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  "title": "Islamabad Capital Territory Food Safety Act, 2021",
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  "text": "Page 1 of 18 \r\n \r\n \r\n \r\n \r\n \r\nTHE ISLAMABAD CAPITAL TERRITORY FOOD SAFETY, 2021 \r\n \r\n \r\n \r\n \r\n  \r\n \r\n \r\n \r\n              CONTENTS \r\n                ___________ \r\n   \r\nCHAPTER-I \r\nPRELIMINARY \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n \r\nCHAPTER-II \r\nESTABLISHMENT OF FOOD AUTHORITY \r\n3. Establishment of the Food Authority \r\n4. Powers and functions of Food Authority \r\n5. Director of the Food Authority \r\n \r\nCHAPTER-III \r\nFOOD SAFETY OFFICERS \r\n6. Food safety officer \r\n7. Powers of food safety officer \r\n \r\nCHAPTER-IV \r\nLABORATORIES \r\n8. Establishment of food laboratories \r\n9. Licensing of food business \r\n \r\n\r\n \r\nPage 18 of 18 \r\n \r\n10. Public analysts \r\n \r\nCHAPTER-V \r\nOFFENCES AND PENALTIES \r\n11. Selling food against the law \r\n12. Substandard or misbranded food \r\n13. Unsafe food \r\n14. Unhygienic or un-sanitary place for food \r\n15. Contravention for which no specific penalty is provided \r\n16. False Information \r\n17. Obstructing the food safety officer \r\n18. Business without license \r\n19. False advertisement \r\n20. False labelling etc. \r\n21.  Failure to comply with the directions \r\n22.  Punishment for subsequent offences \r\n23.  Compensation in case of injury or death of a consumer. \r\n24.  Forfeiture of food, etc. \r\n25.  Offences by companies \r\n26.  Publication in newspaper \r\n \r\nCHAPTER-VI \r\nJURISDICTION AND PROCEDURE \r\n27.  Jurisdiction of the food authority \r\n28.  Food Tribunal \r\n29.  Cognizance and investigation \r\n30.  Time limit for prosecutions \r\n \r\nPage 3 of 18 \r\n \r\n31.  Summary trail \r\n32.  Defence available \r\n33.  Recovery of fines etc. \r\n34.  Appeal against conviction \r\n35.  Transfer of cases \r\n \r\nCHAPTER-VII \r\nMISCELLANEOUS \r\n36.  Powers to make rules \r\n37.  Powers to make regulations \r\n38.  Immunity \r\n39.  Public Servant \r\n40.  Bank accounts \r\n41.  Budget and accounts \r\n42.  Audit \r\n43.  Annual report \r\n44.  Application of the Code of Criminal Procedure, 1898 (Act V of 1898). \r\n45.  Repeal and savings \r\n46.  Overriding effect \r\n47.  Power to remove difficulties \r\n  \r\n \r\nPage 18 of 18 \r\n \r\nTHE ISLAMABAD CAPITAL TERRITORY FOOD SAFETY, 2021 \r\n \r\n[1st December, 2021] \r\nACT NO. L OF 2021 \r\n \r\nAN \r\nACT \r\n \r\nto provide for the safety and standards of food and for establishment of the         Islamabad Food Authority \r\n \r\nWHEREAS, it is expedient to protect public health, to provide for the safety and standards \r\nof food, to establish the Islamabad Food Authority and for other connected matters; \r\n \r\nIt is hereby enacted as follows:— \r\n \r\nCHAPTER-I \r\n \r\nPRELIMINARY \r\n \r\n             1.   Short title, extent and commencement.— (1) This Act shall be         called the Islamabad \r\nCapital Territory Food Safety Act, 2021. \r\n \r\n(2) It extends to the whole of the Islamabad Capital Territory. \r\n \r\n(3) It shall come into force on such date as the Government may, by  notification in the official \r\nGazette, appoint. \r\n \r\n             2.   Definitions.—(1) In this Act, unless there is anything repugnant in the subject or context.— \r\n \r\n(i) “Act” means the Islamabad Capital Territory Food Safety Act,         2021. \r\n \r\n(ii) “adulterated food” means an article of food,— \r\n \r\n(a) which is not of the nature, substance or quality which it purports or represented to be; or \r\n(b) which contains any such extraneous substance which may  affect adversely the nature, \r\nsubstance or quality thereof; or \r\n(c) which is processed, mixed, coloured, powdered or coated with  any other substance in \r\ncontravention of any provision of the Act rules or regulations; or \r\n(d) any constituent which has been wholly or in part abstracted so as to affect injuriously its \r\nnature, substance or quality; or \r\n(e) which contains any poisonous or other ingredient which may render it injurious to health; \r\nor \r\n \r\nPage 5 of 18 \r\n \r\n(f) the quality or purity of which does not conform to the prescribed standards; or \r\n(g) which having been prepared, packed or kept under unhygienic        and insanitary \r\nconditions, or has become contaminated or injurious to health; \r\n \r\n(iii) “advertisement” means any publicity, representation or pronouncement made by any means for \r\nthe purposes of promoting, directly or indirectly, the sale or other disposal of any food; \r\n(iv)  “competent authority” means the Secretary Interior Division; \r\n(v) “consumer” means any person that purchases the food against consideration or otherwise; \r\n(vi)  “Director Food Authority” means officer appointed or nominated        as such by  the \r\ncompetent authority for the purposes of this Act; \r\n(vii) “fee” means the amount prescribed by