Annex D

THE PUNJAB FOOD SAFETY AND STANDARDS ACT,

2011

(Act No. ……………. of 2011

An Act to enact the law relating to safety and standards of the food and to

establish the Punjab Food Authority to ensure availability of safe and

wholesome food for human consumption and for matters connected therewith or

incidental thereto.

Chapter 1

PRELIMINARY

1. Short title, extent and commencement: - (1). This Act may be called the

Punjab Food Safety and Standards Act, 2011.

(2) It extends to the whole of the Punjab.

(3) It shall come into force on such date as the Government may, by notification

in the Official Gazette, appoint, and different dates may be appointed for

different areas.

2. Definitions: - (1). In this Act, unless the context otherwise requires:-

(a). “Adulterated food” means an article of 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 affect

adversely the nature, substance or quality thereof; or

(iii) Which is processed, mixed, coloured, powdered or coated with any

other substance in contravention of 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 which may render it

injurious to health; or

(vi) The quality or purity of which does not conform to the prescribed or

prescribed standards; or

(vii) Which having been prepared, packed or kept under unhygienic and

insanitary conditions, has been contaminated or become injurious to

health;

(b) "Advertisement" means any publicity, representation or pronouncement

made by any means for the purposes of promoting, directly or indirectly, the

sale or other disposal of any food;

(c). "Chairperson" means the Chairperson of the Food Authority;

(d) " Consumer" means any person and family that purchases or receives food

for its personal needs;

(e) “Director General” means Director General of the Food Authority appointed

under this Act;

(f) “Food” means any article used as food or drink for human consumption

other than drugs, and includes–

(i) Any substance which is intended for the use in the

composition or preparation of food;

(ii) Any flavouring matter or condiment;

(iii) Any colouring matter intended for use in food;

(iv) Chewing gum, confectionery and other products of the like

nature; and

(v) Water in any form, including ice, intended for human

consumption or for use in the composition or preparation

of food: Provided that the Government may declare, by

notification in the Official Gazette, any other article as

food for the purposes of this Act.

Explanation: ‐ An article shall not cease to be food by reason only that it is

also capable of being used as a medicine.

(g) "Food Additive" includes any substance not normally consumed as a food

by itself or used as a typical ingredient of the food, the intentional addition of

which to food affects the characteristics of such food.

(h) " Food Authority" means the Punjab Food Authority established under

section 3 of this Act.

(i) "Food Business" means any undertaking, whether for profit or not, carrying

out any of the activities related to any stage of manufacture, processing,

packaging, storage, transportation, distribution of food, import and includes

food services, catering services, sale of food or food ingredients;

(j) "Food Laboratory" means any food laboratory or institute established by the

Government or any other agency and recognized by the Food Authority;

(k) " Food Safety Officer” means a Food Safety Officer appointed under this

Act;

(l) “Godown” means a place where articles of food are received or stored for

sale or delivery to a customer or consignee, and includes godowns of the

Railways, and of shipping or other transport agencies;

(m). “Government” means the provincial 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) "Ingredient" means any substance, including a food additive used in the

processing, manufacturing, preparation etc of food and present in the final food

product, and may be in a modified form;

(p) "Label" includes any tag, brand, mark, pictorial or other descriptive matter,

written, printed, stencilled, marked, painted, embossed or impressed on, or

attached to or included in, belonging to, or accompanying any food;

(q) " Licence" means a licence granted under this Act or regulation made there

under;

(r) "Local area" means any area notified by the Food Authority to be a local area

for the purposes of this Act;

(s) “Misbranded food’’ means an article of food:-

i. Which is an imitation of, or a substitute for, or resembles, in a manner

likely to deceive, another article of food; or

ii. Which is so coloured, flavoured, coated, powdered or polished as to

conceal the true nature there of; 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 therein, which is false or misleading.

