See discussions, stats, and author profiles for this publication at: https://www.researchgate.

net/publication/344452849

CRITICAL ANALYSES OF LAWS RELATING TO THE MANAGEMENT OF FOOD

SAFETY IN PAKISTAN AND WAY FORWARD

Article · October 2020

CITATIONS READS

3 2,372

2 authors:

Sohaib Afzaal Fahad Hassan

Citrus Research Institute (Pakistan) University of Central Punjab
44 PUBLICATIONS 57 CITATIONS 2 PUBLICATIONS 3 CITATIONS

SEE PROFILE SEE PROFILE

All content following this page was uploaded by Sohaib Afzaal on 02 October 2020.

The user has requested enhancement of the downloaded file.

Journal of Hygienic Engineering and Design

Review paper
UDC 614,31:340.13(549.1)

CRITICAL ANALYSES OF LAWS RELATING TO THE MANAGEMENT OF

FOOD SAFETY IN PAKISTAN AND WAY FORWARD
Naeem Ullah Khan1, Fahad Hassan2, Farah Deeba3, Hafsa Yamin4, Sohaib Afzaal4*

University Law College, University of the Punjab, Canal Road nn, 54590 Lahore, Pakistan
1

2
Faculty of Life Sciences, University of Central Punjab, Johar Town nn, 54782 Lahore, Pakistan
3
School of Law, University of Okara, Okara Road nn, 56300 Okara Pakistan
4
Institute of Agricultural Sciences, University of the Punjab, Quaid-i-Azam Campus,
54590 Lahore, Pakistan
*
e-mail: sohaib.afzaal@hotmail.com

Abstract
Provision of safe food and food security are the most
studied topics of current era. Assurance of food safety
in developing countries i.e., India and Pakistan are al-
ways compromised due to lack of an appropriate struc-
ture and framework. Though there are a lot of legisla-
tions and laws in the Constitution of Pakistan, which
ensure various aspects of food chain. But their focus
is mainly food chain management and marketing. Due
to poorly legislative framework, various food borne
infectious diseases have been prevailed in Pakistani
community. In 2011, a semi government authority was
formed in biggest province of Pakistan, which focused
on the provision of safe food, but that authority is still
in legalization process. Overall, there is deficiency of a
legal framework for food safety and food security for
indigenous as well as overseas food trade.
Current study focuses on the root causes of lack of
regulations and implementation of food safety laws in
Pakistan, and glimpse on food safety issues including
suggestions to solve this problem. A brief description
of the pre-existing laws and regulations related to food
safety and food quality management for variety of raw
and processed foods have been criticized. Reasons for
poor implementation of laws are discussed and pos-
sibilities to improve this legal framework are suggest-
ed. Furthermore, role of citizens and their awareness
has been explored to maintain and develop a legal
framework to ensure food safety throughout agri-food
chain. As the main reason for lack of regulations is
unawareness of public about the importance of food
safety regulative framework, lack of demand and inter-
est for safe food.
This review shows a brief overview of the existing na-
tional food safety laws and also it finds out some en-
try points where citizens can play their role in making
these laws more effective. Moreover, role of Food Au-
thority has been discussed and role WTO-SPS agree-
ment for global trade with Pakistan is elaborated.
Key words: Agri-Food Chain, Punjab Food Authority,
Constitution, Food Safety, Food Poisoning.
1. Introduction
Food safety have been emerging as a serious issue
in the world as well as in Pakistan. Safe food is a fun-
damental precondition for survival and healthy life.
Various type of carcinomas i.e., hepatic cancers and
other liver problems have been reported in Pakistan
frequently. The only reason for these issues is the lack
of food safety and food security. Recent example for
this was the death of 121 individuals including 41 chil-
dren in Thar in 2014, only due to lack of food and un-
availability of safe food leading to malnutrition. 80%
of Pakistani population is suffering from the deficiency
of suitable drinking water. Especially in northern and
central regions of Punjab province, Sindh, Baluchistan,
Federally Administered Tribal Areas (FATA) and Khyber
Pakhtunkhwa (KPK). The issues of food safety and food
security has become regular mental depressing source
for a majority of population. To provide safe food to all
the population, various multidimensional approaches
are required on priority basis. These ­multidimensional

