[1]THE PUNJAB FOOD AUTHORITY ACT 2011
(Act XVI
of 2011)
[6
July 2011]
An Act to
provide for the safety and standards of food and
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 I
1. Short title, extent and commencement.–
(1) This Act may be cited as the Punjab Food Authority Act 2011.
(2) It extends to whole of the Punjab .
(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. Definitions.– In this Act–
(a) “adulterated
food” means the food–
(i) which is not of the nature, substance or quality which it purports
or is represented to be; or
(ii) which contains any such extraneous substance as
may adversely affect the nature, substance or quality of the food; or
(iii) which is processed, mixed, coloured, powdered or coated with any
other substance in contravention of the rules or the regulations; or
(iv) any constituent of which has been wholly or in
part abstracted so as to affect injuriously its nature, substance or quality; or
(v) which contains any poisonous or other ingredient that may render it
injurious to human health; or
(vi) the quality or purity of which does not conform to the prescribed
standards; or
(vii) which has been prepared, packed or kept under unhygienic and
insanitary conditions; or
(viii) which is contaminated or has become injurious to health;
(b) “advertisement” means any publicity,
representation or pronouncement made by any means for purposes of promoting the
sale or disposal of any food;
(c) “Chairperson”
means the Chairperson of the Food Authority;
(d) “consumer”
means a person who receives food against a consideration or otherwise and
includes an end user of the food;
(e) “Director General” means Director
General of the Food Authority;
(f) “food”
means anything used as food or drink for human consumption other than drugs,
and includes–
(i) any substance which is intended for use in the preparation of food;
(ii) any flavouring agent or condiment;
(iii) any colouring matter intended for use in food;
(iv) chewing gum, confectionary and other products
of like nature;
(v) water in any form including ice, intended for human consumption or
for use in the composition or preparation of food; and
(vi) any other thing prescribed as food;
Explanation-I.– A thing shall not cease to be food by reason that it is
also capable of being used as drugs.
Explanation-II.– In this clause, the word “drugs” has
the same meaning as is assigned to it in the Drugs Act 1976 (XXXI of 1976).
(g) “food
additive” includes any substance not normally consumed as food by itself or
used as a typical ingredient of food but the addition of which to food affects
the characteristics of the food;
(h) “Food
Authority” means the Punjab Food Authority established under the Act;
(i) “food
business” means any undertaking, whether or not for profit, carrying out any of
the activities related to any stage of manufacturing, processing, packaging,
storage, transportation, distribution of food, import, export and includes food
services, catering services, sale of food or food ingredients;
(j) “food
laboratory” means any food laboratory or institute established or recognized by
the Food Authority;
(k) “food
operator” means a person who manufactures for sale, transports, stores, sells,
distributes, imports or exports food;
(l) “Food
Safety Officer” means a Food Safety Officer appointed under the Act;
(m) “Government”
means the Government of the Punjab ;
(n) “import”
means bringing into the Punjab any article of
food by any means including land, river, canal or air;
(o) “label”
includes any tag, brand, mark, pictorial or other descriptive matter, written,
printed, stenciled, marked, painted, embossed or impressed on, or attached to
or included in, belonging to, or accompanying any food;
(p) “licence” means a licence granted under the Act
or the rules or the regulations;
(q) “member”
means a member of the Food Authority;
(r) “misbranded
food’’ means the food–
(i) which is an imitation of or resembles another food, in a manner that
it is likely to deceive the consumer; or
(ii) which is so coloured, flavoured, coated, powdered or polished as to
conceal the true nature of the food; or
(iii) which is contained in any package which, or
the label of which, bears any statement, design or device regarding the
ingredients or the substances contained in the food, that is false or
misleading;
(s) “package” includes anything in which food is
wholly or partly cased, covered, contained, placed or otherwise packed in any
manner and any such other receptacle of any kind whether opened or closed;
(t) “premises”
include any shop, stall, hotel, restaurant, airline services, canteens, place,
vehicle, building or tent or any other structure and any adjoining land used in
connection with it and any vehicle, conveyance, vessel or aircraft where any
food is sold or manufactured or stored for sale;
(u) “prescribed”
means prescribed by the rules or the regulations;
(v) “public
analyst” means a public analyst appointed under the Act;
(w) “safe
food” means an article of food which is not unsafe;
(x) “Scientific Panel” means the Scientific Panel
constituted under the Act;
(y) “standard”, in relation to any article of food,
means the prescribed standard and includes the standard notified by the Food
Authority; and
(z) “unsafe
food” means the food whose nature, substance or quality is so affected by any
means as to render it injurious to human health.
