(Pb Ord LXVIII of 2002)
[15
October 2002]
An Ordinance to regulate the manufacture and
marketing of animals compound feed and feed stuff in the Province of the
Punjab.
Preamble.–
Whereas it is expedient to regulate the manufacture and marketing of animals
compound feed and feed stuff in the province of the Punjab;
And
whereas the Provincial Assembly of the Punjab is dissolved and the Governor
is satisfied that circumstances exist which render it necessary to take
immediate action;
And
whereas under Article 4 of the Provisional Constitution (Amendment) Order
No.9 of 1999, as amended by the Chief Executive Order No.11 of 2000, the
Governor of a Province may issue and promulgate an Ordinance;
Now,
therefore, in exercise of the aforesaid powers and all other powers
enabling him in that behalf, the Governor of the Punjab is pleased to make and
promulgate the following Ordinance:-
1. Short
title, extent and commencement.– (1) This Ordinance may be called the
Punjab Animals Compound Feed and Feed Stuff Ordinance, 2002.
(2) It
extends to the whole of the Punjab.
(3) It
shall come into force at once.
2. Definitions.–
In this Ordinance, unless the subject or context otherwise requires, the
following expressions shall have the meanings hereby respectively assigned to
them, that is to say–
(a) “additive” means a substance or combination of
substances added to the basic feed mix or parts thereof to fulfil a specific
biological growth and production needs;
(b) “adulterated” in relation to compound feed and
feed stuff means any compound feed stuff–
(i) which does not conform to the declaration made
by the manufacturer as to nature, substance or quality which it purports or is
represented to; or
(ii) which otherwise does not conform to the
prescribed standards;
(c) “animals” include any species of livestock and
poultry;
(d) “authorized agent” means any person who deals
in compound feed and feed stuff under an agreement or contract with the
manufacturers;
(e) “authorized officer” means an officer
authorized by Government for the purposes of this Ordinance;
(f) “cake” means the mass resulting from the
pressing of seeds, etc. after removal of oils, fats or other liquids;
(g) “complete feed” means a feed adequate to
fulfil nutritive requirements of animals;
(h) “compound feed” means any ground, pelleted,
crumbled or mixture feed intended for the feeding of animals and includes–
(i) a complete feed, including a customer formula
feed;
(ii) a concentrated mixture to be fed as part of a
ration with green forages, dry roughage or pasture;
(iii) a concentrate containing proteins, minerals,
and/ or vitamins, to be mixed with grains; but does not include–
(1) unmixed whole seeds; and
(2) whole or ground hay straw, stover, silage,
cobs and hulls when not mixed with other materials;
(iv) (1) the
poultry compound feed as prescribed;
(2) livestock
compound feed according to growth, reproductive and productive status as
prescribed; and
(v) feed of other animals, as may be prescribed.
(i) “concentrate” means a mixture of nutrients
used with another nutrient to improve the nutritive balance of the feed and to
be further diluted and mixed to produce a supplement or a complete feed for
animals;
(j) “crumble” means coarsely ground form of
pelleted feed;
(k) “customer formula feed” means any type of
mixture which may contain more than one feed stuff;
(l) “drug” means a substance intended for use in
the diagnosis, cure, mitigation, treatment or prevention of disease in animals;
(m) “feed
stuff” or “feed ingredient” means any nutritious substance used in the
production and manufacture of compound feed;
(n) “feed mill” means an automatic or semi
automatic plant for manufacturing of compound feed or customer formula feed and
possessing experimental facilities to conduct biological trials and a
laboratory of the standard to carry out proximate analysis and mycotoxin
estimation of compound feed;
(o) “Feed Inspection Officer” means an inspection
officer appointed under this Ordinance;
(p) “Government” means the Government of the
Punjab;
(q) “Inspector”
means an inspector appointed under this Ordinance;
(r) “Licencing Authority” means the officer
appointed under this Ordinance for grant of licence;
(s) “meal” means ingredient which has been ground
or otherwise reduced in particle size for consumption by animals;
(t) “micro-ingredients” mean vitamins, amino
acids, minerals and other nutritive materials normally required in small
amounts and measured as per national and international standards;
(u) “misbranded” means misuse of registered trade
name;
(v) “pellet” means ground feed transformed into
small discs by means of mechanical process in variable sizes;
(w) “prescribed” means prescribed by rules made
under this Ordinance; and
(x) “sale”
in relation to compound feed and feed stuff means transfer of ownership, in
writing, either final, barter or in a change for a price paid or promised or
part paid and part promised.