(t) "Notification" means a notification published in the Official Gazette and

issued under the provisions of this Act or Regulations made under this Act;

(u) "Package" includes anything in which food is wholly or partly cased,

covered, enclosed, contained, placed or otherwise packed in any way

whatsoever and any such other receptacle of any kind whether opened or closed

;

(v) "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 therewith and any vehicle, conveyance, vessel

or aircraft where any article of food is sold or manufactured or stored for sale;

(w) "Prescribed" means prescribed by the Rules or Regulations made under this

Act;

(x) " Public Analyst" means an analyst appointed under this Act;

(y) “Safe food" means an article of food which is not unsafe;

(z) "Sale" with its grammatical variations and cognate expressions, means a

transfer of ownership of any article of food, and includes an agreement for sale,

and also an attempt to sell any such article;

(za) "Standard", in relation to any article of food, means the standard notified by

the Food Authority;

(zb) "Sub-standard" means that article of food that does not meet the prescribed

standards but not so as to render the article of food unsafe;

(zc) “Transit” includes all stages of transportation from the place of

manufacture, production, processing, or other source of origin to the consumer;

and

(zd) "Unsafe food" means an article of food whose nature, substance or quality

is so affected by any means as to render it injurious to health.

Chapter 11

ESTABLISHMENT OF FOOD AUTHORITY

3. Establishment of the Food Authority : - (1). The Government shall, by

notification, establish the Punjab Food Authority to exercise the powers

conferred upon, and to perform the functions assigned to it under this Act.

(2). The Food Authority shall be a body corporate having perpetual succession

and a common seal.

4. Composition of Food Authority: - (1). The Food Authority shall consist of a

Chairperson and the Members.

(2). The government shall appoint the chairperson as prescribed.

(3). The following shall be the members of the Food Authority:

(a). Secretary Food Department Member

(b) Secretary Health Department Member

(c). Secretary Finance Department Member

(d). Secretary Livestock and Dairy Development

Department

Member

(e). Secretary Local Government and Community

Department

Member

(f). Two eminent food technologists or scientists Members

(g).Three Representative of the Chambers of

Commerce and Industry

Members

(h). One Representative from retailers’ organisations Member

(i). One Representative from farmers organizations Member

(j). One Representative from consumer

organizations

Member

(k). An Eminent citizen Member

(4). The representatives of the Chambers of Commerce and Industry shall be

from the Chambers of Commerce and Industry of the divisional headquarters on

rotation basis in alphabetical order.

(5). The representatives of the Chambers of Commerce and Industry shall be

nominated by the Chambers;

(6). The representatives of the Chambers of Commerce and Industry shall serve

as member for one year only.

(7). The members mentioned at section 4 (3) (f), (h), (i), (j) and (k) shall be

recommended to the government by a committee consisting of the following:

a. Chief Secretary

b. Secretary Food

c. Secretary Health

d. Head of National Institute of Food Science & Technology, Faisalabad

(8). The Food Authority may, if deems expedient, co-opt any other person as a

member.

(9). The Government shall, within one month from the date of occurrence of any

vacancy of the chairperson or a member of the Food Authority, fill up the

vacancy.

(10). The chairperson and members other than ex officio members of the Food

Authority shall be appointed in such a manner so as to ensure the highest

standards of professional competence and experience, gender balance and

equitable geographic distribution within the province.

5. Terms and conditions of service of chairperson and members of Food

Authority: - (1). Subject to section 4, 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 for a further period of three years.

(2. A member other than ex officio member may be appointed for two terms

only whether consecutive or otherwise.

(3). The salary and allowances payable to, and the other terms and conditions of

service of the chairperson or members other than ex officio members shall be

prescribed by the Food Authority.

(4). The Chairperson and every Member shall, before entering upon his office,

make an oath of office in such form and before such authority as may be

prescribed by the Government.

(5). Notwithstanding anything contained in sub-section (1), the chairperson, or a

member other than ex officio members may- (a) relinquish his office by giving

in writing to the Government a notice of not less than one month; or (b) be

removed from his office in accordance with the provisions of section 6 of this

Act.

6. Removal of chairperson and members of Food Authority: - (1)

Notwithstanding anything contained in sub-section (1) of section 5 of the Act,

the Government may, by order, remove from office, chairperson or any member

other than ex officio member, if he:

(a) has been adjudged an insolvent; or

(b) has been convicted of an offence which involves moral turpitude; or

(c) has become physically or mentally incapable of acting as a chairperson or

member; or

(d) has so abused his position as to render his continuance in the office

prejudicial to the public interest.

(2). No Chairperson or a Member shall be removed from the office except

under this section and unless he has been given an opportunity of being heard in

person.