the rules; \r\n(viii) “food” means anything whether processed, semi processed, raw or  cooked and used as \r\nfood adulterant for human consumption other  than drugs as defined in the Drug Act,1976 \r\n(XXXI of 1976) and includes,— \r\n(a) any substance intended to be used in composition or         preparation of food; \r\n  \r\n(b) any flavouring matter or condiment; \r\n \r\n(c) any colouring matter intended to be used in food; \r\n \r\n(d) chewing gum, confectionery and other products of the like  nature; and \r\n \r\n(e) water in any form, including ice, either for direct human or use in the composition or \r\npreparation of food: \r\n \r\nProvided that competent authority may declare, by notification in the official Gazette, any \r\narticle as food for the purposes of this Act: \r\n \r\nProvided further that an article shall not cease to be food by  reason only that it is also \r\ncapable of being used as a medicine. \r\n \r\n(ix) “food additive” includes any substance which, normally, is not  consumed as food, by \r\nitself, but is used  as a typical ingredient of  the food, the addition of which to the food \r\naffects the characteristics  of such food; \r\n(x) “Food Authority” means the ICT Food Authority established under section 3 of the Act; \r\n \r\n(xi) “food business” means any undertaking establishment or concern whether maintained for \r\nprofit or otherwise, carrying on any of the activities related to any stage of manufacturing, \r\nprocessing, packaging, import, export, storage, transportation, distribution of  food and \r\nincludes services like catering, distribution and sale of food or food ingredients; \r\n \r\nPage 18 of 18 \r\n \r\n(xii) “food labo ratory” means any laboratory or institute to be declared  by the Competent  \r\nAuthority; \r\n(xiii) “food safety officer” means any officer appointed as such, by the competent authority; \r\n(xiv) “godown” means a place where articles of food are received or stored for sale or delivery \r\nto a customer or consignee, and includes  godowns of the Railways  and other transport \r\nagencies, etc.; \r\n(xv) “Food Tribunal” means any Magistrate, not less than First Class,  notified as tribunal  \r\nunder the Act; \r\n(xvi) “Government” means the government in relation to the Islamabad Capital Territory; \r\n(xvii) “injury” means causing of pain, harm, disease, infirmity either bodily or in mind; \r\n(xviii) “ingredient” means any substance, including a food additive used  in processing, \r\nmanufacturing, preparation etc. of food to present its final food product either in modified \r\nform or otherwise; \r\n(xix) “label” includes any tag, brand, mark whether pictorial or descriptive written, printed, \r\nstencilled, embossed, impressed on, or  attached to or included in or belonging to  or \r\naccompanying any food; \r\n(xx) “licence” means a licence granted under this Act or the rules made there under, as may be \r\nnotified by the Director Food Authority; \r\n(xxi) “misbranded food” means an article of food,— \r\n(a) which is an imitation of, or resembles an other food in such a       manner that is likely to \r\ndeceive the consumers; or \r\n(b) which is so coloured, flavoured, coated, powdered or polished  as to conceal the true \r\nnature thereof; or \r\n(c) which is contained in any package which, or the label of which bears any statement, \r\ndesign, picture or description regarding the ingredients or the substances contained \r\ntherein, which is false or misleading.     \r\n(xxii)  “package” includes anything in which food is wholly or partly cased, covered, enclosed, \r\ncontained, placed or otherwise packed in  any way whatsoe ver and any such other \r\nreceptacle of any kind whether opened or closed; \r\n \r\n(xxiii) “premises” include any shop, stall, hotel, restaurant, airline services, canteens, place \r\n(open or closed by a boundary), building        or tent or any other structure and any adjoining \r\nland used in connection therewith and any vehicle, conveyance, vessel or aircraft where \r\nany article of food is manufactured, stored,  transported or sold etc.; \r\n(xxiv) “prescribed” means prescribed by the rules; \r\n \r\nPage 7 of 18 \r\n \r\n(xxv)    “public analyst” means an analyst appointed under the Act; \r\n(xxvi)    “safe food” means the food that is not unsafe; \r\n(xxvii) “sale” with its  grammatical variations and cognate expressions, means a transfer of \r\nownership of any article of food, and includes        an agreement for sale, and also an attempt \r\nto sell any such article; \r\n(xxviii) “standard” in relation to any article of food, means the prescribed         and includes the \r\nstandard notified by the Food Authority; \r\n(xxix) “sub-standard” means the article of food that does not meet the  prescribed but not so as \r\nto render the article of food unsafe; \r\n(xxx) “transit” includes all stages of transportation from the place of manufacture, production, \r\nprocessing, or other source of origin to        the consumer; \r\n(xxxi) “unsafe food” means an article of food whose nature, substance or  quality is so affected \r\nby any means as to render it injurious to health and includes food which does not comply \r\nwith relevant          technical resolutions under technical barriers to trade (TBT) and sanitary and \r\nphytosanitary (CPS) conditions; \r\n(xxxii) “food operator” means a person who manufactures for sale,     transports, by the Competent \r\nAuthority as such; and \r\n \r\n(xxxiii) “scientific panel” means the scientific panel constituted under the         Act. \r\n \r\nCHAPTER-II \r\n \r\nESTABLISHMENT OF FOOD AUTHORITY \r\n \r\n             3.   