3. Feed
stuffs or feed ingredients to be used in compound feed.– (1) The feed stuffs or feed
ingredients to be used in the manufacture of compound feed for poultry and
livestock may include the following:-
(a) macro-ingredients–
(i) cereals or coarse grains:
maize or corn, rice
(broken), nakoo, sorghum or milo, wheat, barley etc.;
(ii) vegetable protein sources:
cotton
seed, meal or cake, rape seed, canola meal or cake, sunflower meal or cake,
soyabean meal, sesame cake(til cake) or meal, linseed cake, maize or corn oil
cake, maize or corn gluten feed, maize or corn gluten meal, rice polishing,
rice protein meal, wheat bran, rice bran
meal, matri, guar meal, pulses meal etc.;
(iii) animal protein sources :
fish meal, blood meal, meat
meal, feather meal or poultry by product meal, meat and bone scraps, etc.; and
(iv) industrial and agricultural products or
by-products:
molasses, fats and oils,
di-calcium phosphate, limestone, marble powder, natural products, oyster shell,
bone meal, beggasse, straws, stovers, hulls, cobs, fruit, barseem meal etc.;
(b) micro-ingredients–
(i) vitamins:
vitamin A, vitamin D3,
vitamin E, vitamin K3, thiamine, riboflavin, pantothenic acid, niacine,
pyridoxine, biotin, choline, folacin, vitamin B12, etc.;
(ii) mineral compounds or salts:
calcium, phosphorus, potassium,
sodium, chlorine, copper, iodine, iron, magnesium, manganese, selenium, zinc,
ferrous, cobalt etc.; and
(iii) amino acids.
(c) feed additives–
(i) coccidiostats, antioxidants, enzymes,
anti-fungal or antitoxin products, etc.;
(ii) premixes; and
(iii) drugs.
(2) Government
may, by notification, declare any feed stuff, to be used in manufacture of
compound feed for poultry and livestock, other than those mentioned under
clause (a) of sub section (1).
(3) The
manufacturer shall include any feed stuff as mentioned in clauses (a) (b) and
(c) of sub section (1), in order to meet the nutritive requirements in the
given animal compound feed.
4. Licence
for manufacture.– (1) No
person shall manufacture compound feed and feed stuff unless he holds a licence
issued under this Ordinance and fulfils such conditions and pays such fee, as
may be prescribed.
(2) The
Feed Inspection Officer may refuse to grant licence to any person if the
application for licence has not been made in the manner prescribed.
(3) No
order under sub-section (2) shall be made unless the applicant has had a
reasonable opportunity of being heard.
(4) The
applicant may appeal against the order made under sub-section (2) to such
authority and in such manner as may be prescribed.
5. Renewal of licence.– The licence
issued under this Ordinance shall be renewed annually on payment of prescribed
fee.
6. Packing,
labelling, etc.– No compound feed and feed stuff shall be sold unless it is
packed, branded and labelled in such manner as may be prescribed.
7. Quality
control.– (1) All compound
feeds and feed stuffs shall conform to the specifications and standards as
prescribed.
(2) The
manufacturers of any compound feed shall ensure that a label containing the
following particulars is displayed on the feed bag or packing used–
(a) the
name under which the article is sold;
(b) date
of manufacture; and
(c) nutritive
composition of compound feed.
8. Prohibition against adulterations and
misbranding.– No person shall, in
contravention of any provision of this Ordinance or the rules framed
thereunder, directly or indirectly, prepare, manufacture, keep or store for
sale, or sell or offer to sell any compound feed or feed stuff–
(a) which
is adulterated; or
(b) which
is misbranded.
9. Appointment
of Feed Inspection Officer.– (1) Government
may, by notification, appoint Feed Inspection Officer or authorize any other
officer for the purposes of this Ordinance.
(2) Feed
Inspection Officer shall also be the Licencing Authority.
10. Approval
of analytical laboratories.– Government may, by notification, approve
analytical laboratories in the public sector for the purposes of this
Ordinance, for the whole or any part of the Province of the Punjab, for any
specified compound feed or generally for all compound feeds and feed stuffs.
11. Appointment
of Inspectors.– (1) Government
may appoint Inspectors in respect of all or any compound feed and feed stuff,
and an Inspector so appointed shall have jurisdiction in such area as the
Government may notify.
(2) The
Feed Inspection Officer or the authorized officer may also exercise the powers
and perform the functions of an Inspector under this Ordinance, within the
limits of his respective jurisdiction.
12. Sampling.–
(1) An Inspector shall, for
the purpose of analysis in case of complaint, collect a sample of compound feed
and feed stuff sold, offered for sale, or stored by manufacturer or kept in
feed mill or held by his authorized agent.
(2) No
person shall refuse the Inspector from collecting compound feed and feed stuff
for the purpose of sub section (1) in such quantity and from such packing as he
may direct.
(3) If
any person contravenes the provisions of sub section (2), the Inspector may,
without prejudice to any penalty to which such person may be liable for such
contravention, seize up to twenty kilogram of the compound feed and give such
person a certificate showing the nature and quantity of the compound feed and
feed stuff seized, the date, time and place of seizure.