33

approaches should be applied at different levels of
food chains i.e., from farm, during transportation to
processing units, during processing and preservation,
and after consumption effects. Major stakeholders
which can play a vital role in management of food safe-
ty and food security may include government, public,
food producers, food processers and marketers [1, 2].
The focus of this paper is about the participation and
the role of government and public to achieve food
safety and food security by implementation of laws
and proper legislation.
At present situation, Pakistan is facing the massive
challenges to food safety and food security. These
problems are leading the acute deaths and higher
mortality rates especially among children. Occurrence
of communicable and non-communicable diseases is
also becoming a serious issue i.e., diagnosis of Polio vi-
rus in the tap water of Lahore city is recent example.
Food safety is world’s hottest issue now days. Out-
breaks of, listeriosis, salmonellosis, and gastroenteritis
infections and food poisoning have now become a
serious problem in Pakistan. Every month, hundreds
of people visited private and government hospitals.
While there are various unreported cases especially in
the rural areas lacking the access to basic health care
and secured food facilities; they suffer silently all the
problems remaining unaware about the reasons for
their disorders. According to survey of Pakistan Health
and Demographics conducted in 2006 - 2007, diar-
rhoea and its associated diseases have been declared
as fourth (4th) major contributor in mortality rates
especially for the children under five (5) years of age.
Diarrheal diseases are mainly caused by lack of safe
foods. While diarrhoea along with other three major
contributors i.e., asphyxia, sepsis and pneumonia, have
been the most affected about forty thousand (40,000)
lives around the globe, including a majority of children
under five. Diarrheal diseases caused from foodborne
pathogens have been estimated cause to 2.2 million
deaths annually. Various chronic and acute disorders
including kidney and live failure, various types of carci-
nomas, neurological defects and bone problems may
be due to unsafe and non-nutritional food. 2 - 3 % food
borne diseases in many cases are assumed as severe
issues and may lead to life time problems leading to
death [3, 4].
Foodborne diseases are negatively affecting the health
of individuals and producing serious health hazards
but it also adversely affects the economic develop-
ment. It is a common observation that the under mid-
dle class community is more susceptible to be affected
by food borne problems. This may be due to lack of
knowledge and awareness regarding personal hygien-
ic conditions, proper handling and cleanliness at food
processing areas. Poor sanitation facilities, unhygienic
handling of food and utensils, dirty environment at
34
Journal of Hygienic Engineering and Design
eating places, purchase of lower quality and low-cost
food products and their consumption, all lead to food
borne diseases [5]. According to a localized unofficial
survey, 38% kids are underweight and 42% kids are suf-
fering malnutrition in developing countries including
Pakistan [6]. Among the main causes of malnutrition,
food safety and food security are major reasons. Food
adulteration is a big problem in developing countries
i.e., in Pakistan also. Adulterated foods impart the lack
of precious nutrients and make the unavailability of
vital vitamins, minerals and bioactive compounds ul-
timately weakening the immune systems in kids and
children making them more prune to various chronic
and acute diseases i.e., pneumonia, acute respiratory
infection and measles [7].
Food adulteration has become a serious problem in
Pakistan. Milk is considered as most adulterated food
product due to many reasons i.e., to improve the shelf
life during transportation from a cattle farm to the
dairy industry. Most commonly used milk adulterants
in Pakistan may include: tap water, formalin, urea, de-
tergents and margarine. Recently melamine (a chem-
ical used in plastic industry) was found in packaged
milk products [8]. This peek of adulteration is con-
tributing to overall mental retarding and prematurity
among children. Same situation of contamination is
found in the bottled water used for drinking purpose.
Out of 33 main brands of bottled water in developed
areas of Pakistan, 22 were found contaminated with
pathogenic bacteria. 14 brands have also been report-
ed contaminated with heavy metals including arsenic,
fluorides and potassium [9]. A notable case of food
poisoning caused by yogurt contaminated with feast,
was occurred at 2007 in a training center affecting 57
personals out of 110 [10]. According to a study con-
ducted in 2017, raw and partially processed meat was
found with high levels of contamination in Lahore [11,
12]. Aflatoxin contamination is also becoming a serious
threat to indigenous food products of Pakistan includ-
ing: cereal grains, nuts and dry fruits, milk products
and chillies. Production of aflatoxin producing fungal
strains enhances only due to lack of good storage con-
ditions and minimised implementation of regulations
for the storage and transportation of food commodi-
ties [5]. Due to this situation of biological and chemical
adulteration, chances for outbreaks of salmonellosis,
listeriosis, and aflatoxicosis may become high.
Food laws, legislations and regulations enforced by
government play a fundamental role for maintenance
of agri-food chain. No doubt citizens have also respon-
sibilities in this regard, but government should have
to design a framework for implementation of laws and
regulations to maintain the food safety and food se-
curity status throughout the country. These laws and
regulations should be devised in all the aspects of
food chain i.e., from farm to fork and after effects of
Journal of Hygienic Engineering and Design

