{ "schema_version": "qanun-law-text/1", "id": "punjab-code-da8332d1a5c258e5", "title": "PUNJAB FOOD AUTHORITY ACT 2011", "source_collection": "Punjab", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/BjNSZws6UWg-", "version": null, "source_snapshot": "2026-08-06T16:56:31Z", "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "8f56778796808e381c06f67e99b565e06dd2aa650af2515e2551d2c4ce65eb16", "source_sha256": "8f56778796808e381c06f67e99b565e06dd2aa650af2515e2551d2c4ce65eb16", "text_version_id": "law:punjab-code-da8332d1a5c258e5:sha256:8f56778796808e381c06f67e99b565e06dd2aa650af2515e2551d2c4ce65eb16", "quality_flags": [], "encoding": "UTF-8", "text": "THE PUNJAB FOOD AUTHORITY ACT 2011 \r\n(XVI of 2011) \r\nCONTENTS \r\nCHAPTER I \r\nPRELIMINARY \r\n1. Short title, extent and commencement. \r\n2. Definitions. \r\nCHAPTER II \r\nESTABLISHMENT OF FOOD AUTHORITY \r\n3. Establishment of the Food Authority. \r\n4. Composition of the Food Authority. \r\n5. Terms and conditions of Chairperson and members. \r\n6. Removal of Chairperson and members. \r\n7. Powers and functions of the Food Authority. \r\n8. Proceedings of the Food Authority. \r\n8A. Categorization of premises \r\n9. Scientific panel. \r\n10. Director General. \r\n11. Public analysts. \r\n12. Food Safety Officer. \r\n13. Powers of Food Safety Officer. \r\n14. Other employees of the Food Authority. \r\nCHAPTER III \r\nENFORCEMENT MECHANISM \r\n15. Licensing of food business. \r\n16. Improvement notice. \r\n17. Prohibition orders. \r\n18. Emergency prohibition orders. \r\n19. Notification of food poisoning. \r\n20. Food recall procedures. \r\n21. Establishment of food laboratories. \r\nCHAPTER IV \r\nOFFENCES AND PENALTIES \r\n22. Selling food against the law \r\n22A. Offence by large scale manufacturers. \r\n23. Substandard or misbranded food. \r\n24. Unsafe food. \r\n25. False advertisement. \r\n26. False labeling. \r\n27. Failure to comply with the directions. \r\n28. Unhygienic or unsanitary conditions. \r\n29. Penalty for prescribed offences. \r\n30. False information. \r\n31. Obstructing the Food Safety Officer. \r\n32. Business without licence. \r\n33. Warranty. \r\n34. Punishment for subsequent offence. \r\n35. Compensation in case of injury or death of a consumer. \r\n36. Forfeiture of food, etc. \r\n37. Offences by companies. \r\n38. Publication in newspapers. \r\nCHAPTER V \r\nJURISDICTION AND PROCEDURE \r\n39. Jurisdiction of the Food Authority. \r\n40. Special Court. \r\n41. Cognizance and investigation. \r\n42. Time limit for prosecutions. \r\n43. Summary trial. \r\n44. Defense available. \r\n45. Recovery of fines etc. \r\n45A. Appeal against conviction \r\n45B. Transfer of cases \r\nCHAPTER VI \r\nFINANCES AND REPORTS \r\n46. Food Authority Fund. \r\n47. Bank accounts. \r\n48. Budget and accounts. \r\n49. Audit. \r\n50. Annual report. \r\n50A. Periodical reports \r\n50B. Monitoring and evaluation \r\nCHAPTER VII \r\nMISCELLANEOUS \r\n51. Delegation of powers. \r\n52. Reward by the Food Authority. \r\n53. Public servants. \r\n54. Immunity. \r\n54A. Bar of jurisdiction. \r\n55. Overriding effect. \r\n56. Government to make rules. \r\n57. Food Authority to frame regulations. \r\n58. Repeal and savings. \r\n59. Power to remove difficulties. \r\nSCHEDULE \r\nTEXT \r\n1\r\nTHE PUNJAB FOOD AUTHORITY ACT 2011 \r\n(XVI of 2011) \r\n[6th July, 2011] \r\nAn \r\nAct \r\nto provide for the safety and standards of food and for establishment of the Punjab \r\nFood Authority. \r\nPreamble.– Whereas, it is expedient to protect public health, to provide for the \r\nsafety and standards of food, to establish the Punjab Food Authority and for other \r\nconnected matters; \r\n It is enacted as follows:– \r\nCHAPTER I \r\nPRELIMINARY \r\n1. Short title, extent and commencement .– (1) This Act may be cited as the \r\nPunjab Food Authority Act 2011. \r\n (2) It extends to whole of the Punjab. \r\n (3) It shall come into force on such date as the Government may, by \r\nnotification, specify and different dates may be so specified for different areas. \r\n2. Definitions.– In this Act– \r\n (a) “adulterated food” means the food– \r\n(i) which is not of the nature, substance or quality which it purports \r\nor is represented to be; or \r\n(ii) which contains any such extraneous substance as may adversely \r\naffect the nature, substance or quality of the food; or \r\n(iii) which is processed, mixed, coloured, powdered or coated with \r\nany other substance in contravention of the rules or the \r\nregulations; or \r\n(iv) any constituent of which has been wholly or in part abstracted so \r\nas to affect injuriously its nature, substance or quality; or \r\n(v) which contains any poisonous or other ingredient that may \r\nrender it injurious to human health; or \r\n(vi) the quality or purity of which does not conform to the prescri bed \r\nstandards; or \r\n \r\n1This Act was passed by the Punjab Assembly on 23 June 2011; assented to by the Governor of the Punjab on 5 July 2011; and, was \r\npublished in the Punjab Gazette (Extraordinary), dated 6 July 2011, pages 591-603. \r\n(vii) which has been prepared, packed or kept under unhygienic and \r\ninsanitary conditions; or \r\n(viii) which is contaminated or has become injurious to health; \r\n(b) “advertisement” means any publicity, representation or pronouncement \r\nmade by any means for purposes of promoting the sale or disposal of any \r\nfood; \r\n(c) “Chairperson” means the Chairperson of the Food Authority; \r\n2\r\n[(ca) “Code” means the Code of Criminal Procedure, 1898 (V of 1898);] \r\n(d) “consumer” means a person who receives food aga inst a consideration \r\nor otherwise and includes an end user of the food; \r\n(e) “Director General” means Director General of the Food Authority; \r\n(f) “food” means anything used as food or drink for human consumption \r\nother than drugs, and includes– \r\n(i) any subst ance which is intended for use in the preparation of \r\nfood; \r\n(ii) any flavouring agent or condiment; \r\n(iii) any colouring matter intended for use in food; \r\n(iv) chewing gum, confectionary and other products of like nature; \r\n(v) water in any form including ice, intended for human consumption \r\nor for use in the composition or preparation of food; and \r\n(vi) any other thing prescribed as food; \r\nExplanation-I.– A thing shall not cease to be food by reason that it is also \r\ncapable of being used as drugs. \r\nExplanation-II.– In this clause, the word “drugs” has the same meaning as is \r\nassigned to it in the Drugs Act 1976 (XXXI of 1976). \r\n(g) “food additive” includes any substance not normally consumed as food \r\nby itself or used as a typical ingredient of food but the addition of which \r\nto food affects the characteristics of the food; \r\n(h) “Food Authority” means the Punjab Food Authority established under \r\nthe Act; \r\n(i) “food business” means any undertaking, whether or not for profit, \r\ncarrying out any of the activities related to any s tage of manufacturing, \r\nprocessing, packaging, storage, transportation, distribution of food, \r\nimport, export and includes food services, catering services, sale of \r\nfood or food ingredients; \r\n(j) “food laboratory” means any food laboratory or institute establ ished or \r\nrecognized by the Food Authority; \r\n \r\n2Inserted by the Punjab Food Authority (Amendment) Act 2016 (V of 20 16); and published in the Punjab Ga zette \r\n(Extraordinary), dated 6.2.2016, pages 3717-3722, s.2. \r\n(k) “food operator” means a person who manufactures for sale, transports, \r\nstores, sells, distributes, imports