7. Powers and functions of Food Authority: - (1). The Food Authority shall

regulate and monitor the manufacture, processing, distribution, transportation,

storage, sale and import of food so as to ensure safe food.

(2). Without prejudice to the provisions of sub-section (1), the Food Authority

may by regulations specify-

(a) Standards, procedures, processes and guidelines in relation to any

aspect of food including food business, food labeling, food additives, and

specify appropriate enforcement systems;

(b) Procedure and guidelines for setting up and accreditation of food

laboratories; and

(c) Method of sampling, analysis of samples, reporting of results;

(d) Licensing, prohibition order, recall procedure, improvement notice,

prosecution etc;

(e) Service matters of its employees; and

(f) Any other thing which is necessary or incidental for the discharge of

its functions under this Act.

(3). The Food Authority may also-

a) Provide scientific advice and technical support to the Government

in matters of framing the food laws;

b) Collect and analyze relevant scientific and technical data relating to

food matters.

c) Establish a system of network of organizations to facilitate food

safety and quality control;

d) Organize training programmes in food safety and standards;

e) Promote general awareness as to food safety and standards; and

f) Certify food for export out of the province or the country;

g) Perform any other function, if any, assigned to it by the

Government to carry out the objects of this Act.

8. Proceedings of 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 shall establish scientific panel,

which shall consist of the following:

a) Secretary Food, Government of Punjab

b) Secretary Health, Government of Punjab

c) Representative of Pakistan Standards and Quality Authority or its

provincial equivalent.

d) Representative of Pakistan Council of Scientific and Industrial

Research or its provincial equivalent.

e) Representative of National Institute of Food Science & Technology,

Faisalabad

f) One Food technologist and scientist from a recognized research

institute or academic institution

g) One qualified Medical Practitioner

h) Representatives from the relevant stake holders as prescribed

i) The scientific penal may co-opt any other member from the relevant

industry.

(2). 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.

(3) If the Food Authority does not agree with the recommendations of the

Scientific Panel, it can refer these back with reasons for reconsideration by the

Scientific Panel.

(4). The scientific panel shall re-consider the reference and forward the final

recommendations that shall be notified by the Food Authority.

10. Other employees of Food Authority: - (1). The Food Authority may

determine the number, categories, ranks and terms and conditions of other

employees including the Director General, required to the Food Authority in the

discharge of its functions.

(2). The terms and conditions of the service of the government shall, as far as

may be, apply to the employees of the Food Authority.

11. Director General of the Food Authority: - (1). The government shall

appoint a Director General who shall be the Chief Executive Officer and the

Secretary of the Food Authority.

(2). The Director General, subject to the control of the Food Authority, shall be

responsible for efficient implementation of the Act, and the regulations made

there under.

(3). The Director general shall have the powers of the Food Safety Officer as

enumerated under section 19 of the Act.

(4). The Food Authority may, if not satisfied with the performance of the

Director General, surrender him to the government.

Chapter III

ENFORCEMENT MECHANISM OF THE ACT

12. Licensing of food business: - (1). No place shall be used and no person

shall commence or carry on any food business except under a prescribed

licence: Provided that the Food Authority may exempt any premises or class of

premises or class of business from the operation of this section.

13. Improvement notice: - (1). If the Food safety Officer has reasons to

believe that any food business operator has failed to comply with any provisions

of the Act or Regulations made there under, he may, by an improvement notice

served on that food business operator -

(a) State the grounds for believing that the food business operator has

failed to comply with any provisions of the Act or regulations made there

under;

(b) Specify the matters which constitute the food business operator's

failure so to comply;

(c) Specify the measures which, the food business operator must take, in

order to secure compliance with the relevant provisions of the law.

(2). If the food business operator fails to comply with an improvement notice,

his license may be suspended or canceled.

14. Prohibition orders: - (1). If-

(a) any food business operator is convicted of an offence under this Act or

Regulations made there under and the convicting court is satisfied that the

health risk exists with respect to that food business, the court, may impose the

following prohibitions, namely:-

(i) a prohibition on the use of a process, treatment, premises or equipment

for the purposes of the food business; or

(ii) a prohibition on the food business operator participating in the

management of any food business prescribed in the order.