consumption. These regulations should be devised by rights to life and liberty according to the various cases,
government under a systemized framework to main- law interpretation of diverse jurisdictions. The word life
tain the provision of food commodities. All the rules includes health, good environment, quality food and it
and regulations regarding the levels of adulterants, is mandatory responsibility of the state to provide ba-
contaminants, quality and safety standards should be sic necessities including safe food to citizens.
properly defined including the minimum and maxi-
It is worthwhile to note that the right to quality of food
mum thresh hold levels of adulterant or contaminants.
is recognized as a basic or fundamental human right.
All the protocols for pre and post-harvest periods in-
The right to have adequate food have also been recog-
cluding transportation, processing, preservation and
nized in different international jurisdiction documents
marketing should be defined under a legal frame-
notably. While article 38 (d) in the Constitution of Pa-
work, which ensures safety of food products after
kistan provides basic necessities of life such as food,
­consumption.
clothing, accommodation, education and medical re-
Currently there is no legal framework containing speci- lief for all the citizens irrespective of sex, caste, race, as
fied sets of regulations dealing with the agri-food chain are permanently or temporarily unable to earn their
targeting the safety of final food products. Even in the livelihood an account of infirmity, sickness or unem-
Constitution of Pakistan, there is no article related to ployment. Provision of safe food should be added as
processing and preservation of food and agro-food basic human right in the Constitution of Pakistan. But
products. There is no framework in Pakistan according there are certain laws present in Pakistan dealing with
to food regulations, though in the Constitution of 1973, foods. These laws have been devised long time ago,
articles 8 to 18 deals with fundamental rights, but any but these have potential to attain at-least minimum
direct article of fundamental rights does not deal with levels of food safety, but unfortunately like various
rights to food. Moreover, in the opinion of authors, this other state laws, these food laws are minimally imple-
right may be treated in the umbrella of article nine mented. Matrix of some actively implemented laws are
(9) from the Constitution of Pakistan that relates with given in Table 1.
Table 1. Matrices of some major laws relating to food safety and quality management in Pakistan
Legislation Subject Objective Punishment
For first time offense, one-year
Inspection & testing of the product
Pakistan punishment of prison, and minimum fine
for the quality, specifications &
standard and Food adulterine of 150 €.
characteristics
quality control, management For second time offense, one-year
during use and for import & export
1996 punishment of prison, and minimum fine
purposes
of 250 €.
For first offence with rigorous
imprisonment for a term which may
extend to one year and with fine ranging
Maintenance of purity of the food and
Pure food Preparation and from 1 to 10 €.
not an anti-profiteering measures and
ordinance, sale of foods in For second offence with rigorous
prohibiting distribution of adulterated
1960 the provinces imprisonment of for a term which shall
foodstuffs for human consumption.
not be less than three months and not
be more than two years and with fine
ranging from 2.5 to 50 €.
Sale or prepare For first offence, issuances of show cause
Punjab meat License granting for the sale and
or store for notice.
(control) order, purchase of meat and meat-based
sale of meat in For second offence, cancellation of
1978 products.
Punjab license.
Regulation of
Paddy and rice Transportation of Paddy by any means
Paddy and Rice
(control) order, of transport within non-scheduled area Fore feature of the commodities.
and Rice based
1981 except under special circumstances.
products
Punjab sugar For first offence, issuances of show cause
Regulation of
(licensing notice.
Sugar quantity Regulation of holding stocks of sugar
control) order, For second offence, cancellation of
and price control
1972 license.
Any type of adulteration in food
Prevention of With imprisonment of either description
commodities, or drinkables, intended to
Pakistan penal adulteration and for a term which may extend to six
be consumed or adulterants utilized in
code, 1860 sale of noxious months or with fine which any extend to
raw products, to be utilized in final food
food or drink 0.5 € or with both.
products.