or exports food; \r\n(l) “Food Safety Officer” means a Food Safety Officer appointed under the \r\nAct; \r\n(m) “Government” means the Government of the Punjab; \r\n(n) “import” means bringing into the Punjab any article of food by any \r\nmeans including land, river, canal or air; \r\n(o) “label” includes any tag, brand, mark, pictorial or other descriptive \r\nmatter, written, print ed, stenciled, marked, painted, embossed or \r\nimpressed on, or attached to or included in, belonging to, or \r\naccompanying any food; \r\n(p) “licence” means a licence granted under the Act or the rules or the \r\nregulations; \r\n(q) “member” means a member of the Food Authority; \r\n(r) “misbranded food’’ means the food– \r\n(i) which is an imitation of or resembles another food, in a manner \r\nthat it is likely to deceive the consumer; or \r\n(ii) which is so coloured, flavoured, coated, powdered or polished \r\nas to conceal the true nature of the food; or \r\n(iii) which is contained in any package which, or the label of which, \r\nbears any statement, design or device regarding, the ingredients or \r\nthe substances contained in the food, that is false or misleading; \r\n3\r\n[(ra) “natural decomposition” means loss of freshness, taste, fragrance or \r\nany active ingredient which is dependent on climate or weather;] \r\n(s) “package” includes anything in which food is wholly or partly cased, \r\ncovered, contained, placed or otherwise packed in any manner and any \r\nsuch other receptacle of any kind whether opened or closed; \r\n(t) “premises” include any shop, stall, hotel, restaurant, airline services, \r\ncanteens, place, vehicle, building or tent or any other structure and any \r\nadjoining land used in connection with it and any vehicle, conveyance, \r\nvessel or aircraft where any food is sold or manufactured or stored for \r\nsale; \r\n(u) “prescribed” means prescribed by the rules or the regulations; \r\n(v) “public analyst” means a public analyst appointed under the Act; \r\n(w) “safe food” means an article of food which is not unsafe; \r\n(x) “Scientific Panel” means the Scientific Panel constituted under the Act; \r\n(y) “standard”, in relation to any article of food, means the prescribed standard \r\nand includes the standard notified by the Food Authority; and \r\n \r\n3Inserted by the Punjab Food Authority (Amendment) Act 2016 (V of 2016 ); and published in the Punjab Gazette \r\n(Extraordinary), dated 6.2.2016, pages 3717-3722, s.2. \r\n(z) “unsafe food” means the food whose nature, substance or quality is so \r\naffected by any means as to render it injurious to human health. \r\nCHAPTER II \r\nESTABLISHMENT OF FOOD AUTHORITY \r\n3. Establishment of the Food Authority .– (1) The Government may, by \r\nnotification in the official Gazette, establish the Punjab Food Authority for purposes \r\nof this Act. \r\n (2) The Food Authority shall be a body corporate, having perpetual \r\nsuccession and a common seal, with power to enter into contract, acquire or dispose \r\nof property, and may, by its name, sue or be sued. \r\n4. Composition of the Food Authority.– (1) The Food Authority shall consist of \r\na Chairperson and the following members– \r\n(a) Secretary to the Government, Food Department; \r\n(b) Secretary to the Government, Health Department; \r\n(c) Secretary to the Government, Public Health Engineering Department; \r\n(d) Secretary to the Government, Livestock & Dairy Development \r\nDepartment; \r\n(e) Secretary to the Government, Local Government & Community \r\nDevelopment Department; \r\n(f) three members of the Provincial Assembly of the Punjab \r\n4\r\n[including at \r\nleast one female member of the Assembly] to be nominated by the \r\nGovernment; \r\n(g) two food technologists or scientists \r\n5\r\n[including at least one female \r\nscientist] to be nominated by the Government; \r\n(h) one representative of the Chambers of Commerce & Industry; \r\n(i) one representative of Food Industry; \r\n(j) one representative of food operators; \r\n(k) two representatives of farmers \r\n6\r\n[including at least one female \r\nrepresentative]; and \r\n(l) two representat ives of consumers \r\n7\r\n[including at least one female \r\nconsumer]. \r\n \r\n4Inserted by the Punjab Fair Representation of Women Act 2014 (IV of 2014) ; and published in the Punjab Gazette \r\n(Extraordinary), pages 2733-2744, s.2 and Schedule, at serial No.57. \r\n5Inserted by the Punjab Fair Representation of Women Act 2014 (IV of 20 14); and published in the Punjab Gazette \r\n(Extraordinary), dated 12.3.2014, pages 2733-2744, s.2 and Schedule, at serial No.57. \r\n6Inserted by the Punjab Fair Representation of Women Act 2014 (IV of 2014) ; and published in the Punjab Gazette \r\n(Extraordinary), dated 12.3.2014, pages 2733-2744, s.2 and Schedule, at serial No.57. \r\n7Inserted by the Punjab Fair Representation of Women Act 2014 (IV of 2014) ; and published in the Punjab Gazette \r\n(Extraordinary), dated 12.3.2014, pages 2733-2744, s.2 and Schedule, at serial No.57. \r\n8\r\n[(1a) The Government shall, while appointing members mentioned in clauses \r\n(h), (i) and (j) of subsection (1), appoint at least one female belonging to any of those \r\ncategories.] \r\n(2) The Government shall, in the prescribed manner, appoint a person who \r\npossesses the prescribed qualification and experience as Chairperson. \r\n(3) The Government shall appoint the non -official members on the \r\nrecommendation of a committee consisting of the following:– \r\n(a) Chief Secretary to the Government (Convener); \r\n(b) Secretary to the Government, Food Department; \r\n(c) Secretary to the Government, Health Department; and \r\n(d) Director General, National Institute of Food Science & Technology, \r\nUniversity of Agriculture, Faisalabad. \r\n (4) The Food Authority may, with the prior approval of the Government, co-\r\nopt any other person as a member. \r\n (5) The Chairperson and members, other than ex-officio members, shall \r\nbe appointed in such manner as to ensure the highest standards of profe ssional \r\ncompetence and experience, gender balance and equitable geographic distribution \r\nwithin the Province. \r\n (6) A meeting of the Food Authority shall be held in the manner provided \r\nby the regulations, and until so provided, as may be determined by the Fo od \r\nAuthority. \r\n (7) The Secretary of the Food Authority shall, on the direction of the \r\nChairperson, call a meeting of the Food Authority. \r\n (8) The Food Authority shall meet at least thrice in a year. \r\n (9) The Chairperson, and in his absence, any other member elected by the \r\nmembers present at a meeting, shall preside at a meeting of the Food Authority. \r\n (10) The quorum for a meeting shall be one third of the total members, the \r\nfraction being counted as one. \r\n5. Terms and conditions of Chairperson and members.– (1) The Chairperson \r\nand the members, other than ex-officio members, shall hold office for a term of three \r\nyears and shall be eligible for re-appointment. \r\n (2) A person shall not be appointed as Chairperson or a member, other \r\nthan ex-officio member, for more than two terms, whether consecutive or otherwise. \r\n (3) The Government shall prescribe the salary and allowances payable to, \r\nand the other terms and conditions of service of the Chairperson. \r\n (4) The Chairperson or a member, other than an ex-officio member, may \r\nresign from his office by serving one month’s notice in writing to the Government. \r\n6. Removal of Chairperson and members .