Establishment of the Food Authority.—(1) The Government shall, by notification in the \r\nofficial Gazette, establish the ICT Food Authority to carry out the purposes of this Act. \r\n \r\n            (2)  The Food Authority shall consist of a Board comprising a Chairperson and following  \r\nMembers, namely:— \r\n \r\n(a) Chief Commissioner ICT.         Chairperson \r\n(b) Representative of the Ministry of Health Regulation \r\nnot below BPS-19.        Member \r\n(c) Representative of the Ministry of Interior not \r\n below BPS-19.   Member \r\n(d) Representative of the Government, Food Security \r\n not below BPS-19.   Member \r\n(e) Two members of the National Assembly of the ICT \r\n to be nominated by the Government.   Member \r\n \r\nPage 18 of 18 \r\n \r\n(f) Two food technologists or scientists to be nominated \r\n by the Government.   Member \r\n(g) one representative of the Chambers of Commerce \r\n       and Industry to be nominated by the Government.   Member \r\n(h) one representative of Industry to be nominated by  \r\nthe Government.   Member \r\n(i) one representative of Food Operator to be nominated \r\n by the Government.  Member-cum-Secretary \r\n \r\n \r\n           (3)    The members other than the ex-officio members shall be appointed in the manner and term \r\nas prescribed. \r\n \r\n           (4)    The general directions and superintendence of the affairs of the Authority shall vest in Board \r\nwho with the assistance of Director Food Authority  shall discharge its functions under the guidance and \r\ninstructions on policy matters by the Federal Government. \r\n \r\n           (5)   The Board may, with the prior approval of the Chairperson, co -opt any other person as a \r\nmember. \r\n \r\n           (6)   The Chairperson and members, other than ex-officio members, shall       be appointed in such \r\nmanner as to ensure the highest standards of professional competence and experience. \r\n \r\n           (7)    A meeting of the Board shall be held in the manner provided by the  regulations, and until so \r\nprovided, as may be determined by the Board. \r\n \r\n           (8)   The Secretary of the Board shall, on the direction of the         Chairperson, call a meeting of the \r\nBoard. \r\n \r\n           (9)   The Board shall meet at least thrice in a year. \r\n \r\n          (10)   The Chairperson, or in his/her absence, any other member elected by the members present at \r\na meeting, shall preside at a meeting of the Board. \r\n \r\n           (11)   The quorum for a meeting shall be one third of the total members, the fraction being counted \r\nas one. \r\n \r\n            (12)   No act or proceedings of the Board shall be questioned or invalidated merely on the ground \r\nof existence of any vacancy or defect in the constitution of the Board. \r\n \r\n            4.    Powers and functions of Food Authority.—(1) The Food  Authority shall enjoy such powers \r\nand perform such function as may be notified  by the Government from time to time in addition to the \r\nfollowing functions, namely:— \r\n \r\n(a) specify procedures and guidelines for setting up and accreditation  of food laboratories; \r\n \r\nPage 9 of 18 \r\n \r\n(b) formulate method of sampling, analysis of samples and reporting of  results; \r\n(c) specify licensing, prohibition orders, recall procedures, improvement  notices or \r\nprosecution; \r\n(d) determine terms and conditions of service of its employees; \r\n(e) collect and analyze relevant scientific and technical data relating to       food; \r\n(f) establish a system of network of food operators and consumers to     facilitate food safety \r\nand quality control; \r\n(g) organize training programmes in food safety and standards; \r\n(h) promote general awareness as to food safety standards; \r\n(i) levy fee for registration, licensing and other services; \r\n(j) certify food for expert; \r\n \r\n(k) perform any other prescribed function; and \r\n(l) do any other thing which is necessary for the discharge of its      functions under this Act. \r\n(2)  The Food Authority shall exercise its functions, as far as possible, in accordance with the \r\nwell-established scientific principles and international best practices. \r\n \r\n             5.    