35

This paper focuses on the root causes of lack of reg-
ulations and implementation of food safety laws in
Pakistan, and glimpse on food safety issues includ-
ing suggestions to solve this problem. Moreover, role
of citizens and their awareness has been explored to
maintain and develop a legal framework to ensure
food safety throughout agri-food chain. As the main
reason for lack of regulations is unawareness of pub-
lic about the importance of food safety regulative
framework, lack of demand and interest for safe food.
In this review is shown a brief overview of the existing
national food safety laws and also it finds out some en-
try points where citizens can play their role in making
these laws more effective.
2. Food safety issues in Pakistan
There are too much food safety issues in Pakistan but
the most terrifying issue is the adulteration of food
products. It is a serious problem because, rather than
pesticide residues, it is directly involved to contam-
inate the ready to use food commodities. Milk is the
most common commodity being adulterated by var-
ious adulterants including: tap water, hydrogen per-
oxide (H2O2), formalin, carbonates and bicarbonates,
caustic soda, and ammonia which are directly incorpo-
rated in milk to increase its volume and retain physical
characteristics, while various antibiotics also resided
indirectly, which are applied to cattle to increase the
milk quantity. Akhtar, [13], reported that 80% of milk
in loose packing or tetra packs is adulterated. Simi-
larly, various other products i.e., beverages, bakery
products, spices, bottled water have also been found
with the contamination of adulterants. Second major
issue for the safety of Pakistani foods is the prevalence
of pesticide residues in the food products of plant or-
igin. These pesticide residues get entered into human
blood and badly affect the metabolism of human body
leading to reduced immunity. Reduced immunity may
cause the various disorders including various types of
carcinomas. Mainly six groups of pesticides i.e., carbo-
furan, endosulfan, methyl parathion, monocrotophos,
bifenthrin and cyhalothrin are being widely used in
the Pakistani agricultural commodities and high levels
of pesticide accumulation has been found in various
regions of Pakistan e.g., in Hyderabad, and 61% of lo-
cally harvested fruits and vegetables were found with
exceeding limits of pesticide residues accumulation.
Third and emerging threat to food safety of Pakistan is
the prevalence of foodborne microbes and pathogens
in foods. These may include fungal, bacterial or viral
pathogens, either producing food borne disorders i.e.,
listeriosis by Listeria monocytogens, botulism by Clos-
tridium botulinum or various fungal species producing
mycotoxins especially aflatoxins in food products, ulti-
mately being the cause of mycotoxicosis (type of car-
cinoma). It is assumed that high levels of liver diseases
36
Journal of Hygienic Engineering and Design
and hepatic cancers are due the aflatoxin contamina-
tion in Pakistan foods [5].
2.1 National food safety legislations
Pakistan has endorsed multiple food safety legisla-
tions. Primary Acts are “West Pakistan Pure Food Ordi-
nance” from 1960 and “Cantonments Pure Food Act”,
from 1966. These ordinances warrant the safety of food
at every level of food preparation. The said stages are:
production, processing, transport and storage and fi-
nally sale to customers. Local authorities are bound to
ensure implementation of these ordinances. Howev-
er, these legislations faced various criticisms amongst
which is also the non-provisioning of consumer com-
pensation as consumers are harmed by the consump-
tion of low-quality food products. The section of con-
sumer compensation in Pakistan Penal Code covers
adulteration of food and drinks but somehow not the
said issue. In contrary, Indian Food Safety and Stan-
dards Act, from 2006, in Article 65 has individualistical-
ly resolved the issue of compensation [14].
Moreover, food safety of street vended food products is
also not clearly addressed which is a flourishing culture
in Pakistan as the opportunity of self-employment with
minimum cost to the low- and middle-income class is
easily provided through this. Despite street vending
food products being economical and liked options
by most of the vendors, the chances of health risks to
the consumers can’t be negated. Several studies in the
developing countries have highlighted tiniest food hy-
giene of such products. Microbiological contamination
of raw food mainly results due to contaminated water,
inappropriate housework of utensils, sick and infected
handlers, insufficient cooking, and heating of food. In
a study of microbial assessment of street vended juice
in Pakistan, it was noticed that yeast, moulds and E. coli
were found in all the samples analyzed and in nearly
half respectively [15]. To reduce these risks, the World
Health Organization (WHO) advises countries to adopt
a multifaceted approach to articulate and enforce laws
controlling street vended food. The registration and
medical examination of street vendors for infectious
diseases also to be ensured. It’s been learnt through
multiple studies that poor knowledge of food safety
is possessed by bulk of street vendors and food han-
dlers whereas age or gender factor has no contribu-
tion in food safety knowledge. So far Pakistan did not
evolve any work plan for the safety of street vended
food items. The Act of Pakistan hotels and restaurants
bounds all the restaurants and hotels to get registered
officially and in case of violation, the owner to pay a
monetary penalty [16]. Through registration, minimum
health and hygienic standards by the retailer are con-
firmed and acknowledged that all its staff has attained
medical fitness certificates. Retail of sub-standard