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) Secretary
to the Government, Food Department;
(b) Secretary
to the Government, Health Department;
(c) Secretary to the Government, Public Health
Engineering Department;
(d) Secretary
to the Government, Livestock & Dairy Development Department;
(e) Secretary
to the Government, Local Government & Community Development Department;
(f) three members of the Provincial Assembly of
the Punjab [2][including at least one female member
of the Assembly] to be nominated by the Government;
(g) two
food technologists or scientists [3][including at least one female
scientist] to be nominated by the Government;
(h) one
representative of the Chambers of Commerce & Industry;
(i) one
representative of Food Industry;
(j) one
representative of food operators;
[6][(1a) The Government shall, while appointing members
mentioned in clauses (h), (i) and (j) of subsection (1), appoint at least one
female belonging to any of those categories.]
(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) Chief
Secretary to the Government (Convener);
(b) Secretary
to the Government, Food Department;
(c) Secretary
to the Government, Health Department; and
(d) Director
General, National Institute of Food Science & Technology, University of Agriculture,
Faisalabad .
(4) The Food Authority may, with the prior
approval of the Government, co-opt 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) The
Food Authority shall meet at least thrice in a year.
(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 month’s 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) has
been adjudged an undischarged insolvent; or
(b) has been convicted of an offence which
involves moral turpitude; or
(c) has
become physically or mentally incapable of acting as the Chairperson or the
member; or
(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) Without prejudice to the provisions of
sub-section (1), the Food Authority may–
(a) formulate
standards, procedures, processes and guidelines in relation to any aspect of
food including food business, food labelling, food additive, and specify
appropriate enforcement systems;
(b) specify
procedures and guidelines for setting up and accreditation of food
laboratories;
(c) formulate
method of sampling, analysis of samples and reporting of results;
(d) specify
licensing, prohibition orders, recall procedures, improvement notices or
prosecution;
(e) determine
terms and conditions of service of its employees;
(f) provide
scientific advice and technical support to the Government in matters relating
to food;
(g) collect
and analyze relevant scientific and technical data relating to food;
(h) establish
a system of network of food operators and consumers to facilitate food safety
and quality control;
(i) organize
training programmes in food safety and standards;
(j) promote
general awareness as to food safety and standards;
(k) levy
fee for registration, licensing and other services;
(l) certify
food for export;
(m) perform
any other prescribed function; and
(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) Director
General of the Food Authority (Convener);
(b) a
representative, having background of food science or technology, of an organization
established for determining standards and quality of food;
(c) a
representative, having background of food science or technology, of an
organization established for scientific or industrial research on food;
(d) a
representative, having background of food science or technology, of the
National Institute of Food Science & Technology, University of Agriculture,
Faisalabad;
(e) a
food technologist or scientist;
(f) a
medical practitioner registered with Pakistan Medical and Dental Council; and
(g) three representatives of the food manufacturers
in the relevant field.
(2) A Scientific Panel may co-opt any other
member from the relevant industry.
(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) The Director General shall hold office
during the pleasure of the Food Authority.
(3) 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 Director General may exercise powers
of a Food Safety Officer under the Act.
11. Public
analysts.– (1) The Food Authority may, by
notification, appoint public analysts for such areas as it may assign to them.
(2) A public analyst shall possess such
qualifications as may be 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) A Food Safety Officer shall possess such
qualifications as may be 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. Powers of
Food Safety Officer.– (1) A Food Safety Officer may–
(a) take
sample of any food or any substance, which appears to him to be intended for
sale, or has been sold as food;
(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) enter
or seal any premises where he believes any food is prepared, preserved,
packaged, stored, conveyed, distributed or sold, examine any such food and
examine anything that he believes is used, or capable of being used for such
preparation, preservation, packaging, storing, conveying, distribution or sale;
(d) open
and examine any package which, he believes, to contain any food;
(e) examine
any book or documents with respect to any food and make copies of or take
extracts from the book or document;
(f) demand
the production of the identity card, the business registration certificate,
licence or any other relevant document from a food operator;
(g) mark,
seal or otherwise secure, weigh, count or measure any food or appliance; and
(h) search
and seize any vehicle carrying food.
