Pakistan Fish Inspection and Quality Control Act, 1997

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THE PAKISTAN FISH INSPECTION AND QUALITY CONTROL 
ACT, 1997 
 
 
CONTENTS 
 
 
1 Short title, extent and commencement. 
2 Definitions. 
3 Registration of fish processing plants, etc. 
4 Registration of fish exporters. 
5 Constitution and functions of Inspection Committee. 
6 Inspection of fish processing plant. 
7 Fish Export. 
8 Handling of fish and fishery products. 
9 Quality evaluation of fish and fishery products. 
10 Powers, duties and functions of Fishery Officer. 
11 Cognizance of offence. 
12 Penalties. 
13 Power to search. 
14 Seizure and disposal. 
15 Revision. 
16 Indemnity. 
17 Delegation of powers. 
18 Power to make rules. 

 
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THE PAKISTAN FISH INSPECTION AND QUALITY CONTROL ACT, 1997 
ACT NO. XXXV OF 1997 
An Act to regulate quality and promote export of fish and fishery products from Pakistan 
 
WHEREAS it is expedient to regulate quality and promote export of fish and fishery products 
and to prevent export of substandard quality of fish and fishery products and for matters connected  
therewith and ancillary thereto; 
 
It is hereby enacted as follows:— 
 
1. Short title, extent and commencement.—(1) This Act may be called the Pakistan Fish 
Inspection and Quality Control Act, 1997. 
 
(2) It extends to the whole of Pakistan. 
 
(3) It shall come into force at once. 
 
2. Definitions. In this Act, unless there is anything repugnant in the subject or context— 
 
(a) “certificate of quality and origin ” means a certificate issued by the 
Director­General or an  officer authorized by him certifying that the fish is 
wholesome and fit for human consumption or for any other  purpose specified 
therein; 
 
(b) “Director­General” means Director­General, Marine Fisheries Department;, 
 
(c) “export” means export of fish and fishery products from Pakistan by any 
means to any place outside Pakistan; 
 
(d) “fish” means all aquatic animals of inland, marine and brackish water origin, 
alive or dead, and includes prawns, shrimps, lobsters, crabs, oysters, clams, 
scallops, turtles, in salted,  unsalted, semi­dried, dried, frozen, preserved, 
cured, or canned form and any other aquatic animal or animal product which 
the Director General, Marine Fisheries Department, may by an order declare 
to be fish for the purposes of this Act ; 
 
(e) “fish exporter” means a person engaged in carrying on the business of export 
of fish and fishery products and registered with the registration authority; 
 
(f) “fish inspection” means inspection of fish and fishery products by a Fishery 
Officer for the  purpose of assessing  the quality of  the fish by inspecting 
sanitary and hygienic conditions and the physical, chemical and 
bacteriological examination of fish and fishery products; 
 
(g) “fish processing” means cleaning, filleting, icing, packing, canning, freezing, 
pickling, cooking, drying, semi­drying, salting, chilling, smoking, extraction 
 
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of oil, conversion into  fish­meal or preparing fish in  any other manner for  
marketing; 
 
(h) “Fishery Officer” means an Officer duly authorized by the Federal 
Government to exercise the powers and perform the functions for carrying out 
the provisions of this Act; 
 
(i) “Fishery product” means anything originating, produced or made, whether in 
whole or in part from a fish; 
 
(j) “Inspection Committee” means a committee constituted under section 5; 
 
(k) “prescribed” means prescribed by rules made under this Act; 
 
(l) “processing plant” means an establishment, place or premises where fishes are 
processed; 
 
(m) “quality” in respect of fish means a fish or fishery product conforming to the 
established standards prescribed under this Act; 
 
(n) “quality control ” means quality assurance of fish and fishery products 
conforming to  standards prescribed under this  Act or the  rules made 
thereunder; 
 
(o) “registration” means registration of a fish processing plant under this Act and 
“registered” shall be construed accordingly; 
 
(p) “registration authority ” means a Fishery Officer authorised by the 
Director­General, by an  order in writing, to register fish processing plants 
under this Act or the rules made thereunder; 
 
(q) “rules” means rules made under this Act; and 
 
(r) “unwholesome” means fish or fishery products that have an offensive or 
objectionable odour, flavour, colour, texture or substance associated with 
spoilage. 
 