15. Emergency prohibition orders: - 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 business operator, by an order, impose the

emergency prohibition against carrying out that food business.

(3). Any person, who is aggrieved by any action taken under sub section(1),

may appeal, as prescribed in the regulations, to the Director General whose

decision thereon, shall be final.

16. Notification of food poisoning: - The Food Authority may, by notification,

require Registered Medical Practitioners carrying on their profession in any

local area to report all occurrences of food poisoning to the Food safety Officer.

17. Food recall procedures: - (1). If the Director General has reasons to

believe that a food is not in compliance with this Act, or regulations made there

under, he shall order the immediate withdrawal of the food in question from the

market indicating reasons for its withdrawal.

(2). Any person, who is aggrieved by any action taken under this section, may

appeal, as prescribed in the regulations, to the Food Authority whose decision

thereon, shall be final.

18. Food Safety Officer: - (1). The Food Authority shall, by notification,

appoint such persons as it thinks fit, having the prescribed qualifications, as

Food Safety Officers for such local areas as it may assign to them for the

purpose of performing functions under this Act and the regulations made there

under.

19. Powers of Food Safety Officer: - (1). The Food Safety Officer, for the

enforcement of this Act, may-

(a) take samples of any food or any substance, which appears to him to be

intended for sale, or to have been sold; or

(b) seize any article of food, apparatus or utensil which appears to the Food

Safety Officer to be in contravention of this Act or the regulations made there

under; and

(c) enter and 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 contains any food;

(e) Examine any books, documents or other records with respect to any food

and make copies thereof or take extracts there from;

(f) Demand the production of the Identity Card, the Business Registration

Certificate or any other relevant document;

(g) Mark, seal or otherwise secure, weigh, count or measure any food or

appliance;

(h) Stop, search and detain any vehicle or package of any food Provided that

nothing in this section shall authorize the detention of any vehicle belonging to

the Government and Railways.

(2). A Food Safety Officer shall prepare a statement describing the food,

apparatus or utensil, vehicle seized or detained and shall deliver a copy of the

statement to the person from whom it is seized or detained, or, if such person be

not present, send such copy to him by post.

(3). Any person claiming anything seized or detained under sub-section (1) may

within seven days of the seizure apply to the competent court who may allow

such seizure or detention wholly or in part or may order the article to be restored

to the claimant.

(4). If the court confirms the seizure, the food, apparatus, utensil or vehicle, as

the case may be, 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 they were found.

(5). If no application is made within the said period , the article of food or the

apparatus, utensil or vehicle, as the case may be, seized, shall be confiscated 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 such food and from such person as may be

specified in the application and to submit such sample to the Public Analyst for

analysis.

(7). The Food Safety Officer shall be responsible for prosecution under this Act

or Regulations made there under.

20. Establishment of Food laboratories - (1). The Food Authority may

establish and accredit food laboratories for the purposes of carrying out analysis

of samples under this Act or regulations made there under.

21. Public Analysts: - (1). The Food Authority may, by notification, appoint

such persons as it thinks fit, having the qualifications prescribed by the

regulations, to be Public Analysts for such local areas as may be assigned to

them by the Food Authority.

(2).   The production in a trial of a certificate under the hand of a public analyst

shall, until the contrary is proved, be sufficient evidence of the facts therein

stated.

(3). 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, and the

cost of such analysis shall be paid by the accused unless otherwise directed by

the Court.

Chapter IV

OFFENCE AND PENALTIES

22. Selling food not in compliance with Law: - Any person, who sells to the

purchaser any food which is not in compliance with the provisions of this Act or

the regulations made there under, shall be punished with imprisonment for a

term which may extend to two years and with fine not exceeding one million

rupees.

23. Sub-standard or misbranded food: - Any person who manufactures for

sale or stores or sells or distributes or imports any article of food for human

consumption which is sub-standard or misbranded, shall be punished with

imprisonment for a term which may extend to three years and with fine not

exceeding one million rupees.

