[1]THE PUNJAB ANIMALS COMPOUND FEED AND FEED
STUFF ORDINANCE, 2002
( LXVIII of
2002)
[15th
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 fulfill 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] Promulgated by the
Governor of the Punjab on 15th 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 u8nder article 128
of the constitution of Islamic Republic of Pakistan.
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