– (1) The Government may remove \r\nfrom office, the Chairperson or a member, other than an ex-officio member, if he– \r\n \r\n8Inserted by the Punjab Fair Representation of Women Act 2014 (IV of 2014) ; and published in the Punjab Gazette \r\n(Extraordinary), dated 12.3.2014, pages 2733-2744, s.2 and Schedule, at serial No.57. \r\n(a) has been adjudged an undischarged insolvent; or \r\n(b) has been convicted of an offence which involves moral turpitude; or \r\n(c) has become physically or mentally incapable of acting as the \r\nChairperson or the member; or \r\n(d) has abused his position and rendered his conti nuance in the office \r\nprejudicial to public interest. \r\n (2) The Chairperson or a member shall not be removed from office except \r\nafter affording him a reasonable opportunity of being heard. \r\n7. Powers and functions of the Food Authority .– (1) The Food Authority shall \r\nregulate and monitor the food business in order to ensure provision of safe food. \r\n (2) Without prejudice to the provisions of sub -section (1), the Food \r\nAuthority may– \r\n(a) formulate standards, procedures, processes and guidelines in relation \r\nto any aspect of food including food business, food labelling, food \r\nadditive, and specify appropriate enforcement systems; \r\n(b) specify procedures and guidelines for setting up and accreditation of \r\nfood laboratories; \r\n(c) formulate method of sampling, analysis of s amples and reporting of \r\nresults; \r\n(d) specify licensing, prohibition orders, recall procedures, improvement \r\nnotices or prosecution; \r\n(e) determine terms and conditions of service of its employees; \r\n(f) provide scientific advice and technical support to the Go vernment in \r\nmatters relating to food; \r\n(g) collect and analyze relevant scientific and technical data relating to \r\nfood; \r\n(h) establish a system of network of food operators and consumers to \r\nfacilitate food safety and quality control; \r\n(i) organize training programmes in food safety and standards; \r\n(j) promote general awareness as to food safety and standards; \r\n(k) levy fee for registration, licensing and other services; \r\n(l) certify food for export; \r\n(m) perform any other prescribed function; and \r\n(n) do any other thing which is necessary for the discharge of its functions \r\nunder this Act. \r\n (3) The Food Authority shall exercise its functions, as far as possible, in \r\naccordance with the well established scientific principles and international best \r\npractices. \r\n8. Proceedings of the Food Authority .– No act or proceedings of the Food \r\nAuthority shall be questioned or invalidated merely on the ground of existence of any \r\nvacancy or defect in the constitution of the Food Authority. \r\n9\r\n[8A. Categorization of premises.– (1) The Food Authority may: \r\n(a) categorize a premises in the light of the prescribed objective criteria \r\nbased on the level of adherence to the standards, established scientific \r\nprinciples and international best practices; and \r\n(b) periodically revise, in the prescribed manner, the categories of premises \r\nunder clause (a). \r\n(2) If the premises are categorized under subsection (1), the Food Authority \r\nshall issue a certificate showing the category of such premises and the food operator \r\nshall display the certificate at a conspicuous place of the premises. \r\n(3) If a food operator removes the certificate or in any manner tampers with it \r\nor defaces or mutilates it, the Food Authority may take one or more actions under \r\nsection 39 of the Act. \r\n(4) A food operator, aggrieved by any decision of the Food Authority \r\nregarding categorization of his premises, may, within sixty days of such decision, prefer \r\nan appeal to the Appellate Authority notified under subsection (2) of section 39. \r\n(5) The Food Authority may, by any means, create general awa reness \r\nabout categorization of the premises under this section.] \r\n9. Scientific panel .– (1) The Food Authority may establish one or more \r\nScientific Panels, which shall consist of the following– \r\n(a) Director General of the Food Authority (Convener); \r\n(b) a representative, having background of food science or technology, of \r\nan organization established for determining standards and quality of \r\nfood; \r\n(c) a representative, having background of food science or technology, of \r\nan organization established for scientific or industrial research on food; \r\n(d) a representative, having background of food science or technology, of \r\nthe National Institute of Food Science & Technology, University of \r\nAgriculture, Faisalabad; \r\n(e) a food technologist or scientist; \r\n(f) a medical prac titioner registered with Pakistan Medical and Dental \r\nCouncil; and \r\n(g) three representatives of the food manufacturers in the relevant field. \r\n (2) A Scientific Panel may co -opt any other member from the relevant \r\nindustry. \r\n (3) The Food Authority shall deter mine the terms and conditions, including \r\ntenure of members of a Scientific Panel other than ex-officio members. \r\n \r\n9Inserted by the Punjab Food Authority (Amendme nt) Act 2016 (V of 2016 ); and published in the Punjab Gazette \r\n(Extraordinary), dated 6.2.2016, pages 3717-3722, s.3. \r\n (4) The Food Authority may refer any matter relating to food to the \r\nScientific Panel for recommendation. \r\n (5) The Scientific Panel may, after d ue deliberations with the relevant \r\nindustry and consumer representatives, make recommendations to the Food \r\nAuthority on standards, products, procedures, processes and guidelines in relation to \r\nany technical aspect of the food. \r\n (6) If the Food Authority do es not agree to the recommendations of the \r\nScientific Panel, it may, with reasons, refer the case back to the Scientific Panel for \r\nreconsideration. \r\n (7) The Scientific Panel shall reconsider the reference and forward its \r\nreconsidered recommendations and the Food Authority shall act accordingly. \r\n10. Director General.– (1) The Government may appoint a Director General in such \r\nmanner and on such term and conditions as it may prescribe. \r\n (2) The Director General shall hold office during the pleasure of the Foo d \r\nAuthority. \r\n (3) The Director General shall be the Secretary of the Food Authority. \r\n (4) The Director General, subject to the control of the Food Authority, shall \r\nbe responsible for accomplishing the objectives of this Act and for efficient \r\nimplementation of the Act, the rules and the regulations. \r\n (5) The Director General shall exercise such powers as are mentioned in \r\nthe Act or as may be prescribed or delegated to him. \r\n (6) The Director General may exercise powers of a Food Safety Officer \r\nunder the Act. \r\n11. Public analysts.– (1) The Food Authority may, by notification, appoint public \r\nanalysts for such areas as it may assign to them. \r\n (2) A public analyst shall possess such qualifications as may be \r\nprescribed. \r\n (3) The production in a trial , of a certifica te under the hand of a public \r\nanalyst shall, until the contrary is proved, be sufficient proof of the facts contained in \r\nthe certificate. \r\n (4) The Court may, of its own accord or on the request of the accused, cause \r\nany food or sample of food to be sent for analysis to the public analyst. \r\n (5) Unless otherwise directed by the Court, the accused, on whose request \r\nany food or sample of food is sent to the public analyst, shall bear its cost. \r\n12. Food Safety Officer .