(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.
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) specifying
the matters which constitute the food operator’s failure so to comply; and
(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) a
prohibition on the use of a process, treatment, premises or equipment for
purposes of the food business; or
(b) a
prohibition, with or without specifying period of prohibition, on the food
operator to conduct or operate the food business.
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).
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) where
such unsafe food results in injury to any person, to imprisonment for a term
which may extend to three years and fine which may extend to one million
rupees; or
(c) where
such unsafe food results in death of a person, to imprisonment for a term which
may extend to imprisonment for life and fine which shall not be less than two
million rupees.
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) falsely
describes any food, or
(b) is
contrary to any rules or regulations; or
(c) is
likely to deceive a purchaser with regard to the character, nature, value,
substance, quality, strength, purity, composition, merit or safety, weight,
proportion, origin, age or effects of any food or of any ingredient or
constituent of the food,
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) twice
the punishment of imprisonment and fine, which is provided for the offence
under the Act; and
(b) a
further fine which may extend to two hundred thousand rupees.
(2) The licence of a food operator mentioned
in sub-section (1) shall be 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) not less than one million rupees in case
of death; and
(b) not exceeding five hundred thousand
rupees in case of injury.
(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.
Explanation.– In this section, “Company” means a body corporate and
includes a firm or any other association of persons.
38. Publication
in newspapers.– If a person
is convicted of an offence and the conviction has attained finality, the Food
Authority shall, if so directed by the Court, publish the name of the person
together with the name and place of his business, the nature of the offence and
the fine, forfeiture, or other penalty imposed on him, in newspapers or in any
other mode for information of the people and the convict shall be liable to pay
the cost of such publication.
Chapter V
39. Jurisdiction
of the Food Authority.– (1) On information received from
a Food Safety Officer or any other person, the Food Authority may, for reasons
to be recorded in writing–
(a) order
prosecution of a person under this Act;
(b) suspend
or cancel the licence of the food operator;
(c) impose
on the food operator fine which may extend to five hundred thousand rupees; or
(d) decide,
if the circumstances so warrant, not to take any action on the information.
(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.
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) The Food Authority Fund shall consist of–
(a) funds provided by the Government or the
Federal Government;
(b) loans
or grants by the Government or the Federal Government;
(c) other
loans or funds obtained by the Food Authority;
(d) grants and loans negotiated and raised, or
otherwise obtained, by the Food Authority with the prior approval of the
Government;
(e) fee,
charges, rentals and fines collected by the Food Authority;
(f) income
from the lease or sale of the property;
(g) funds
from floating bonds, shares, debentures, certificates, or other securities
issued by the Food Authority; and
(h) all
other sums received by the Food Authority.
(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 approve 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
(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) The report shall consist of–
(a) the statement of accounts and audit reports of
the Food Authority;
(b) a
comprehensive statement of the work and activities of the Food Authority during
the preceding financial year and its proposed projects and schemes; and
(c) such
other matters as may be prescribed or as the Food Authority may consider
appropriate.
(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.
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) frame or amend regulations;
(b) constitute
a committee or fill a vacancy in a committee;
(c) formulate
standards, procedures, processes and guidelines in relation to any aspect of
food; and
(d) approve
the annual report, annual budget and audited accounts.
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) procedure
for transaction of business of the Food Authority;
(b) terms
and conditions of service of the employees of the Food Authority;
(c) procedure
and conduct of business by a scientific panel;
(d) standards
and guidelines in relation to any food, food places, food workers and food
handlers;
(e) limits
of additives, contaminants, toxic substance, heavy metals pesticides,
veterinary drugs, residues etc., in the food;
(f) marking,
packaging, labelling, advertising and warranty of any food;
(g) food
recall procedures, improvement notices and prohibition orders;
(h) licensing
and registration procedures;
(i) inspection
of food business, safe and hygienic storage and transportation practices;
(j) recognition
and accreditation of laboratories and scale of fee for a laboratory test;
(k) search
of a premises, vehicle or person and guidelines for taking and handling samples
of any food;
(l) prosecutions
and appeals under the Act; and
(m) finances,
accounts, budget and reporting procedures.
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.
[1]This Act was passed by the Punjab Assembly on 23 June
2011; assented to by the Governor of the Punjab on 5 July 2011; and, was
published in the Punjab Gazette (Extraordinary), dated 6 July 2011, pages
591-603.
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