf of the Food Authority.
(2)
If the offence causes death of, or injury to, a person, the aggrieved
person may also file a complaint in the Court under Chapter XVI of the Code of
Criminal Procedure 1898 (V of 1898).
42.
Time limit for prosecutions. The prosecution for an offence under the Act shall
not be allowed after the expiry of three years from the date of the commission of the
offence or one year from its discovery by the complainant, whichever is the earlier.
43.
Summary trial. (1) Notwithstanding anything contained in the Code of Criminal
Procedure 1898 (V of 1898) but subject to sub-section (3), the Court shall summarily try
an offence punishable under this Act and impose punishment of imprisonment for a term
not exceeding six months or fine not exceeding one million rupees.
(2)
The Court shall conduct the summary trial of an offence under the Act
in accordance with the provisions of Chapter XXII of the Code of Criminal Procedure
1898 (V of 1898) relating to the summary trials.
(3)
If the Court is of opinion that the nature of the offence does justify
summary trial, it may conduct proceedings in accordance with the provisions of
Chapter XX of the Code of Criminal Procedure 1898 (V of 1898).
44.
Defence available. In any proceedings for an offence under this Act, the
exercise of due care and caution shall be valid defence if it is proved that the person
took all reasonable precautions and exercised due diligence to prevent the
commission of the offence.
45.
Recovery of fines etc. (1) The Food Authority shall recover the fine, fee or
any other amount, imposed or levied, under this Act, the rules or the regulations, as an
arrears of land revenue and, for the purpose, authorize an officer to exercise the
powers of Collector under the Punjab Land Revenue Act 1967 (XVII of 1967).
(2)
The fine imposed or the fee charged under the Act, the rules or the
regulations shall be deposited with the Food Authority and shall form part of the Food
Authority Fund.
CHAPTER VI
FINANCES AND REPORTS
46.
Food Authority Fund. (1) There shall be established a fund to be known as
the Food Authority Fund to be administered and controlled by the Food Authority.
(2)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(3)
The Food Authority shall meet all of its expenses from the Food Authority
Fund.
(4)
It shall be the duty of the Food Authority to conserve the Food Authority
Fund while performing its functions and exercising its powers under this Act.
47.
Bank accounts. The Food Authority may open and maintain its accounts at
such scheduled banks as may be prescribed, and until so prescribed, as the
Government may determine.
48.
Budget and accounts. (1) The Food Authority shall maintain proper
accounts and other records relating to its financial affairs including its income and
expenditures and its assets and liabilities in such form and manner as may be
prescribed.
(2)
After the conclusion of a financial year, the Food Authority, in the
manner prescribed, shall cause to be prepared for the financial year statements of
account of the Food Authority which shall include a balance-sheet and an account of
income and expenditures.
(3)
The Food Authority shall apprve its annual budget for a financial year in
the prescribed manner.
(4)
No expenditure for which provision has not been made in any approved
budget shall be incurred without prior approval of the Food Authority.
49.
Audit. (1) The Auditor General of Pakistan shall annually audit the accounts
of the Food Authority.
(2)
The Government, in addition to the audit under sub-section (1), shall
cause the accounts of the Food Authority annually audited by a Chartered
Accountant or a firm of Chartered Accountants.
(3)
The auditor appointed under sub-section (2) shall be provided such
access to the books, accounts and other documents as may be considered
necessary for the audit of accounts.
(4)
The auditor shall submit the annual or any special audit report to the
Food Authority, and the Food Authority, under intimation to the Government, shall
take appropriate remedial or other action in the light of the audit report.
50.
Annual report. (1) The Food Authority shall, within three months of the close
of a financial year, submit to the Government an annual performance report.
(2)
(a)
(b)
(c)
(3)
The Government shall, within two months of receiving the report from
the Food Authority, give notice for laying the report in the Provincial Assembly of the
Punjab, and shall lay the report in the first available session of the Assembly.
CHAPTER VII
MISCELLANEOUS
51.
Delegation of powers. The Food Authority may delegate, subject to such
conditions and restrictions as may be specified in the order, any of its functions to a
body, committee or an officer, except the function to
(a)
(b)
(c)
(d)
52.
Reward by the Food Authority. The Food Authority may, in the manner
prescribed by the rules, make payment of reward from the Food Authority Fund to
any person who has made an exceptional effort towards accomplishing the objective
of this Act.
53.
Public servants. The Chairperson, the members and the employees of the
Food Authority shall be deemed, when acting in the discharge of their functions
under this Act, to be public servants within the meaning of section 21 of the Pakistan
Penal Code 1860 (XLV of 1860).
54.
Immunity. No suit, prosecution or other legal proceedings shall lie against
the Government, any officer of the Government, the Food Authority, the Chairperson,
a member or any employee of the Food Authority for anything which is done in good
faith under this Act, the rules or the regulations.
55.
Overriding effect. The provisions of this Act shall have effect notwithstanding
anything contained in any other law.
56.
Government to make rules. The Government may make rules for carrying
out the purposes of this Act.
57.
Food Authority to frame regulations. (1) Subject to this Act and the rules,
the Food Authority may, by notification, frame regulations to give effect to the
provisions of the Act.
(2)
Without prejudice to the generality of sub-section (1), the regulations
may provide for:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
58.
Repeal and savings. (1) The Punjab Pure Food Ordinance 1960 (VII of
1960) is hereby repealed.
(2)
Subject to this Act, any licence or order issued under the repealed
Ordinance, which is in force on the date of coming into force of the Act, shall be
deemed to have been issued under the Act and shall continue to be in force until
expired, cancelled or withdrawn.
(3)
The standards, safety requirements and other provisions of the
repealed Ordinance or the rules made thereunder, shall, to the extent of consistency
with the Act, continue to remain in force till the standards, safety requirements are
prescribed under the Act.
(4)
The Punjab Food Safety and Standards Authority Ordinance 2011 (I of
2011) is hereby repealed.
59.
Power to remove difficulties. The Government may, by notification, make
such provisions not inconsistent with this Act, as may appear necessary for removing
any difficulty or giving effect to the provisions of the Act.