Director of the Food Authority. —(1) The competent authority  shall nominate or appoint \r\nthe Director Food Authority on such terms and conditions as it may determine. \r\n \r\n            (2)   The Director Food Authority, who shall be the chief executive officer of the Authority, shall \r\nbe responsible for efficient implementation of the Act. \r\n \r\n            (3)   The Director Food Authority shall exercise such powers and functions as may be prescribed. \r\n \r\n \r\nCHAPTER-III \r\n \r\nFOOD SAFETY OFFICERS \r\n \r\n            6.    Food safety officer. —The competent authority may by notification  in the official Gazette \r\nappoint food safety officers, from amongst such persons as       it deems appropriate for the purpose having \r\nsuch qualifications as may be prescribed in the rules. \r\n \r\n            7.    Powers of food safety officer.—(1) The powers and functions of the food safety officers shall \r\nbe the following, namely:— \r\n \r\n(a) take sample of any food or any substance, which appears to him to be intended for sale, or has \r\nbeen sold as food; \r\n \r\nPage 18 of 18 \r\n \r\n(b) seize any food, apparatus or utensil which appears to the food        safety officer to be in \r\ncontravention of this Act, the rules or the regulations; \r\n(c) enter or seal any premises where he believes any food is prepared, preserved, packaged, stored, \r\nconveyed, distributed or sold, examine          any such food and examine anything that he believes \r\nis used, or  capable of being used for such preparation, preservation, packaging, storing, \r\nconveying, distribution or sale; \r\n \r\n(d) open and examine any package which, he believes, to contain any food; \r\n \r\n(e) examine any book or documents with respect to any food and make          copies of or take extracts \r\nfrom the book or documents; \r\n \r\n(f) demand the production of the identity card, the business registration certificate, licence or any \r\nother relevant document from a food operator; and \r\n \r\n(g) search and seize any vehicle carrying food. \r\n \r\n(2)  A food safety officer shall prepare a statement describing the food,  apparatus, utensil, or \r\nvehicle seized and shall deliver a copy of the statement to the person from whom it is seized or, if such \r\nperson is not present, send such  copy to him by mail. \r\n \r\n(3)  A person claiming back anything seized under sub -section (1) may, within seven days of the \r\nseizure, apply to the Court and the Court may confirm such seizure, wholly or in part, or may order that it \r\nbe restored to the claimant. \r\n \r\n(4)  If the Court confirms the seizure of the food, apparatus or utensil, it   shall be forfeited to the \r\nFood Authority or the Court may direct that such food, apparatus, utensil may be destroyed at the cost of \r\nthe owner or person in whose possession it was found. \r\n \r\n(5) If an application is not made within seven days under sub -section (3), the food, apparatus or \r\nutensil seized, shall be forfeited to the Food Authority. \r\n \r\n(6) Any person may make an application in writing to the Food Safety  Officer asking him to \r\npurchase a sample of any food from a food operator and       get it analyzed from the public analyst. \r\n \r\nCHAPTER-IV \r\n \r\nLABORATORIES \r\n \r\n             8.   Establishment of food laboratories. — The competent authority  may establish or opt any \r\naccredited food laboratory from Pakistan National Accreditation Council for the purposes of carrying on \r\nanalysis of the samples procured as may be prescribed. \r\n \r\n             9.   Licensing of food business.—(1) A person shall not use any place  for food business except \r\nunder the prescribed registration or licence. \r\n \r\n \r\nPage 11 of 18 \r\n \r\n            (2)  The Food Authority may in the prescribed manner, exempt a class  of food operators from \r\nobtaining compulsory registration or licence under this section. \r\n \r\n            10.   Public analysts.- (1) The competent authority may, by notification  in the official Gazette, \r\nnominate or appoint such person as it may deems fit, having such qualification to be the public analyst for \r\nsuch area as may be  prescribed. \r\n \r\n(2)  The production of a certificate under the hand of a public analyst, in          a trial shall, until contrary \r\nis proved, be sufficient evidence of the facts stated therein. \r\n \r\n(3)  The Food Tribunal may of its own or on the request of the accused, send, any sample of food, \r\nto the public analyst for test, the cost of which analysis        shall be paid by the accused unless otherwise \r\ndirected by the Food Tribunal. \r\n \r\nCHAPTER-V \r\n \r\nOFFENCES AND PENALTIES \r\n \r\n            11.   Selling food against the law.—Any person who sells or offers for sale any adulterated food \r\nor food which is not in compliance with the provisions  of this Act or the rules, shall be punished with \r\nimprisonment for a term which may extend to six months or fine which may extend to one million rupees \r\nor with       both. \r\n \r\n            12.   