24. Unsafe food: - Any person who manufactures for sale or stores or sells or

distributes or imports any unsafe food, shall be punishable,-

(i) Where such unsafe food does not result in injury, with imprisonment

for a term which may extend to two years and also with fine which may

extend to two hundred thousand rupees;

(ii) Where such unsafe food results in a simple injury, with imprisonment

for a term which may extend to three years and also with fine which may

extend to four hundred thousand rupees;

(iii) Where such unsafe food results in a grievous injury, with

imprisonment for a term which may extend to six years and also with fine

which may extend to one million rupees;

(iv) Where such unsafe food results in death, with imprisonment for a

term which may extend to imprisonment for life and also with fine which

shall not be less than two million rupees.

25. False advertisement: - (1). Any person who for the purpose of affecting or

promoting the sale of any food, publishes or causes to be published, any

advertisement which:

(a) falsely describes any food; or

(b) is inconsistent with or contrary to any regulations made under this Act;

(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

thereof, shall be punished with imprisonment for a term which may extend to

three years and with fine not exceeding one million rupees.

(2). Any person who published or causes to be published any advertisement

which does not contain the true name of the person by whom the advertisement

is published and the address of his place of business, commits an offence and is

liable to imprisonment for a term not exceeding three years and fine not

exceeding one million rupees.

26. False or labelling not complying with regulations: - (1). Any person who

prepares, packages, labels any food which does not comply with the prescribed

standard, commits an offence and is liable to imprisonment for a term not

exceeding three years and fine not exceeding one million rupees.

(2). Any person who labels any food in a manner that is false, misleading or

deceptive as regards its character, nature, value, substance, quality, composition,

merit or safety, strength, purity, weight, origin, age or proportion commits an

offence and is liable to imprisonment for a term not exceeding three years and

fine not exceeding one million rupees.

27. Failure to comply with the directions: - If any person, without reasonable

ground, fails to comply with any order or notice issued by any authority under

this Act, shall be liable to liable to imprisonment for a term not exceeding two

years and fine not exceeding half million rupees.

28. Unhygienic or unsanitary place for food: - Any person who manufactures

or processes or keeps any article of food for human consumption under

unhygienic or unsanitary conditions, shall be punished with imprisonment for a

term which may extend to three years and with fine not exceeding one million

rupees.

29. Contraventions for which no specific penalty is provided: - Whoever

contravenes any provisions of this Act or regulations made there under, for the

contravention of which no penalty has been separately provided, shall be

punished with imprisonment for a term which may extend to one year and with

fine not exceeding half million rupees.

30. False information: - If a person, in connection with a requirement or

direction under this Act, provides any information or produces any document

that is false or misleading, shall be punished with imprisonment for a term

which may extend to one year and also with fine not exceeding half million

rupees or with both.

31. Obstructing the Food Safety Officer: - (1). Any person who obstructs or

impedes any Food Safety Officer or any other authorized officer in the course of

his duty is liable to imprisonment for a term not exceeding one year or to fine

not exceeding half million rupees or both.

(2). Any person who unlawfully removes, alters or interferes in any way with

any food, article, equipment, vehicle, etc seized, detained or sealed under this

Act or Regulations made there under is liable to imprisonment for a term not

exceeding one year and fine not exceeding half million rupees.

32. Business without license: - If any food business operator who

manufacturers, sells, stores or distributes or imports any article of food without

the prescribed license, shall be liable to imprisonment for a term which may

extend to one year and fine not exceeding half million rupees.

33. Warranty: - (1). No manufacturer or distributor of, or dealer in, any food

specified by the regulations shall sell such food to any vendor unless a written

warranty or other written statement is given that the food complies with the

provisions of this Act or any regulation made there under.

(2). Any person who contravenes the provisions of subsection (1) is liable to

imprisonment for a term not exceeding one year and fine not exceeding one

million rupees.

(3).Any person who in respect of any food sold by him gives to the purchaser a

false warranty in writing is liable to imprisonment for a term not exceeding two

years and fine not exceeding half million rupees.

34. Punishment for subsequent offences: - (1). If any person, after having

been previously convicted of an offence punishable under this Act or

Regulations made there under, subsequently is convicted of the same offence,

shall be liable to:-

(i) Twice the punishment, which might have been imposed on a first

conviction, subject to the punishment being maximum provided for the

same offence;

(ii) A further fine on daily basis which may extend up to two hundred

thousand rupees; and

(iii) His license shall be cancelled.

