Foul play to result in prison terms under new law

The amended ordinance came into effect on August 12 province-wide

LAHORE:

Any foul play in the food sector will land those responsible in jail for a minimum of three days or the rest of their lives following the introduction of the Punjab Food Authority (Amendment) Ordinance 2015.

The ordinance came into effect on August 12 province-wide. Under the new law, the PFA will begin categorising businesses in the sector in accordance with the level of standard adherence, established scientific principles and international best practices. Certificates will be issued by the authority to establishments in this regard. Legal action will be initiated against establishments that remove, tamper or deface the certificates.

Substandard or misbranded food

Any people vending, distributing, importing or exporting products that are substandard or misbranded shall be liable to imprisonment for a term which may extend to six months but which shall not be less than one month and fine which may extend to Rs1 million but not less than Rs100,000.

Hazardous food

Any food operator who manufactures for sale, stores, distributes, imports or exports hazardous eatables shall be liable to imprisonment for a term which may extend to six months but which shall not be less that one month and fine which may extend to Rs1 million but not less than Rs100,000 if the product does not injure anyone.

If the product harms anyone on the other hand, the operator has to face imprisonment for a term which may extend to three years but which shall not be less than three months and fine which extend to Rs1 million but shall not be less than Rs100,000. Moreover, if an eatable causes the demise of anyone, the operator has to face life imprisonment or a minimum of 10 years in prison and fine which may extend to Rs3 million or minimum Rs2 million.

Unsanitary conditions

Any person who manufactures, processes or stores food in unsanitary conditions shall be liable to imprisonment for a term which may extend to six months but which shall not be less than three days and fine which may extend to Rs1 million but shall not be less than Rs20,000.

Trading without licence

If an operator manufactures, sells, stores, distributes or imports food without the requisite registration or licence he shall be  liable to imprisonment for a term which may extend to one year but which shall not be less than three days and fine which may extend to Rs0.5 million but which shall not be less that Rs 10,000.

Special courts

The government will establish special courts province-wide composed of a presiding officer and two technical members. The government shall send a panel of two or more persons to the chief justice of the Lahore High Court (LHC) and the CJ shall recommend a person in the panel for appointment as the presiding officer of a special court. The presiding officer must possess a minimum of five years experience as a first class magistrate or 10 years experience as prosecutor, law officer, advocate or 10 years of experience serving Pakistan and be a law graduate.

Cognisance

An offence under the law shall be cognizable on information provided to the officer in charge of a police station by an officer authorised by the PFA or the authority may file a complaint regarding an offence before a special court through a public prosecutor. If an offence injures or causes the demise of a person, the aggrieved may also file a complaint before the special court. The offences listed under the law shall be non-bailable.

Appeal against conviction

The authority or the person sentenced by a special court may file an appeal against a final order of the special court at the LHC within 30 days from the date of communication of the order.

Published in The Express Tribune, August 15^th, 2015.