Substandard or misbranded food.— Any person who manufactures          for sale, stores, sells, \r\ndistributes any food which is substandard or is misbranded,  shall be punished with imprisonment for a \r\nterm which may extend to six months or fine which may extend to one million rupees or with both. \r\n \r\n            13.  Unsafe food.—Notwithstanding anything contained in any law for the time being in force, a \r\nfood operator, who manufactures for sale, stores, sells, distributes any unsafe food, shall be liable— \r\n \r\n(a) where the unsafe food does not result in injury to any person, to  imprisonment for a term \r\nwhich may extend to six months or fine  which may extend to one million rupees or with \r\nboth; \r\n \r\n(b)    where such unsafe food results in injury to any person, to imprisonment for a term which \r\nmay extend to three years or fine which may extend to one million rupees or with both; and \r\n \r\n(c) where such unsafe food results in death of a person, to imprisonment for life or fine which \r\nmay extend to five million rupees, but not less than three million, or with both. \r\n \r\n           14.   Unhygienic or un-sanitary place for food.—Any person who manufactures or processes or \r\nkeeps any article of food for human consumption  under un-hygienic or unsanitary conditions, shall be \r\npunished with imprisonment for a term which may extend to six months or fine which may extend to half \r\na million rupees or with both. \r\n \r\n           \r\n \r\nPage 18 of 18 \r\n \r\n 15.   Contravention for which no specific penalty is provided.— Whoever, contravenes any \r\nprovisions of the Act or the rules made there under, for which no specific penalty has been provided, \r\nshall be punished with imprisonment for a term which may extend to one year or fine which may extend  \r\nto half a million rupees or with both. \r\n \r\n          16.   False Information.—If a person, in connection with a requirement or direction under this Act \r\nor the rules made there-under, provides any information or produces any document or article of food that \r\nis false or misleading, shall be punished with imprisonment for a term which may extend to six months or \r\nfine which may extend to half a million rupees or with both. \r\n \r\n          17.   Obstructing the food safety officer.— (1) Any person who obstructs or impedes any food \r\nsafety officer or any other authorized officer in the         course of performing his duty under the Act or the \r\nrules made there under, shall  be punished with imprisonment for a term which may extend to six \r\nmonths or       fine which may extend to half a million rupees or with both. \r\n \r\n(2) Any person who un-lawfully removes, alters or interferes, in any way, with any food, article, \r\nequipment, vehicle, etc. seized, detained or sealed  under the Act or the rules made thereunder shall be \r\npunished with imprisonment for a term which may extend to six months or fine which may extend to half \r\na million rupees or with both. \r\n \r\n           18.  Business without license.— If any food business operator who manufacturers, sells, stores \r\nor distributes any article of food without the prescribed license, shall be punished with imprisonment for \r\na term which may extend to six months or fine which may extend to half a million rupees or with both. \r\n \r\n           19.   False advertisement.— (1) Any person who for the purpose of affecting or promoting the \r\nsale of any food, publishes or causes to be published, any advertisement which,— \r\n \r\n(a) falsely describes the food; or \r\n \r\n(b) is contrary to the any provision of Act or the rules; or \r\n \r\n(c) is likely to deceive a purchaser with regard to the character, nature, value, substance, quality, \r\nstrength, purity, composition, merit, safety, weight, proportion, origin, age or effects of any \r\nfood or of any ingredient or constituent of the food, shall be punished with  imprisonment for \r\na term which may extend to one year or fine which may extend to two million rupees or with \r\nboth. \r\n \r\n(2)  Any person who publishes or causes to be published any         advertisement which does not contain \r\nthe true name of the person by whom the  advertisement is published and the address of his place of \r\nbusiness, shall be  punished with imprisonment for a term which may extend to one year or fine  which \r\nmay extend to two million rupees or with both. \r\n \r\n           20.   False labelling etc.— (1) Any person who prepares, packages, labels any food which does not \r\ncomply with the prescribed standards, shall be punished with imprisonment for a term which may extend \r\nto three years or fine which may extend to one million rupees or with both. \r\n \r\n \r\nPage 13 of 18 \r\n \r\n(2) Any person who labels any food in a manner that is false, misleading or deceptive with regard \r\nto its character, nature, value, substance, quality or composition, shall be punished with imprisonment for \r\na term which may extend to one year or fine which may extend to one million rupees or with both. \r\n \r\n            21.  