food and beverages is an offense by law and liable to
Journal of Hygienic Engineering and Design
r­elevant monetary penalty. The inacceptable state of
hygiene at most of the food points countrywide has
obscured its implementation as formal documentation
of this law describing extent of implementation is yet
to be done. Registration of such restaurants and hotels
is not done and licenses without comprehensive in-
spection are issued. The Pakistan standards and quality
control authority (PSQCA) is the premier national body
holding authority for formulating guiding principle of
national standardization and for products quality tests.
The organization was founded under the PSQCA Act in
1996. Since 2000, the year after it became functional,
the organization adopted standard specifications for
over 26,000 commercially available commodities with
a comprehensive list of food products [17]. After test-
ing, the products are standardized for the quality as
per standard specifications, and after they issue licens-
es to food producers and manufacturers whose prod-
ucts match the standards and quality specifications. As
compared to the Pakistani regulations on food safety,
the Indian Parliament passed a wholesome and con-
solidated Act to resolve the problem [14]. The Act con-
trolled a body like PSQCA, Food safety and standards
authority of India which was also established with
similar tasks but dealing explicitly to food products in-
stead of a wide range of commercially available items
as being undertaken by the PSQCA. The Authority up-
dates and maintains complete online directory of the
name, contact and other details of its hierarchy from
the chairperson to the appointments like food com-
missioners of each state, laboratory officials and princi-
pal secretaries. It is contrary to what exists in Pakistan,
where the “local authority” responsible for implement-
ing the food laws are kept ambiguous, and only the
names and contact information of “food inspectors”
is given who are required to be appointed under the
law. Fact sheets for several individual states, presenting
other information, the status of the implementation of
Food safety and standards act, and all the challenges
that need to be addressed are also maintained by the
Indian food safety and standards authority. Whereas in
Pakistan such documents either don’t exist or unfortu-
nately are not made public to hide the implementation
level of the legislations.
2.2 Critical steps to be taken
Ensuring food safety at provincial or national levels is
very important to safe guard the public health and dis-
regarding the direct and indirect adverse consequenc-
es of foodborne illnesses. Commitment by the provin-
cial and national ministries of health is an essential
element to solve the issue after which a comprehen-
sive policy is required to be formulated under guiding
principles of WHO for refining national food control
systems. Also, it is necessary to review current food
laws and to enforce strict compliance and ­establish
i­nspection and laboratory testing facilities. PSQCA has
to adopt all the independent studies evaluating the
strategies, policies and standard specifications in re-
lation to food items, as well as the extent to which a
body can be succeeded in attaining its objectives. The
occurrence of food borne diseases in the country glar-
ingly reveal that the national food safety legislations
are not being implemented in true, meaning and the
PSQCA has short follies in its operations. Inadequate
application of these legislations has been highlight-
ed in many studies mentioning the contamination of
commercially available food and water and use of for-
bidden food colours [18, 19, and 20].
On the recent issue regarding contamination of bot-
tled water and adulteration of packaged milk, seem-
ingly no punitive action was taken to the companies
charged with the offence or at are least made public.
Research focusing to the implementation of food laws
and the functioning of PSQCA is lacking in Pakistan.
However, baseline surveys on the prevalence and bur-
den of food borne illnesses on the health of people are
crucial for addressing the food safety concerns of our
people. NGOs, professional medical societies and most
importantly media, should take the responsibility for
spreading awareness and safe practices related to han-
dling of food, transport and storage. This is how public
can exert pressure on the government to enforce food
safety legislations. All the citizens can play constructive
role by communicating complaints under the two pure
food laws, if any manufacturer or product is found vio-
lating their provisions.
2.3 A brief insight of food laws in Pakistan
Since the formation of Pakistan in 1947, various food
laws are existing in Pakistan, covering multiple aspects
of food chain, from the pre-harvesting stage to food
consumption. Mostly these laws deal with the pro-
duction of agricultural produce, transportation and
supply chain, processing and bulk storage of raw and
processed food commodities. However, there are four
(04) laws present, which deal with food safety. Three of
them are directly related to food safety issues while the
fourth one, is an act (Pakistan standards and quality
control authority act), which indirectly deals with the
food safety and quality assurance. A brief overview of
these laws is given below.
The Pure food ordinance, from 1960 is related for the
preparation and sale of foods. With certain amend-
ments all the provinces including some northern
tribes has adopted this law. It is aimed to prevent any
impurities in order to provide pure and safe food to
the consumers. Mixing of any chemical, stain, or col-
or in food is also prohibited in this ordinance as the
food may become detrimental to health. This law
also set standards for: coloring, flavoring compounds,
37