– (1) The Food Authority may, by notificatio n, appoint \r\nFood Safety Officers for such areas as it may assign to them. \r\n (2) A Food Safety Officer shall possess such qualifications as may be \r\nprescribed. \r\n (3) Notwithstanding anything in sub -section (2), the Food Authority, in \r\npublic interest, may confer the powers of a Food Safety Officer on a Government \r\nservant. \r\n13. Powers of Food Safety Officer.– (1) A Food Safety Officer may– \r\n(a) take sample of any food or any substance, which appears to him to be \r\nintended for sale, or has been sold as food; \r\n(b) seize any food, apparatus or utensil which appears to the Food Safety \r\nOfficer to be in contravention of this Act, the rules or the regulations; \r\n(c) enter or seal any premises where he believes any food is prepared, \r\npreserved, packaged, stored, conveyed, distrib uted or sold, examine \r\nany such food and examine anything that he believes is used, or \r\ncapable of being used for such preparation, preservation, packaging, \r\nstoring, conveying, distribution or sale; \r\n10\r\n[(ca) impose fine on a food operator if the Authority has delegated such \r\npower to him;] \r\n(d) open and examine any package which, he believes, to contain any \r\nfood; \r\n(e) examine any book or documents with respect to any food and make \r\ncopies of or take extracts from the book or document; \r\n(f) demand the production of t he identity card, the business registration \r\ncertificate, licence or any other relevant document from a food \r\noperator; \r\n(g) mark, seal or otherwise secure, weigh, count or measure any food or \r\nappliance; and \r\n(h) search and seize any vehicle carrying food. \r\n (2) A Food Safety Officer shall prepare a statement describing the food, \r\napparatus, utensil or vehicle seized and shall deliver a copy of the statement to the \r\nperson from whom it is seized or, if such person is not present, send such copy to \r\nhim by mail. \r\n (3) A person claiming back anything seized under sub -section (1) may, \r\nwithin seven days of the seizure, apply to the Court and the Court may confirm such \r\nseizure, wholly or in part, or may order that it be restored to the claimant. \r\n (4) If the Court confirms the seizure of the food, apparatus or utensil, it \r\nshall be forfeited to the Food Authority or the Court may direct that such food, \r\napparatus, utensil may be destroyed at the cost of the owner or person in whose \r\npossession it was found. \r\n (5) If an application is not made within seven days under sub-section (3), the \r\nfood, apparatus or utensil seized, shall be forfeited to the Food Authority. \r\n (6) Any person may make an application in writing to the Food Safety \r\nOfficer asking him to purchase a sample of any f ood from a food operator and get it \r\nanalyzed from the public analyst. \r\n \r\n10Inserted by the Punjab Food Authority (Amendment) Act 2016 (V of 2016 ); and published in the Punjab Gazette \r\n(Extraordinary), dated 6.2.2016, pages 3717-3722, s.4. \r\n14. Other employees of the Food Authority .– The Food Authority may \r\ndetermine the number, categories, rank and terms and conditions of other \r\nemployees of the Food Authority. \r\nCHAPTER III \r\nENFORCEMENT MECHANISM \r\n15. Licensing of food business .– (1) A person shall not use any place for food \r\nbusiness except under the prescribed registration or licence. \r\n (2) The Food Authority may, in the prescribed manner, exempt a class of \r\nfood operators from obtaining compulsory registration or licence under this section. \r\n16. Improvement notice .– (1) If a Food Safety Officer has reasons to believe \r\nthat any food operator has failed to comply with any provisions of this Act, the rules \r\nor the regulations, he may serve an improvement notice upon the food operator– \r\n(a) stating the grounds for believing that the food operator has failed to \r\ncomply with any provisions of the Act or the rules or the regulations; \r\n(b) specifying the matters which constitute the food operat or’s failure so to \r\ncomply; and \r\n(c) intimating the measures which the food operator should take in order to \r\nsecure compliance with the relevant provisions of the law. \r\n (2) If the food operator fails to comply with the improvement notice within \r\nthe prescribed time, the Food Authority may cancel or suspended his licence or take \r\nsuch other action as it deems appropriate. \r\n17. Prohibition orders.– If any food operator is convicted of an offence under this \r\nAct and the Court is satisfied that the health risk exists with respect to the food business, \r\nthe Court, may impose the following prohibitions– \r\n(a) a prohibition on the use of a process, treatment, premises or \r\nequipment for purposes of the food business; or \r\n(b) a prohibition, with or without specifying period of prohibition, on the \r\nfood operator to conduct or operate the food business. \r\n18. Emergency prohibition orders .– (1) If the Food Safety Officer is satisfied \r\nthat the health risk condition exists with respect to any food business, he may, after \r\nserving a notic e on the food operator and for reasons to be recorded in writing, \r\nrestrain him from carrying on the food business with or without specifying conditions \r\nor period of such restraint. \r\n (2) The Food Safety Officer shall, within twenty four hours of the action \r\ntaken under sub -section (1), report such action to the Food Authority which may, \r\nafter serving a notice on the food operator and for reasons to be recorded in writing, \r\nconfirm, modify or set aside the order of the Food Safety Officer. \r\n19. Notification of f ood poisoning .– The Food Authority may, by notification, \r\nrequire medical practitioners carrying on profession in any local area to report all \r\noccurrences of food poisoning to the Food Safety Officer or the Food Authority. \r\n20. Food recall procedures .– (1) If the Director General has reasons to believe \r\nthat some food is not in compliance with this Act, the rules or the regulations, he \r\nmay, after recording reasons, order immediate withdrawal of the said food from the \r\nmarket. \r\n (2) Any person, who is aggrieved b y any action taken under this section, \r\nmay, in the prescribed manner, prefer an appeal to the Food Authority. \r\n (3) The Food Authority may, on its own accord or on the application of an \r\naggrieved person, set-aside or modify an order made under sub-section (1). \r\n21. Establishment of food laboratories .– (1) The Food Authority may establish \r\na food laboratory for purposes of carrying out analysis of samples of any food or food \r\nrelated equipments or utensils. \r\n (2) The Food Authority may recognize or accredit a foo d laboratory for any \r\nof the purposes contained in sub-section (1). \r\nCHAPTER IV \r\nOFFENCES AND PENALTIES \r\n11\r\n[22. Selling food against the law .– (1) A person who sells or offers for sale any \r\nadulterated food or food which is not in compliance with the provisions of this Act, the \r\nrules or the regulations, shall be liable to imprisonment for a term which may extend \r\nto six months but which shall not be less than one month and fine which may extend \r\nto one million rupees but which shall not be less than one hundred thousand rupees. \r\n(2) Nothing contained in subsection (1) shall apply to a person who sells or \r\noffers for sale non -processed food which is not fit for human consumption by way of \r\nnatural decomposition and the Authority may take any of the actions against the \r\nperson under clauses (c), (d), (e) or (f) of subsection (1) of section 39.] \r\n12\r\n[22A. Offence by large scale manufacturers .