Failure to comply with the directions.— If any person, without any reasonable ground, fails \r\nto comply with any order or  notice issued or any  directions given, under this Act or the rules made \r\nthereunder, shall be punished with imprisonment for a term which may extend to one year or fine which \r\nmay extend to half a million rupees or with both. \r\n \r\n            22.   Punishment for subsequent offences.—(1) If any person after  having been, previously \r\nconvicted of an offence punishable under the Act or         rules made thereunder, is subsequently convicted \r\nof the same offence, shall be liable to— \r\n \r\n(a) the double of the punishment which he had already received as previous conviction; and \r\n \r\n(b) on further commission of offence under the Act or the rules made  there under, be banned to \r\ncarry on the food business in addition to the award of maximum punishment for the offence. \r\n \r\n(2) The licence of such food operator shall be cancelled. \r\n \r\n            23.  Compensation in case of injury or death of a consumer. —(1) Notwithstanding anything \r\ncontained in any other law, in case of injury or death       of a consumer due to unsafe food, the Tribunal in \r\naddition to any other penalty  under this Act may direct the food operator to pay compensation to the \r\nconsumer or the legal heirs of the consumer, as the case may be, an amount which is— \r\n(a) not less than one million rupees in case of death; and \r\n(b) not exceeding half a million rupees in case of injury. \r\n(2) If the food operator fails to pay the compensation under this section, the Food Authority \r\nshall recover the compensation as arrears of land revenue and make payment of the recovered amount to \r\nthe injured or legal heirs of the deceased, as the case may be. \r\nExplanation.—In this section, “Company means a body corporate and       includes a firm or any \r\nother association of persons, whether required or not. \r\n             24.  Forfeiture of food, etc.—In case of conviction under this Act, the  Tribunal may direct that \r\nany food, apparatus, utensil, equipment, machinery, vehicle or any other thing, be confiscated or destroyed \r\nat the cost of the operator. \r\n \r\n             25.  Offences by companies.—(1) Where an offence under this Act or rules made there under has \r\nbeen committed by a company, every person, who at  the time of the commission of the offence, was in -\r\ncharge of the company as well as the company shall be jointly and severally liable for the pun ishment of \r\nthe offence. \r\n(2) Notwithstanding anything contained in sub -section (1), where it is  proved that the offence is \r\nattributable to any neglect on the part of any director, manager, secretary or other officer of the company, \r\nsuch director, manager, secretary or other officer shall also be liable to the punishment of the offence or  \r\n \r\nPage 18 of 18 \r\n \r\nany other association of persons, whether required or not. \r\n           26.   Publication in newspaper. —If a person is convicted of an offence  and the conviction has  \r\nattained finality, the Food Authority shall, if so directed by the Tribunal, publish the name of the person \r\ntogether with the name and place of his business, the nature of the offence and the fine, forfeiture, or other \r\npenalty imposed on him, in newspapers or in any other mode of information to the people        and the convict \r\nshall be liable to pay the cost of any such publication. \r\nCHAPTER-VI \r\nJURISDICTION AND PROCEDURE \r\n            27.   Jurisdiction of the food authority.—(1) On information received from any source, the Food \r\nAuthority may, for reasons to be recorded in writing, shall— \r\n \r\n(a) register information of an offence under this Act; or \r\n \r\n(b) submit complaint of an offence before the Food Tribunal; or \r\n \r\n(c) suspend or cancel the licence of the food operator; or \r\n \r\n(d) impose fine on the food operator which may extend to one million        rupees; or \r\n \r\n(e) direct destruction of an adulterated or unsafe food in the prescribed  manner; or \r\n \r\n(f) take any other action as may be prescribed; or \r\n \r\n(g) decide, if the circumstances so warrant, not to take any action. \r\n \r\n(2) If the Food Authority cancels the licence or imposes fine on a food operator, the food operator \r\nmay, within fifteen days of the communication of the  order, prefer an appeal against such order to such \r\nAppellate Authority as may be prescribed. \r\n \r\n(3) The Food Authority or the Appellate Authority shall not pass any order relating to suspension \r\nor cancellation of the licence or imposition of fine without providing an opportunity of hearing to the food \r\noperator. \r\n \r\n(4) An order of suspension of a licence under this section shall not be  passed for a period \r\nexceeding seven days at a time and, unless sooner withdrawn  or the licence is cancelled, and shall cease \r\nto have effect on the expiry of the thirtieth day from the date of first such order. \r\n \r\n             28.  