3. Registration of fish processing plants, etc.—(1) No fish processing plant shall process 
fish and fish products unless it is registered with the registration authority. 
 
(2) The registration authority may, on receipt of an applica tion from a fish processing plant, 
on payment of such fees and conditions as may be prescribed, issue a certificate of registration. 
 
4. Registration of fish exporters. —(1) No person shall export fish or fishery products 
unless he is registered with the registration authority. 
 
(2) The registration authority may, on receipt of an application from a fish processing plant, 
on payment of such fees and conditions as may be prescribed, issue a certificate of registration. 
 
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5. Constitution and fun ctions of Inspecti on Committee. —(1) The Federal Government 
shall constitute an Inspection Committee consisting of one representative each of the Export 
Promotion Bureau, the Marine Fisheries Department and a broad based trade association of fish 
processing plants. 
 
(2) The functions of the Committee shall be— 
 
(a) to conduct a survey, or surveys, of fish processing plants with a view to 
determining their fitness for registration; 
 
(b) to hear appeals against orders, decisions, action or omissions of Fishery 
Officers; 
 
(c) to make recommendations to the Federal Government for the efficient 
functioning of the industry, the removal of malpractices therein and the 
enhancement of exports; and 
 
(d) to discharge such other functions as may be conferred on it under the rules. 
 
6. Inspection of fish processing plant. —(1) A Fishery Officer may inspect any fish 
processing plant to ensure  the observance of the  provisions of this Act and the  rules made 
thereunder. 
 
(2) A Fishery Officer may, without any order from a Magistrate and without a warrant, arrest 
any person operating a fish processing plant without a valid registration granted under section 3. 
 
7. Fish Export. —No person shall process and export or market for export or have in his 
possession for export or deal in, any fish or fish products intended for human consumption which are 
decomposed, unwholesome or contaminated with pathogenic organisms. 
 
8. Handling of fish and fishery products.—No Person who is suffering from leprosy, 
tuberculoses, polio or such other contagious diseases as the  Government may, by notification in the 
official Gazette, specify, shall handle, carry or process fish or work in a fish processing and packing 
plant or establishment. 
 
9. Quality evaluation of fish and fishery products. —All fish and fishery products found 
to be of sub­standard quality shall be detained by the Fishery Officer and shall be disposed of in such 
manner as may be prescribed. 
 
10. Powers, duties and functions of Fishery Officer.—Subject to the provisions of this Act, 
the Fishery Officer shall exercise the following powers:­ 
 
(a) to carry out inspections of plants where fish and fishery products are 
processed for export; 
 
(b) to carry out inspection of fish and fishery products for export; 
 
(c) to register fish processing plants and exporters carrying on fish export 
business and issue  registration certificates on the recommendation of the 
 
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Inspection Committee; 
 
(d) to issue certificates of quality and origin for fish and fishery products when 
the quality is found to be satisfactory upon inspection ; 
 
(e) to detain fish and fi shery products when found to be unwholesome and unfit 
for human consumption upon inspection; and 
 
(f) to carry on any other functions assigned by the Director­General which may 
be necessary for the successful regulation of quality and promotion of export  
of fish and fishery products. 
 
11. Cognizance of offence.—No Court shall take Cognizance of any offence under this Act, 
except upon a complaint in writing made by an Officer authorized by the Federal Government in this 
behalf. 
 
12. Penalties.—(1) Whoever contravenes,  or attempts to contravene, any provision of this 
Act or the rules shall, without prejudice to any other penalty to which he may be liable, be punished­ 
 
(i) on a first conviction with fine which may extend to fifty thousand rupees; 
 
(ii) on a second conviction to a fine which may extend to one hundred thousand 
rupees; 
 
(iii) on a third conviction to a fine which may extend to two hundred thousand 
rupees; and 
 
(iv) for any subsequent conviction with imprisonment for a term which may 
extend to one  year or with fine  which may extend to three  hundred thousand 
rupees. 
 