a­ ntioxidants ­preservatives, stabilizers, anti-caking
agent, and non-nutritive constituents. Preparation,
processing, import or export and sale of unsafe or haz-
ardous, food is also prohibited by this law. Misbranded
food items are also prohibited. According to this law
the rules have been sets and described for the label-
ing of pre-packed food and it also include precaution-
ary measures for packing and storage. to ensure the
safety and purity of food four different criterion have
been selected by the law: a) it ban the manufacturing
or processing of injurious food items; b) it prohibits
import, export and sale of unhealthy and unsafe food;
c) it develop standards of hygiene; and d) inspection
and laboratory analysis of food samples. Local author-
ity, designated by the government, is responsible for
the enforcement of the Ordinance. Unfortunately, in all
areas the law is not implemented the way it should be.
Even penalties of the same offence vary in provinces
and the law is silent about award of compensation or
damages to consumers.
In cantonment areas the Pure food ordinance from
1960 is not applicable. Cantonment areas follow “The
cantonment pure food act”, from 1966. Operating rules
are very much similar in both laws and no differences
have been found.
In August 2003, Federal cabinet enhanced the punish-
ment for adulterators and they are now supposed to be
imprisoned for up to 25 years. This punishment is sig-
nificantly high as compared to the punishment of the
Pure food ordinance; that applies the imprisonment
from 1 - 5 years and a fine of 5 € to 500 €. Consumer
rights commission of Pakistan (CRCP), disapproves the
decision as they say ‘it is not the stringency or strict-
ness of the punishment but its certainty, which en-
sures compliance. Increase in punishment cannot be a
substituted for an efficient and corruption-free admin-
istration.
The Pakistan hotels and restaurant act, from 1976, is
applied in all hotels and restaurants which regulate the
rates and standard of service(s). Under section 22(2),
the sale of contaminated food or beverages or served
in unclean utensils is an offense. Under this law con-
sumer cannot register a complaint but consumers can
address their complaints to a controller. Federal Gov-
ernment appoint the controller for enforcement of the
act. Although, like many food laws, it does not provide
for compensation to consumers in case of damages.
The Pakistan standards and quality control authority
act, from 1996 is not classified as a “food law”, and it
was issued for the establishment of Pakistan standards
and quality control authority (PSQCA), in order to for-
mulate standards or adopt international standards.
Implementation of various standards including food
items, their specification, quality and characteristics
during use and also for import and export purposes,
38
Journal of Hygienic Engineering and Design
also fall under the jurisdiction of PSQCA act. It can be
said that, this is most comprehensive article in the Con-
stitution related to food and agricultural products.
There is need of high punishments for adulterators and
they should be applied to all the adulterators. In the
European countries, strong fines and punishments are
granted to the food adulterators and it is considered as
a criminal act and the persons involved are treated like
criminal. Unfortunately, due to lack of awareness, still
adulteration is not considered as a criminal act in gen-
eral opinion of public. Various types of adulterations
are very common in street foods, which are still being
ignored by the authorities.
2.4 Role of public in development and maintenance
of legislation
Basically, it is considered that it is responsibility of state
to implement the legislative measures, but the role of
public in this regard is also significant. There is direct
relation between public interference and effective im-
plementation according to studies. Greater the public
interest and monitoring through lobbying, greater the
enforcement of laws. However, this issue has gained lit-
tle attention of citizens which is main reason of lowest
effectiveness of food laws by the government author-
ities. There are some points through which we can im-
prove the public interests in food laws hence enhanc-
ing the effective implementation of food laws.
The local authority is responsible for the enforcement
of Pure food ordinance, 1960 which is appointed by
the government notification in official gazette. This au-
thority may include the council, municipal corporation
or municipal committee or, a town committee. For the
effective enforcement of food laws, concerned citizens
can group together and build a pressure on local au-
thority to improve the performance as public pressure
plays important role in effectiveness of law implemen-
tation.
Under the act of Pakistan Pure food ordinance and
Cantonment Pure food act, it is right of consumers to
complain about the poor quality of food being sold
at retail shops. Consumers can file a complaint to the
health inspector or food inspector which is appointed
by the local authority. This type of activity will have a
positive impact on the effectiveness of law implemen-
tation and also keep a check on the marketers involved
in selling of the poor-quality food on the other hand.
Consumer can also complain about false labelling,
misbranding and false warranty. Consumer can also
approach the consumer protection groups regarding
the complaint Consumer rights commission of Paki-
stan (CRCP), which has established a Consumer com-
plaint and redress forum (CCRF) that handles the com-
plaints of consumer. In the Pakistan restaurants act, Pa-