– Notwithstanding anything \r\ncontained in section 22, if a food operator manufactures, keeps , transports, imports \r\nor exports adulterated fo od for large scale use or consumption in quantities equal to \r\nor in excess of the quantities mentioned in the Schedule appended to this Act, he \r\nshall be liable to imprisonment for a term which may extend to f ive years but which \r\nshall not be less than six mo nths and fine which may extend to two million rupees \r\nbut which shall not be less than five hundred thousand rupees.] \r\n13\r\n[23. Substandard or misbranded food.– Any person who manufactures for sale, \r\nstores, sells, distributes, imports or exports any food which is not of standard or \r\nmisbranded, shall be liable to imprisonment for a term which may extend to six \r\nmonths but which shall not be less than one month and fine which may extend to \r\none million rupees but which shall not be less than one hundred thousand rupees.] \r\n \r\n11Substituted by the Punjab Food Authority (Amendment) Act 2016 (V of 2016 ); and published in the Punjab Gazette \r\n(Extraordinary), dated 6.2.2016, pages 3717-3722, s.5. \r\n12Inserted by the Punjab Food Authority (Amendment) Act 2016 (V of 2016 ); and published in the Punjab Gazette \r\n(Extraordinary), dated 6.2.2016, pages 3717-3722, s.6. \r\n13Substituted by the Punjab Food Authority (Amendment) Act 2016 (V of 2016 ); and published in the Punjab Gazette \r\n(Extraordinary), dated 6.2.2016, pages 3717-3722, s.7. \r\n14\r\n[24. Unsafe food .– A food operator, who manufactures for sale, stores, sells, \r\ndistributes, imports or exports any unsafe food, shall be liable: \r\n(a) where the unsafe food does not result in injury to any person, to \r\nimprisonment for a term which may extend to six months but which shall \r\nnot be less than one month and fine which may extend to one million \r\nrupees but which shall not be less than one hundred thousand rupees; \r\nor \r\n(b) where such unsafe food results in injury to any person, to imprisonment \r\nfor a term which may extend to three years but which shall not be less \r\nthan three months and fine which may extend to one million rupees but \r\nwhich shall not be less than one hundred thousand rupees; or \r\n(c) where such unsafe food results in death of a person, t o imprisonment \r\nfor a term which may extend to imprisonment for life but which shall not \r\nbe less than ten years and fine which may extend to three million \r\nrupees but which shall not be less than two million rupees.] \r\n25. False advertisement .– (1) Any person, who for purposes of effecting or \r\npromoting the sale of any food, publishes or causes to be published, any \r\nadvertisement which– \r\n(a) falsely describes any food, or \r\n(b) is contrary to any rules or regulations; or \r\n(c) is likely to deceive a purchaser with reg ard to the character, nature, \r\nvalue, substance, quality, strength, purity, composition, merit or safety, \r\nweight, proportion, origin, age or effects of any food or of any \r\ningredient or constituent of the food, shall be liable to imprisonment for \r\na term which may extend to \r\n15\r\n[one year but which shall not be less than \r\nsix months and fine which may extend to two million rupees but which \r\nshall not be less than one million rupees]. \r\n (2) Any person, who publishes or causes to be published an \r\nadvertisement, which do es not contain the true name of the person by whom the \r\nadvertisement is published or the address of his place of business, shall be liable to \r\nimprisonment for a term which may extend to \r\n16\r\n[one year but which shall not be less \r\nthan six months and fine which may extend to two million rupees but which shall not \r\nbe less than one million rupees]. \r\n26. False labeling .– (1) Any person, who prepares, packages, labels any food \r\nwhich does not comply with the prescribed standard, shall be liable to imprisonment \r\nfor a te rm which may extend to \r\n17\r\n[one year but which shall not be less than six \r\n \r\n14Substituted by the Punjab Food Authority (Amendment) Act 2016 (V of 2016 ); and published in the Punjab Gazette \r\n(Extraordinary), dated 6.2.2016, pages 3717-3722, s.8. \r\n15Substituted for the words “six months and fine which may extend to one millio n rupees” by the Punjab Food Authority \r\n(Amendment) Act 2016 (V of 2016) ; and published in the Punjab Gazette (Extraordinary), dated 6.2.2016, pages 3717-3722, \r\ns.9. \r\n16Substituted for the words “six months and fine which may extend to one million rupees” by the Punjab Food Authority \r\n(Amendment) Act 2016 (V of 2016) ; and published in the Punjab Gazette (Extraordinary), dated 6.2.2016, pages 3717-3722, \r\ns.9. \r\n17Substituted for the words “six months and fine which may extend to one million rupees” by the Punjab Fo od Authority \r\n(Amendment) Act 2016 (V of 2016) ; and published in the Punjab Gazette (Extraordinary), dated 6.2.2016, pages 3717-3722, \r\ns.10. \r\nmonths and fine which may extend to one million rupees but which shall not be less \r\nthan five hundred thousand rupees]. \r\n (2) Any person, who labels any food in a manner which is false, misleading \r\nor deceptive as regards its character, nature, value, substance, quality, composition, \r\nmerit or safety, strength, purity, weight, origin, age or proportion shall be liable to \r\nimprisonment for a term which may extend to \r\n18\r\n[one year but which shall not be less \r\nthan six months and fine which may extend to one million rupees but which shall not \r\nbe less than five hundred thousand rupees]. \r\n27. Failure to comply with the directions .– If any person, without reasonable \r\ncause, fails to comply with any order or notice issued by the Food Authority or a \r\nFood Safety Officer, he shall be liable to imprisonment for a term which may extend \r\nto three months and fine which may extend to five hundred thousand rupees. \r\n19\r\n[28. Unhygienic or unsanitary conditions .– Any perso n, who manufactures or \r\nprocesses or keeps any food under unhygienic or unsanitary conditions, shall be \r\nliable to imprisonment for a term which may extend to six months but which shall not \r\nbe less than three days and fine which may extend to one million rup ees but which \r\nshall not be less than twenty thousand rupees.] \r\n29. Penalty for prescribed offences .– If a person, who commits an offence \r\nprescribed under the rules, for which no penalty has been provided in the Act, shall \r\nbe liable to imprisonment for a ter m which may extend to three months and fine \r\nwhich may extend to five hundred thousand rupees. \r\n30. False information .– If a person makes a false or misleading statement, \r\nprovides false or misleading information or produces any false or misleading \r\ndocument before the Food Authority or a Food Safety Officer, he shall be liable to \r\nimprisonment for a term which may extend to six months and fine which may extend \r\nto five hundred thousand rupees. \r\n31. Obstructing the Food Safety Officer .– (1) Any person, who obstruc ts a \r\nFood Safety Officer in the performance of his duties, shall be liable to imprisonment \r\nfor a term which may extend to six months or fine which may extend five hundred \r\nthousand rupees or both. \r\n (2) Any person, who unlawfully removes, alters or interferes, in any manner, \r\nwith any food, equipment or vehicle seized or any premises sealed under this Act, \r\nshall be liable to imprisonment for a term which may extend to six months or fine \r\nwhich may extend to five hundred thousand rupees. \r\n20\r\n[32. Business without licence.