Food Tribunal.—An offence punishable under this Act shall be  exclusively triable by the \r\nFood Tribunal established by the Government and  where it establishes more than one Food Tribunals, it \r\nshall specify the territorial limits within which each Food Tribunal shall exercise its jurisdiction under the \r\nAct. \r\n \r\n             29.   Cognizance and investigation. —(1) An offence  under this Act shall be cognizable on \r\ninformation provided to the officer incharge  of a police  station by an officer  authorized by  the Food \r\n \r\nPage 15 of 18 \r\n \r\nAuthority. \r\n \r\n(2) If the offence causes death of, or injury to, a person, the injured  person or the legal heirs of \r\nthe deceased may also file a complaint in the Food Tribunals under Chapter-XVI of the Code of Criminal \r\nProcedure, 1898 (Act V of 1898). \r\n \r\n(3) The Director Food Authority may constitute a standing investigation team for an area \r\nconsisting of such police officers and food safety  officer to investigate offences under the Act and the \r\nrules made there under to submit report in the Food Tribunal under the Code of Criminal Procedure, 1898 \r\n(Act V of 1898). \r\n \r\n(4) The offences under sections 22 and 24 of the Act shall be non-bailable. \r\n \r\n            30.  Time limit for prosecutions. — The prosecution for an offence under this Act or the rules \r\nmade there under shall be filed within one year of the commission of the offence. \r\n \r\n            31.  Summary trail.—(1) Notwithstanding anything contained in the Code of Criminal Procedure, \r\n1898 (Act V of 1898) but sub ject to sub -section (2),  a Food Tribunal may summarily try an offence \r\npunishable under this Act or the  rules made thereunder, and impose punishment of imprisonment for a \r\nterm not exceeding six months, fine or both. \r\n \r\n(2) If a Food Tribunal is of opinion that the nature of the offence does  not justify summary trail, \r\nit may conduct proceedings in accordance with the  provisions of Chapter XX of the Code of Criminal \r\nProcedure, 1898 (Act V of 1898). \r\n \r\n            32.  Defence available.—In any proceedings for a n offence under this  Act, the exercise of due \r\ncare and caution shall be valid defence if it is proved that  the person took all reasonable precautions and \r\nexercised due diligence to prevent the commission of the offence. \r\n \r\n            33.  Recovery of fines  etc.—(1) The Food Authority shall recover the  fine, fee or any other \r\namount, imposed or levied, under this Act or the rules made        there under, as an arrears of land revenue \r\nand, for the purpose, the officer  authorized thereby shall exercise the powers of Collector under the Land \r\nRevenue Act, 1967 (Act XVII of 1967). \r\n \r\n(2) The fine imposed or the fee charged under the Act or the rules         made there under shall \r\nbe deposited with the Food Authority and shall form part of the Food Authority Fund. \r\n \r\n(3) The Authority may distribute ten percent of the fine to its  officers as will be prescribed in \r\nthe rules. \r\n \r\n            34.    Appeal against conviction.— The Authority or the person  sentenced by a Food Tribunal \r\nmay, within thirty days from the date of communication of the order, file an appeal against the final \r\norder of the Food Tribunal in accordance with the Code of Criminal Procedure 1898 (Act V of 1898). \r\n \r\n             35.   Transfer of cases. — (1) A case regarding any matter within the  jurisdiction of a Food \r\nTribunal, pending in any court before the establishment of       a Food Tribunal under this Act and the rules \r\n \r\nPage 18 of 18 \r\n \r\nmade there under, shall stand transferred to Food Tribunal which shall have jurisdiction to try the case. \r\n \r\n(2) The District  and Sessions Judge may under his jurisdiction transfer a  case from one Food \r\nTribunal to another Food Tribunal or direct to constitute a Food Tribunal made there under. \r\n \r\nCHAPTER-VII \r\n \r\nMISCELLANEOUS \r\n \r\n            36.  Powers to make rules.— The Federal Government may, subject to the condition of previous \r\npublication and by notification in the official Gazette, make rules to carry out the purposes of this Act. \r\n \r\n            37.   Powers to make regulations.—The Director Food Authority may subject to the condition of \r\nprevious publication and by notification in the official Gazette, make regulations not inconsistent with the \r\nprovisions of this Act or the rules. \r\n \r\n             38.  Immunity.—No suit, prosecution or other legal proceedings shall lie against the Government, \r\nany officer of the Government, the Food Authority, the Chairperson, a member or any other employee of \r\nthe Food Authority for anything which is done in good faith under this Act, the rules or the regulations. \r\n \r\n             39.  