35. Compensation in case of injury or death of consumer: - (1). Without

prejudice to the other provisions of this Chapter or any other law for the time

being in force, if any person manufactures or sells or imports any article of food

causing injury or death, to the consumer, the court shall direct him to pay

compensation to the victim or the legal heirs of the victim, an amount-

(a) Not less than one million rupees in case of death;

(b) Not exceeding five hundred thousand rupees in case of injury:

Provided that in case of death, the compensation shall be paid within thirty days

of the incident.

36. Forfeiture of food etc: - In case of any conviction under this Act or the

regulations made there under, the court may order that any food to which the

conviction relates, together with all packages or vessel containing the same,

equipment, machinery, vehicle etc shall be confiscated to the Food Authority.

37. Offences by companies: - (1). Where an offence under this Act or

regulations made there under, has been committed by a company, every person

who at the time the offence was committed was in charge of, and was

responsible for the offence, as well as the company, shall be deemed to be guilty

of 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 deemed to be guilty of the offence.

Explanation.-For the purpose of this section,-

(a) " Company" means any body corporate and includes a firm or other

association of individuals; and

(b) "Director", in relation to a firm, means a partner in the firm.

38. Publication in Newspapers: - A notification of the name of any person

who has been convicted of any offence against this Act or any regulations made

there under together with his place of business, the nature of the offence and the

fine, forfeiture, or other penalty inflicted shall, if the court so orders, be

published in newspapers and the convict shall pay the cost of such publication

and such cost shall be treated as if it was a fine imposed by such court.

39. Power to compound and bail: - (1). The Director General or any other

officer so authorized by the Food Authority, may compound, as prescribed, an

offence committed under sections 22, 28, 29, 30, 32, and 33 this Act, if

committed by a petty manufacturer who himself manufactures and sells any

article of food, retailer, hawker, small vendor, temporary stall holder by

payment of a sum of money provided that the composition money shall not be

more than one hundred thousand rupees.

(2). On payment of such composition money by the offender, any food seized

shall be forfeited and destroyed.

(3). The offences under section 24 (iii) and (iv) of this Act are non-bailable.

Chapter V  

JURISDICTION AND PROCEDURE

40. Jurisdiction of the Consumer Court: - (1). Notwithstanding anything

contained in the Code of Criminal Procedure, 1898, the consumer court

established under Punjab Consumer Protection Act 2005 shall have the

exclusive jurisdiction to try the offences under this Act and the Regulations

made there under.

(2). Where no such consumer court has been established for the time being, the

case may be tried by a Magistrate of the First Class.

41. Complaint to be filed by whom: - No Court shall take cognizance of

any offence punishable under this Act or the regulations made there under

except on a complaint made by a Food Safety Officer:

Provided that if the offence causes death or grievous injuries, any aggrieved

person can lodge a complaint before the court under Chapter XVI of the Code

of Criminal Procedure 1898 (ACT V OF 1898).

42. Time limit for prosecutions: - No prosecution for an offence under this Act

or regulations made there under shall begun after the expiry of:-

(a) three years from the commission of the offence; or

(b) one year from its discovery by the prosecutor, whichever is the earlier.

43. Summary Trial: - (1). All offences under this Act and the regulations made

there under shall be tried in a summary way and the provisions of the Code of

Criminal Procedure, 1898, shall, as far as may be, apply to such a trial.

(2). If it appears to the court that the nature of the case is such that it is

undesirable to try the case summarily, the court shall record an order to that

effect and proceed to hear or rehear the case in the manner provided by the said

Code.

44. Defence Available:- In any proceedings for an offence under this Act and

regulations made there under, it is a defence if it is proved that the person took

all reasonable precautions and exercised all due diligence to prevent the

commission of the offence by such person or by another person under his

control.

45. Power of court to implead others. - Where during the trial of any offence

under this Act or regulations made there under, the court is satisfied that any

other person is also connected with that offence, then the court may proceed

against him as though a prosecution has been instituted against him under this

Act.

46. Recovery of Fine : - (1). A fine imposed under this Act or regulations

made there under, if not paid, shall be recovered as an arrear of land revenue

and the defaulters licence shall be suspended till the penalty is paid.

(2). All fines and composition fees shall be deposited with the Food Authority.