(4) The
Inspector shall prepare in such form as may be prescribed, a declaration in
triplicate containing full particulars relating to the sample seized and such
declaration shall be signed or marked by both the Inspector and the person from
whose possession, custody or control the compound feed and feed stuff has been
seized, and a copy thereof shall be given to such person.
(5) When a sample is taken from the stock in
the possession of an authorized agent as required under section 13(3), the
authorized agent shall be bound to give the name and such other particulars of
the person on whose behalf such stock is held by him, as the Inspector may
require.
13. General
powers of Inspectors.– (1) On
receipt of any complaint from the farmer regarding quality of feed, the
Inspector shall take representative samples of the same batch of feed from the
farmer, authorized agent and the feed mill within a period of fifteen days from
the date of purchase.
(2) If
any such compound feed and feed stuff is found upon analysis to be not of the
quality which it purports to be or if there is any contravention of the
provisions of this Ordinance, the manufacturer shall be dealt with under
section 17.
(3) An
Inspector may, with prior notice, enter upon any premises used for preparation,
manufacture, packing, storage or sale of compound feed and feed stuffs for the purpose of–
(a) collection of sample in case of complaint; or
(b) general inspection and examination of compound
feed and feed stuff.
14. Right
of private persons to have sample analyzed.– (1) Any person who has purchased the compound feed and feed stuff
for his flocks or animals or feed mill and possesses a voucher or cash memo
thereof, may make an application in writing to get his compound feed and feed
stuff samples analyzed from approved laboratory for quality check by an
Inspector having jurisdiction.
(2) The
cost of analysis of the sample shall be payable by the person making the
application.
(3) The
cost of analysis shall be in accordance with the rates of laboratory approved
for different tests by the Government.
15. Manner
of sampling for analysis.– (1) An
Inspector shall, after collecting or seizing any compound feed and feed stuff
with the intention of submitting the same for analysis, forthwith, divide such
compound feed and feed stuff in four parts. Each part shall be marked, sealed
and fastened in air tight containers in a manner prescribed so that the nature
and character of the content may not change, mentioning the date and time of
sampling.
(2) An
Inspector shall–
(a) deliver two parts to the person from whom the
sample is taken;
(b) retain one part for future comparison; and
(c) submit one part to the authorized laboratory.
16. Analysis report.– (1) The authorized laboratory shall, upon having
received any sample of compound feed and feed stuff from an Inspector, analyze
the same and deliver or send to the Inspector forwarding the sample within two
weeks, on payment of such fee as may be prescribed, a report on the prescribed
form showing the result of such analysis.
(2) A
copy of such report may be obtained from the approved laboratory by the person
from whom the article so analyzed was collected by the person who has got his
feed analysed upon making an application, on payment of prescribed fee.
(3) No
person shall display any such copy on any premises or use such copy for the
purpose of an advertisement.
17. Confiscation
and disposal.– The Feed Inspection Officer or an authorized officer shall, in case of manufacture or sale of
compound feed or feed stuff without licence or involvement in the practice of
misbranding, confiscate such manufactured stuff and machinery and disposed them
in the manner as may be prescribed.
18. Penalties.–
(1) Whoever manufactures or sells
compound feed or feed stuff without licence or is involved in the practice of
misbranding shall be punishable with imprisonment for a term which may extend
to six months or with fine which may extend to one hundred thousand rupees or
with both.
(2) Whoever manufacturers or sells any compound
feed or feed stuff which does not conform to the declared specifications and
standards shall be punishable with imprisonment for a term which may extend to
three months or with fine which may extend to fifty thousand rupees or with
both.
19. Cognizance of offences.– No court shall take cognizance of any offence
punishable under this Ordinance, except on a complaint in writing made by the
Feed Inspection Officer or an Inspector or any other officer authorized in this
behalf by the Feed Inspection Officer or Government.
20. Indemnity.–
No suit, prosecution or other proceeding shall lie against any person for
anything which is in good faith done or intended to be done in pursuance of any
provision of this Ordinance.
21. Delegation
of powers.– Government may delegate all or any of its powers under this
Ordinance to the Feed Inspection Officer or any other officer authorized by it.
22. Power
to make rules.– Government may make rules for the purpose of carrying into
effect the provisions of this Ordinance.
23. Repeal and savings.– (1) The Punjab
Animals Compound Feeding Stuff Act, 1974 (XIV of 1974), is hereby repealed.
(2) Notwithstanding
the repeal, all acts done or intended to have been done under the said Act
shall be deemed to have been done or intended to have been done under this Ordinance.
[1][1]Promulgated by the Governor
of the Punjab on 15 October 2002; and published in the Punjab Gazette
(Extraordinary), dated 15 October 2002, pages 3037-43. Under Article 4 of the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), it will remain in
force notwithstanding the maximum limit of three months prescribed under
Article 128 of the Constitution of the Islamic Republic of Pakistan.
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