– If a food operator manufactures, sells, offers for \r\nsale, stores or distributes or imports any food without the prescribed registration or \r\nlicence, he shall be liable to imprisonment for a term which may extend to one year \r\n \r\n18Substituted for the words “six months and fine which may extend to one million rupees” by the Punjab Food Authority \r\n(Amendment) Act 2016 (V of 2016) ; and published in the Punjab Gazette (Extraordinary), dated 6.2.2016, pages 3717-3722, \r\ns.10. \r\n19Substituted by the Punjab Food Authority (Amendment) Act 2016 (V of 2016 ); and published in the Punjab Gazette \r\n(Extraordinary), dated 6.2.2016, pages 3717-3722, s.11. \r\n20Substituted by the Punjab Food Authority (Amendment) Act 2016 (V of 2016 ); and published in the Punjab Gazette \r\n(Extraordinary), dated 6.2.2016, pages 3717-3722, s.12. \r\nbut which shall not be l ess than three days and fine which may extend to five \r\nhundred thousand rupees but which shall not be less than ten thousand rupees.] \r\n33. Warranty.– (1) A food operator who is a manufacturer, distributor or dealer of \r\na prescribed food shall not sell such fo od to any food vendor unless a written \r\nwarranty or other written statement is given that the food complies with the \r\nprovisions of this Act, the rules and the regulations. \r\n (2) Any person, who contravenes the provisions of sub -section (1), shall \r\nbe liable to imprisonment for a term which may extend to six months and fine which \r\nmay extend to one million rupees. \r\n (3) Any food vendor, who gives to the purchaser a warranty in writing which \r\nis false, shall be liable to imprisonment for a term which may extend to six months and \r\nfine which may extend to five hundred thousand rupees. \r\n34. Punishment for subsequent offence .– (1) If any person, after having been \r\npreviously convicted of an offence under this Act, commits any offence under the \r\nAct, he shall be liable to– \r\n(a) twice the punishment of imprisonment and fine, which is provided for \r\nthe offence under the Act; and \r\n(b) a further fine which may extend to two hundred thousand rupees. \r\n (2) The licence of a food operator mentioned in sub -section (1) shall be \r\ncancelled. \r\n35. Compensation in case of injury or death of a consumer .– (1) In case of \r\ninjury or death of a consumer due to unsafe food, the Court, in addition to any other \r\npenalty under this Act, shall direct the food operator to pay compensation to the \r\nconsumer or, as the case may be, the legal heirs of the consumer, an amount which \r\nis– \r\n (a) not less than one million rupees in case of death; and \r\n (b) not exceeding five hundred thousand rupees in case of injury. \r\n (2) If the food operator fails to pay the compensation under this section, \r\nthe Food Authority shall recover the compensation as arrears of land revenue and \r\nmake payment of the recovered amount to the consumer or, as the case may be, the \r\nlegal heirs of the consumer. \r\n36. Forfeiture of food, etc.– In case of a conviction under this Act, the Court may \r\ndirect that any food, equipment, machinery, vehicle or any other thing, to which the \r\nconviction relates, shall be confiscated and shall vest in the Food Authority. \r\n37. Offences by companies .– (1) Where an offence und er this Act has been \r\ncommitted by a Company, every person, who at the time of the commission of the \r\noffence, was in charge of the Company shall be liable to punishment for the offence \r\nand the Company shall also be liable to the punishment of fine or compen sation \r\nspecified for the offence. \r\n (2) Notwithstanding anything contained in sub-section (1), where it is proved \r\nthat the offence is attributable to any neglect on the part of any director, manager, \r\nsecretary or other officer of the Company, such director, manager, secretary or other \r\nofficer shall also be liable to punishment for the offence. \r\nExplanation.– In this section, “Company” means a body corporate and includes a \r\nfirm or any other association of persons. \r\n38. Publication in newspapers.– If a person is convicted of an offence and the \r\nconviction has attained finality, the Food Authority shall, if so directed by the Court, \r\npublish the name of the person together with the name and place of his business, the \r\nnature of the offence and the fine, forfeiture, o r other penalty imposed on him, in \r\nnewspapers or in any other mode for information of the people and the convict shall be \r\nliable to pay the cost of such publication. \r\nCHAPTER V \r\nJURISDICTION AND PROCEDURE \r\n39. Jurisdiction of the Food Authority .– \r\n21\r\n[On informa tion received from any \r\nsource, the Food Authority may, for reasons to be recorded in writing– \r\n(a) register information of an offence under this Act; \r\n(b) submit complaint of an offence before the Special Court; \r\n (c) suspend or cancel the licence of the food operator; \r\n(d) impose fine on the food operator which may extend to one million \r\nrupees; \r\n(e) direct destruction of an adulterated or unsafe food in the prescribed \r\nmanner; or \r\n(f) decide, if the circumstances so warrant, not to take any action.] \r\n (2) If the Food Authority cancels the licence or imposes fine on a food \r\noperator, the food operator may, within fifteen days of the communication of the order, \r\nprefer an appeal against such order to such Appellate Authority as the Government \r\nmay specify by notification in the official Gazette. \r\n (3) The Food Authority or the Appellate Authority shall not pass any order \r\nrelating to suspension or cancellation of the licence or imposition of fine without \r\nproviding an opportunity of hearing to the food operator. \r\n (4) An order o f suspension of a licence under this section shall not be \r\npassed for a period exceeding seven days at a time and, unless sooner withdrawn or \r\nthe licence is cancelled, shall cease to have effect on the expiry of the thirtieth day \r\nfrom the date of first such order. \r\n22\r\n[40. Special Court.– (1) An offence punishable under this Act shall be exclusively \r\ntriable by the Special Court established by the Government and where it establishes \r\nmore than one Special Courts, it shall specify the territorial limits within wh ich each \r\nSpecial Court shall exercise jurisdiction under the Act. \r\n \r\n21Substituted by the Punjab Food Authority (Amend ment) Act 2016 (V of 2016 ); and published in the Punjab Gazette \r\n(Extraordinary), dated 6.2.2016, pages 3717-3722, s.13. \r\n22Substituted by the Punjab Food Authority (Amendment) Act 2016 (V of 2016 ); and published in the Punjab Gazette \r\n(Extraordinary), dated 6.2.2016, pages 3717-3722, s.14. \r\n(2) A Special Court shall consist of a presiding officer and two technical \r\nmembers. \r\n(3) The Government shall send a panel of two or more persons to the Chief \r\nJustice of Lahore High Court and the Chief Justice shall recommend a person in the \r\npanel for appointment as the presiding officer of a Special Court. \r\n(4) Subject to subsection (3), the Government may appoint a person as \r\npresiding officer of a Special Court who has not less than: \r\n(a) five years’ experience as a Magistrate first class; or \r\n(b) ten years’ experience as a prosecutor, law officer or advocate; or \r\n(c) ten years’ experience in the service of Pakistan and is a law graduate. \r\n(5) The Government shall appoint a person as technical mem ber of a \r\nSpecial Court and determine terms and conditions of service of the presiding officer \r\nand technical members in the prescribed manner. \r\n(6) The presiding officer and at least one technical member shall constitute \r\nquorum for a sitting of a Special Court. \r\n(7) A decision of a Special Court shall be expressed in terms of the opinion \r\nof the majority, or if the case has been decided by the presiding officer and only one \r\nof the members and there is a difference of opinion between them, the decision of the \r\nSpecial Court shall be expressed in terms of the opinion of the presiding officer. \r\n(8) If the Special Court is not established or it is not functional in an area, a \r\nMagistrate exercising powers under section 30 of the Code for the area shall be \r\ndeemed to be Special Court under the Act.] \r\n23\r\n[41. Cognizance and investigation .