Public Servant.—The employees of the Food Authority shall be deemed to be public servants \r\nwithin the meaning of section 21 of the Pakistan Penal Code, 1860 (Act XLV of l860). \r\n \r\n           40.  Bank accounts.—The Food Authority may open and maintain its accounts at such scheduled \r\nbanks as may be prescribed, and until so prescribed, as the Government may determine. \r\n \r\n           41.  Budget and accounts. — (1) The Food Authority shall maintain  proper accounts and other \r\nrecords relating to its financial affairs including its  income and expenditures and its assets and liabilities \r\nin such form and manner as may be prescribed. \r\n \r\n(2) After the conclusion of a financial year, the Food Authority, in the manner prescribed, shall \r\ncause to be prepared for the financial year statements of  account of the Food  Authority which shall \r\ninclude a balance sheet and an account of income and expenditures.\r\n \r\n(3) The Food Authority shall approve its annual budget for a financial  year in the prescribed \r\nmanner.   \r\n \r\n(4) No expenditure for which provision has not been made in any     approved budget shall be \r\nincurred without prior approval of the Food Authority. \r\n \r\n            42.    Audit.—(1) The Auditor General of Pakistan shall annually audit  the accounts of the Food \r\nAuthority. \r\n \r\n(2) The Government, in addition to the audit under sub -section (1) shall  cause the accounts of \r\nthe Food Authority annually audited by a chartered accountant or a firm of chartered accountants. \r\n \r\n(3) The auditor appointed under sub -section (2) shall be provided such access to the books, \r\n \r\nPage 17 of 18 \r\n \r\naccounts and other documents as may be considered necessary for the audit of accounts. \r\n \r\n(4) The auditor shall submit the  annual or any special  audit report to the Food Authority, and \r\nthe Food Authority, under intimation to the Governm ent,    shall take appropriate remedial or other action \r\nin the light of the audit report. \r\n \r\n            43.   Annual report.— (1) The Food Authority shall, within three months of the close of a financial \r\nyear, submit to the Government an annual performance report. \r\n \r\n(2) The report shall consist of.— \r\n \r\n(a) the statement of accounts and audit reports of the Food Authority; \r\n(b) a comprehensive statements of the work and activities of the Food  Authority during the \r\npreceding financial year and its proposed projects and schemes; and \r\n(c) such other matters as may be prescribed or as the Food Authority may consider appropriate. \r\n(3) The Government shall, within two months of receiving the report  from the Food Authority, \r\nlay the report in both Houses of the Parliament (Majlis- e-Shoora). \r\n            44.    Application of the Code of Criminal Procedure, 1898 (Act V of 1898).—The provisions \r\nof the Code of Criminal Procedure, 1898 (Act V of 1898)  shall be applicable to the trial of the offences \r\nunder this Act. \r\n \r\n            45.   Repeal and savings.—(1) The West Pakistan Pure Food Ordinance  1960 (W.P. Ord VII of \r\n1960) is hereby repealed. \r\n \r\n(2) Subject to this Act, any license or order issued under the repealed  Ordinance, which is in \r\nforce on the date of coming into force of the Act, shall be deemed to have been issued under the Act and \r\nshall continue to be in force until expired, cancelled or withdrawn. \r\n \r\n(3) The standards, safety requirements and other provisions of the repealed Ordinance or the \r\nrules made thereunder, shall, to the extent of consistency with the Act, continue to remain in force till the \r\nstandards, safety requirements are prescribed under the Act. \r\n \r\n(4) Any license issued or orders passed under any law, which, on the date of commencement of \r\nthe Act, is in force  in the ICT, shall continue to be in  force till the date of its expiry or fresh license is \r\nissued or any order is passed under this Act. \r\n \r\n(5) The standards, safety requirements and other provisions of the repealed law or any other law \r\nfor the time being in force, shall continue to be in force till the provisions or this Act and the rules as the \r\ncase may be come into force in ICT. \r\n \r\n             \r\n \r\n \r\n \r\nPage 18 of 18 \r\n \r\n 46.   Overriding effect.—The provisions of this Act shall have effect  notwithstanding anything \r\ncontained in any other law. \r\n \r\n \r\n            47.    Power to remove difficulties.—The Government may, by notification in a official Gazette, \r\nmake provisions as may deem necessary for  removing any difficulty rising out in giving effect to the \r\nprovisions of this Act, within period of two years after coming into force of this Act. \r\n \r\n______________ \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n  \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n  RGN Dated: 12-03-2026",
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