kistan penal code, and Pakistan standards and quality
Journal of Hygienic Engineering and Design
c­ ontrol authority act, there are no express provisions
for consumer complaints. However, these laws don’t
intercept citizens from registering complaints with the
concerned government authorities. Handling of com-
plaints the consideration is a matter of discretion of the
responsible officials.
Overall public monitoring can have amazing effects
on the effectiveness of food laws implementation; this
monitoring can be done by different ways i.e. writing
an application to the food inspector asking him to
analyse the suspected hazardous sample. Food inspec-
tor will submit the sample to the concerned laboratory.
If the sample found to be hazardous the amount paid
by the applicant will be funded back. Moreover, if a
person finds someone involved in selling food harm-
ful to human health, he has right to file a complaint
against that person as production, processing and
storage of harmful food is an offence by law. The per-
son working in restaurants, hotels and any public eat-
ing place should have medical screening certificate by
medical officer and that certificate can be demanded
by the consumer at any-time to ensure that the person
dealing with food is free from disease, in case of ab-
sence of this certificate consumer have right to lodge a
complaint against that person.
Under the Freedom of information ordinance 2002,
citizens have right to ask for the information to get
awareness on the public issues. Sharing of information
plays an important role in the awareness and capacity
of government. Various governmental departments
produce very helpful information for the safety of con-
sumer, but unfortunately this information is not shared
by the public and hence the information is made use-
less. A laboratory analysis of bottled water brands
was done by Pakistan council for research in water re-
sources (PCRWR) and National institute of health (NIH)
and they found many brands unfit for public health
but the results were not made public. Similarly, Paki-
stan standards and quality control authority (PSQCA)
done laboratory tests for Banaspati ghee and edible oil
in Karachi, but the name of brands that was unfit for
consumption were not revealed. However, consumer
groups and civil societies can request the concerned
authority to make this information public. In short,
public interference and awareness can have direct im-
pact on the government efforts to implement the food
safety laws.
2.5 Provincial food authorities in Pakistan
Provincial food authorities have been set up in Pa-
kistan to manage the safety and traceability of pro-
cessed foods. These authorities are working good as
compared to the food and agriculture department of
Pakistan. First food authority was established in Pun-
jab, mainly be the efforts of Pakistan society of food
scientists and technologist. Recently, food authorities
have been established in provinces of Sindh and KPK,
but they are newly borne and not much active. Com-
parably, Punjab food authority is much active and it
has been established almost all the districts of Punjab.
Punjab food authority was established in 2011 in La-
hore as food safety and quality control and regulating
agency in result of an act named as Punjab food au-
thority act, and formulated some recent legislative de-
velopments in the Province of Punjab. Punjab Food Au-
thority was built up in 2011 in Lahore as nourishment
wellbeing and quality control and directing organi-
zation in aftereffect of an act named as Punjab food
authority, act from 2011. This act was revised in 2015
through the Punjab food authority (amendment) ordi-
nance, in 2015. This is an extraordinary change activity
which is taken by the Punjab Government. This change
made the law more thorough and complete, and in
this law the quantum of discipline has been expand-
ed keeping in mind the end goal to secure the nature
of nourishment in the area of the Punjab. Additionally,
uncommon courts have been set up, and turn out to
be more viable under this alteration mandate and give
speedy equity. This change mandate additionally gives
serious disciplines to those producers and merchants
who are assembling or offering sustenance illegal,
substandard or misbranded nourishment, fabricating
sustenance in unhygienic and unsanitary conditions,
business without permit, false promotion and false
naming.
3. Conclusions
- In the perspectives of Pakistan there is no article
related to processing and preservation of food and
agro-food products. There is no framework in Pakistan
according to food regulations, though in the Constitu-
tion of 1973, articles 8 to 18 deals with fundamental
rights, but any direct article of fundamental rights does
not deal with rights to food. Moreover, in the opinion
of authors, this right may be treated in the umbrella of
article nine (9) that relates with rights to life and lib-
erty according to the various cases, law interpretation
of diverse jurisdictions. The word life includes health,
good environment, quality food and it is mandatory
responsibility of the state to provide basic necessities
including safe food to citizens.
- It is worthwhile to note that the right to quality of
food is recognized as a basic or fundamental human
right. The rights to adequate food have also been
recognized in different international jurisdiction doc-
uments notably. While article 38 (d) provides basic
necessities of life such as: food, clothing, accommo-
dation, education and medical relief for all the citizens
irrespective of sex, caste, race, as are permanently or
temporarily unable to earn their livelihood an account
39