– (1) An offence under this Act shall be \r\ncognizable on information provided to the officer incharge of a police station by an \r\nofficer authorized by the Food Authority or the Food Authority ma y, through public \r\nprosecutor, file complaint of an offence before the Special Court. \r\n (2) If the offence causes death of, or injury to, a person, the aggrieved \r\nperson may also file a complaint in the Special Court under Chapter XVI of the Code. \r\n (3) The Government shall, by notification, constitute standing investigation \r\nteam for an area consisting of a police officer and a food safety officer to investigate \r\nan offence under the Act and, through public prosecutor, to submit report in the \r\nSpecial Court under the Code. \r\n(4) The offences under section 22A and clauses (b) and (c) of section 24 of \r\nthe Act shall be non-bailable.] \r\n42. Time limit for prosecutions .– The prosecution for an offence under the Act \r\nshall not be allowed after the expiry of three years from the date of the commission \r\nof the offence or one year from its discovery by the complainant, whichever is the \r\nearlier. \r\n \r\n23Substituted by the Punjab Food Authority (Amendment) Act 2016 (V of 2016 ); and published in the Punjab Gazette \r\n(Extraordinary), dated 6.2.2016, pages 3717-3722, s.15. \r\n24\r\n[43. Summary trial .– (1) Notwithstanding anything contained in the Code but \r\nsubject to subsection (2) , a Special Court may summarily try an offence punishable \r\nunder this Act and impose punishment of imprisonment for a term not exceeding six \r\nmonths or fine not exceeding one million rupees. \r\n(2) If a Special Court is of opinion that the nature of the offence does not \r\njustify summary trial, it may conduct proceedings in accordance with the provisions of \r\nChapter XX of the Code.] \r\n44. Defence available .– In any proceedings for an offence under this Act, the \r\nexercise of due care and caution shall be valid defence if it is proved that the person \r\ntook all reasonable precautions and exercised due diligence to prevent the \r\ncommission of the offence. \r\n45. Recovery of fines etc .– (1) The Food Authority shall recover the fine, fee or \r\nany other amount, imposed or levied, under this Act, the rules or the regul ations, as \r\nan arrears of land revenue and, for the purpose, authorize an officer to exercise the \r\npowers of Collector under the Punjab Land Revenue Act 1967 (XVII of 1967). \r\n (2) The fine imposed or the fee charged under the Act, the rules or the \r\nregulations shall be deposited with the Food Authority and shall form part of the \r\nFood Authority Fund. \r\n25\r\n[45A. Appeal against conviction.– (1) The Authority or the person sentenced by a \r\nSpecial Court may, within thirty days from the date of communication of the order, file \r\nan appeal against a final order of the Special Court to Lahore High Court. \r\n (2) Save as provided in this Act or rules, no court shall take cognizance or \r\nrevise a sentence, or transfer any case from a Special Court, or make order under \r\nsections 426, 491 or 498 of the Code or have jurisdiction of any kind in respect of any \r\nproceedings of the Special Court. \r\n45B. Transfer of cases .– (1) A case regarding any matter within the jurisdiction of \r\na Special Court, pending in any court immediately before the esta blishment of a \r\nSpecial Court under this Act, shall stand transferred to the Special Court which has \r\njurisdiction to try such case. \r\n(2) The Lahore High Court may transfer a case from one Special Court to \r\nanother Special Court or from a Special Court to any other court or from any other \r\ncourt to a Special Court.] \r\nCHAPTER VI \r\nFINANCES AND REPORTS \r\n46. Food Authority Fund.– (1) There shall be established a fund to be known as \r\nthe Food Authority Fund to be administered and controlled by the Food Authority. \r\n (2) The Food Authority Fund shall consist of– \r\n(a) funds provided by the Government or the Federal Government; \r\n \r\n24Substituted by the Punjab Food Authority (Amendment) Ac t 2016 (V of 2016 ); and published in the Punjab Gazette \r\n(Extraordinary), dated 6.2.2016, pages 3717-3722, s.16. \r\n25Inserted by the Punjab Food Authority (Amendment) Act 2016 (V of 2016 ); and published in the Punjab Gazette \r\n(Extraordinary), dated 6.2.2016, pages 3717-3722, s.17. \r\n(b) loans or grants by the Government or the Federal Government; \r\n(c) other loans or funds obtained by the Food Authority; \r\n(d) grants and loans negotiate d and raised, or otherwise obtained, by the \r\nFood Authority with the prior approval of the Government; \r\n(e) fee, charges, rentals and fines collected by the Food Authority; \r\n(f) income from the lease or sale of the property; \r\n(g) funds from floating bonds, sha res, debentures, certificates, or other \r\nsecurities issued by the Food Authority; and \r\n(h) all other sums received by the Food Authority. \r\n (3) The Food Authority shall meet all of its expenses from the Food \r\nAuthority Fund. \r\n (4) It shall be the duty of the Food Authority to conserve the Food Authority \r\nFund while performing its functions and exercising its powers under this Act. \r\n47. Bank accounts.– The Food Authority may open and maintain its accounts at \r\nsuch scheduled banks as may be prescribed, and until so p rescribed, as the \r\nGovernment may determine. \r\n48. Budget and a ccounts.– (1) The Food Authority shall maintain proper \r\naccounts and other records relating to its financial affairs including its income and \r\nexpenditures and its assets and liabilities in such for m and manner as may be \r\nprescribed. \r\n (2) After the conclusion of a financial year, the Food Authority, in the \r\nmanner prescribed, shall cause to be prepared for the financial year statements of \r\naccount of the Food Authority which shall include a balance -sheet and an account of \r\nincome and expenditures. \r\n (3) The Food Authority shall approve its annual budget for a financial year \r\nin the prescribed manner. \r\n (4) No expenditure for which provision has not been made in any approved \r\nbudget shall be incurred without prior approval of the Food Authority. \r\n49. Audit.– (1) The Auditor General of Pakistan shall annually audit the accounts \r\nof the Food Authority. \r\n (2) The Government, in addition to the audit under sub -section (1), shall \r\ncause the accounts of the Food Authorit y annually audited by a Chartered \r\nAccountant or a firm of Chartered Accountants. \r\n (3) The auditor appointed under sub -section (2) shall be provided such \r\naccess to the books, accounts and other documents as may be considered \r\nnecessary for the audit of accounts. \r\n (4) The auditor shall submit the annual or any special audit report to the \r\nFood Authority, and the Food Authority, under intimation to the Government, shall \r\ntake appropriate remedial or other action in the light of the audit report. \r\n50. Annual report .