Chapter VI

FINANCES AND REPORTS

47. Finances of the Food Authority: - (1). The Government may make to the

Food Authority grants of such sums of money as the Government may think fit.

(2). The Food Authority may levy fee on any of its functions and powers under

the Act and the regulations made there under.

(3). The Food Authority shall approve, as may be prescribed by the

Government, its budget.

(4). The Food Authority shall maintain proper accounts and relevant records.

(5). The annual accounts of the Food Authority together with the audit report

thereon shall be forwarded to the Government.

48. Annual report of Food Authority: - (1) .The Food Authority shall prepare

once every year, in such form and at such time as may be prescribed by the

Food Authority, an annual report and copy of the report shall be forwarded to

the Government.

Chapter VII

MISCELLANEOUS

49. Extended Application of Act.- The provisions of this Act, so far as they are

applicable, may be extended by regulations made under this Act to apply to

tobacco, cigars, cigarettes, snuff, and other substance in like manner as the

provisions apply to food.

50. Confidentiality:- The information received under this Act or regulations

made there under shall not be disclosed to third parties except for information

which must be made public in public interest.

51. Delegation of Powers: - (1). The Food Authority and the Director General

may, by written order, delegate, subject to such conditions and restrictions as

may be specified in the order, such of its powers and functions as it may deem

expedient to any of its officers.

(2). The Food authority may confer the functions and the powers of the Food

Safety Officer upon any government servant in the public interest.

52. Reward by the Food Authority: - The Food Authority may order payment

of reward to any person from such fund and in such manner as may be

prescribed.

53. Protection to public servants: - (1). The Chairperson, the Members of the

Board of Directors and the employees of the Food Authority shall be deemed,

when acting in discharge of their functions, to be public servants within the

meaning of section 21 of the Pakistan Penal Code 1860.

(2). No suit, prosecution or other legal proceedings shall lie against the

Government, any officer of the Government, the Food Authority or chairperson,

directors, or any employee of the Food Authority for anything which is done in

good faith under this Act or the regulations made there under.

54. Overriding effect of this Act: - The provisions of this Act shall have an

overriding effect notwithstanding anything inconsistent therewith contained in

any other law for the time being in force.

55. Food Authority to make regulations:- (1). The Food Authority may, by

notification, make regulations to carry out the provisions of this Act.

(2). Without prejudice to the generality of the foregoing provision, such

regulations may provide for, namely:-

a) Rules of procedure for transaction of business of Food Authority;

b) Terms and conditions of service of the chairperson, members and

other employees, including Director General;

c) Procedure for Scientific Panels;

d) Standards and guidelines in relation to articles of food, slaughter

houses, milk and milk product, food places, food workers and

handlers;

e) Limits of additives, contaminants, toxic substance, heavy metals

pesticides, veterinary drugs, residues etc in the food;

f) Marking, packaging, labeling, advertising, warranty of the food;

g) Food recall procedures, improvement notices, prohibition orders;

h) licensing, registration;

i) inspection of food business, safe and hygienic storage and

transportation practices; etc;

j) Laboratories, sampling, fee for laboratories test;

k) prosecution, appeal etc;

l) Finance, accounts, budget and reporting regulations;

m) Any other matter which is required to be, or may be, in respect of

which provision is to be made by regulations.

56. Repeal: - The following laws shall stand repealed: Provided that such repeal

shall not affect the previous operations of the laws under repeal or order passed

or anything duly done or suffered there under.

a) The Punjab Pure Food Ordinance 1960 (W.P. Ordinance VII of 1960) 

b) The Punjab Animals Slaughter Control Act, 1963 (W.P. Act III of 1963) 

57. Savings: - (1). Any license or order issued under any law, which is in force

on the date of commencement of this Act, shall continue to be in force till the

date of its expiry.

(2). The standards, safety requirements and other provisions of the repealed law

or any other law for the time being in force, shall continue to be in force till

new relevant provisions are prescribed under this Act and regulations made

hereunder:

58. Power to remove difficulties: - The Food Authority may, by notification,

make such provisions as may appear necessary, for removing any difficulty

arising in giving effect to the provisions of this Act: Provided that no order shall

be made under this section after the expiry of the period of five years from the

date of commencement of this Act.