(2) No Court inferior to that of a Magistrate of the first class shall try an offence punishable 
under this Act and notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act 
V of 1898), it shall be lawful for the Magistrate trying an offence under this Act to pass any sentence 
authorized by this Act. 
 
(3) Any export of fish or fishery products which is  not accompanied by a valid certificate of  
quality and origin, shall be detained, confiscated or disposed of by the Marine Fisheries Department,  
in such manner as may be prescribed. 
 
(4) Where the person contravening any provision of this Act or the rules is a  company or 
other body corporate, every director, manager, or other officer or agent thereof involved in the 
contravention shall be deemed to be guilty of such contravention. 
 
(5) Whoever attempts to contravene, or abets the  contravention of, any provision of this Act 
or the rules shall be deemed to have contravene the provisions of this Act or the rules. 
 
13. Power to search.—Any Fishery Officer may search any fish processing plant or fish 
 
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consignment intended for export which he has reason  to believe to be not fresh, decomposed, 
unwholesome or contaminated. 
 
14. Seizure and disposal. —(1) If any Fishery Officer has reason to believe that any fish or 
fishery product intended for human consumption is decomposed, unwholesome or contaminated 
with pathogenic organisms, he  may seize or detain the same and shall, at the time of seizure or 
detention, inform, in writing, the person from whose possession the seizure or detention is made, of 
the grounds for the said action. 
 
(2) The seized or detained products shall be dealt with in accordance with the decision of the 
court before which the owner of the processing plant or fish exporter is prosecuted. 
 
15. Revision.—(1) Any person aggrieved by an order passed by the Inspection Committee 
may apply for revision to the Federal Govern ment within thirty days from the date of issue of such 
order and the decision of the Federal Government thereon shall be final. 
 
(2) The Federal Government may, on receipt of an application under sub­section (1) above, 
stay the operation of the order of the Committee till the disposal of the application. 
 
16. Indemnity.—No suit, prosecution or legal proceedings shall lie against the Federal 
Government, Marine Fisheries Department, a  Fishery Officer or any other person for anything in  
good faith done or intended to be done under this Act or the Rules. 
 
17. Delegation of powers. —The Federal Government may, by notification in the official 
Gazette, delegate to the Inspection Committee or the Fishery Officer or any officer or authority, its 
powers under this Act. 
 
18. Power to make rules. —(1) The Federal Government (Marine Fisheries Department) 
may, by notification in the official Gazette, after consultation with the Inspection Committee make 
rules for carrying out the purposes of this Act. 
 
(2) In particular and without prejudice to the generality of the foregoing power, such rules 
may provide for all or any of the following matters namely: — 
 
(a) the procedure of applying for registration; 
 
(b) the conditions of registration; 
 
(c) the fee to be charged for registration; 
 
(d) the fee to be charged for a certificate of quality and origin for export of fish 
and fishery products; 
 
(e) to hear appeals or revisions; 
 
(f) the procedure for inspection of fish and fishery products; 
 
(g) prescribing the samples procedure and the manner in which samples of fish 
and fishery products are selected for laboratory analysis; 
 
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(h) prescribing quality standards for fish and fishery products; 
 
(i) regulation of handling, processing, packaging, storage and marketing of fish 
and fishery products; 
 
(j) determining disposal procedure for fish and fishery products which do not 
conform with  the prescribed requirements or are otherwise considered 
unwholesome or unsuitable for human consumption; 
 
(k) the forms of registration and certificates of quality and origin; 
 
(l) validation period for registered fish processing plants, fish exporters and the 
certificates of quality and origin; and 
 
(m) any other matter which is to be or may be prescribed in furtherance of the 
provisions of this Act. 
 
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