– (1) The Food Authority shall, within three months of the \r\nclose of a financial year, submit to the Government an annual performance report. \r\n (2) The report shall consist of– \r\n(a) the statement of accounts and audit reports of the Food Authority; \r\n(b) a com prehensive statement of the work and activities of the Food \r\nAuthority during the preceding financial year and its proposed projects \r\nand schemes; and \r\n(c) such other matters as may be prescribed or as the Food Authority may \r\nconsider appropriate. \r\n (3) The Government shall, within two months of receiving the report from \r\nthe Food Authority, give notice for laying the report in the Provincial Assembly of the \r\nPunjab, and shall lay the report in the first available session of the Assembly. \r\n26\r\n[50A. Periodical reports.– (1) The Food Authority shall every three months submit \r\nto the Government a report about the performance of the Food Authority especially \r\nwith respect to the protection of public health, provision of safety and standards of \r\nfood during the months under r eport and the steps taken and likely to be taken to \r\nachieve the purposes of this Act. \r\n (2) The Government may, after considering the report, issue such \r\ndirections to the Food Authority as may be necessary for achieving the purposes of \r\nthe Act and the Authority shall implement the directions. \r\n50B. Monitoring and evaluation .– (1) The Government shall, at least once in a \r\nyear, conduct or cause to be conducted, the performance audit of the Authority to \r\nassess and evaluate the performance of the Food Authority i n accomplishing the \r\nobjectives of this Act. \r\n(2) The Government shall evaluate the report mentioned in subsection (1) \r\nand shall, on the basis of the report, issue such directions to the Food Authority as \r\nmay be necessary for accomplishing the objectives of the Act and the Food Authority \r\nshall implement the directions.] \r\nCHAPTER VII \r\nMISCELLANEOUS \r\n51. Delegation of powers .– The Food Authority may delegate, subject to such \r\nconditions and restrictions as may be specified in the order, any of its functions to a \r\nbody, committee or an officer, except the function to– \r\n(a) frame or amend regulations; \r\n(b) constitute a committee or fill a vacancy in a committee; \r\n(c) formulate standards, procedures, processes and guidelines in relation \r\nto any aspect of food; and \r\n(d) approve the annual report, annual budget and audited accounts. \r\n \r\n26Inserted by the Punjab Food Authority (Amendment) Act 2016 (V of 2016) ; and published in the Punjab Gazette \r\n(Extraordinary), dated 6.2.2016, pages 3717-3722, s.18. \r\n52. Reward by the Food Authority .– The Food Authority may, in the manner \r\nprescribed by the rules, make payment of reward from the Food Authority Fund to \r\nany person who has made an exceptional effor t towards accomplishing the objective \r\nof this Act. \r\n53. Public servants.– The Chairperson, the members and the employees of the \r\nFood Authority shall be deemed, when acting in the discharge of their functions \r\nunder this Act, to be public servants within the meaning of section 21 of the Pakistan \r\nPenal Code 1860 (XLV of 1860). \r\n54. Immunity.– No suit, prosecution or other legal proceedings shall lie against the \r\nGovernment, any officer of the Government, the Food Authority, the Chairperson, a \r\nmember or any employee of the Food Authority for anything which is done in good faith \r\nunder this Act, the rules or the regulations. \r\n27\r\n[54A. Bar of jurisdiction .– A civil court shall not entertain a suit or an application \r\nagainst any proceedings taken or order made under this Act.] \r\n55. Overriding effect .– The provisions of this Act shall have effect \r\nnotwithstanding anything contained in any other law. \r\n56. Government to make rules .– The Government may make rules for carrying \r\nout the purposes of this Act. \r\n57. Food Authority to fra me regulations.– (1) Subject to this Act and the rules, \r\nthe Food Authority may, by notification, frame regulations to give effect to the \r\nprovisions of the Act. \r\n (2) Without prejudice to the generality of sub -section (1), the regulations \r\nmay provide for: \r\n(a) procedure for transaction of business of the Food Authority; \r\n(b) terms and conditions of service of the employees of the Food Authority; \r\n(c) procedure and conduct of business by a scientific panel; \r\n(d) standards and guidelines in relation to any food, fo od places, food \r\nworkers and food handlers; \r\n(e) limits of additives, contaminants, toxic substance, heavy metals \r\npesticides, veterinary drugs, residues etc., in the food; \r\n(f) marking, packaging, labelling, advertising and warranty of any food; \r\n(g) food recall procedures, improvement notices and prohibition orders; \r\n(h) licensing and registration procedures; \r\n(i) inspection of food business, safe and hygienic storage and \r\ntransportation practices; \r\n(j) recognition and accreditation of laboratories and scale of fe e for a \r\nlaboratory test; \r\n \r\n27Inserted by the Punjab Food Authority (Amendment) Act 2016 (V of 2016 ); and published in the Punjab Gazette \r\n(Extraordinary), dated 6.2.2016, pages 3717-3722, s.19. \r\n(k) search of a premises, vehicle or person and guidelines for taking and \r\nhandling samples of any food; \r\n(l) prosecutions and appeals under the Act; and \r\n(m) finances, accounts, budget and reporting procedures. \r\n58. Repeal and savings .– (1) The Punjab Pure Food Ordinance 1960 ( VII of \r\n1960) is hereby repealed. \r\n (2) Subject to this Act, any licence or order issued under the repealed \r\nOrdinance, which is in force on the date of coming into force of the Act, shall be \r\ndeemed to have been iss ued under the Act and shall continue to be in force until \r\nexpired, cancelled or withdrawn. \r\n (3) The standards, safety requirements and other provisions of the \r\nrepealed Ordinance or the rules made thereunder, shall, to the extent of consistency \r\nwith the Act , continue to remain in force till the standards, safety requirements are \r\nprescribed under the Act. \r\n (4) The Punjab Food Safety and Standards Authority Ordinance 2011 (I of \r\n2011) is hereby repealed. \r\n59. Power to remove difficulties .– The Government may, by notification, make \r\nsuch provisions not inconsistent with this Act, as may appear necessary for removing \r\nany difficulty or giving effect to the provisions of the Act. \r\n28\r\n[SCHEDULE \r\n(Section 22A) \r\n \r\nSr# Article of Food Quantity \r\n1 Milk 500 litre \r\n2 Desi Ghee, Butter, 1000 kg \r\n3 Khoya 1000 kg \r\n4 Edible oils & fats 1000 litre \r\n5 Tea 250 kg \r\n6 Atta, Maida, Suji, Basin 1000 kg \r\n7 Sugar, Honey, Gur, Shakar or other sweeteners 1000 kg \r\n8 Prepared food 100 kg \r\n9 Ketchup, Sauces & Pickles 250 kg \r\n10 Aerated Carbonated water 1000 litre \r\n12 Spices 250 kg \r\n13 Cereal & Cereal Product(other than Atta) 500 kg \r\n14 Snack Products 500 kg \r\n15 Confectionary 250 kg \r\n16 Ice Cream, Kulfi, cream, condensed milk, cheese, Yogurt 250 kg \r\n17 Baby Foods 100 kg \r\n18 Milk Powders 500 kg \r\n19 Syrup, sherbets, Fruit and Vegetable concentrates 500 litre \r\n20 Water 500 litre \r\n21 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