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
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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;