of infirmity, s­ickness or unemployment. Provision of
safe food should be added as basic human right in the
Constitution of Pakistan.
- Major issue in Pakistan is food adulteration, at the
street levels and local vendors. There should be any
code of conduct, for proper check and balance of local
vendors. Loose milk and meat should be banned and
every vendor should have a certification prior to open
his/her market. This certification should be based on a
diploma, during which basic food safety and hygiene
principles should be taught.
- Formation of provincial food authorities in Pakistan
is worthwhile, but there is a need of collaboration of
these authorities with the food and agriculture based
Constitutional laws. Though, these authorities are
working well in their areas, but there is need of a prop-
er educational work-frame, proper guidelines espe-
cially for road side food corners, prior to charge them
fines. Moreover, there is need of a coalition of existing
food laws in Constitution with the act of Punjab Food
Authority.
4. References
[1] The Express Tribune. (2014). Drought in Tharparkar:
Death toll reaches 121 in three months.
<URL: https://tribune.com.pk/story/679913/drought-in
-tharparkar-death-toll-reaches-121-in-three-months/.
Accessed 16 July 2017.
[2] Abid H., Ali J., Hussain A. (2010). Microbial assessment of
un-bottled synthetic juices sold in Peshawar. Pak. J. Med.
Res, 49, pp. 5-9.
[3] NIPS, Macro International Inc. (2008). Pakistan Demo-
graphic and Health Survey 2006 - 2007. Accessed 16 July
2017.
<URL: https://microdata.worldbank.org/index.php/cat-
alog/1468#:~:text=The%202006%2D07%20Pakistan%
20Demographic,first%20one%20in%201990%2D1991.
[4] Federal Bureau of Statistics. (2009). Pakistan Demo-
graphic Survey - 2007 [Internet].
<URL: http://www.statpak .gov.pk/depts/fbs/statistics/
pds2007/pds2007.html. Accessed 17 July 2017.
[5] Shinawar W. A., Sohaib A. (2014). Aflatoxins in Pakistani
Foods: A Serious Threat to Food Safety. Journal of Hygien-
ic Engineering and Design, 9, pp. 20-25.
[6] WHO. (2002). WHO global strategy for food safety: Safer
food for better health. World Health Organization Gene-
va, Switzerland, pp. 27.
[7] UNICEF. (2010). Unite for children: Pakistan, Statistics.
<URL: http://www.unicef.org /info by country/paki-
stan_pakistan_statistics.html. Accessed 17 July 2017.
[8] Dawn. (2009). Melamine, detergents in packaged milk,
court told.
<URL: https://www.dawn.com/news/852040/melamine-
detergents-in-packed-milk-court-told. Accessed on 18
July 2017.
40
View publication stats
Journal of Hygienic Engineering and Design
[9] Akhtar S., Riaz M., Naeem I., Gong Y. Y., Ismail A., Hus-
sain M., Akram K. (2020). Risk assessment of aflatoxins
and selected heavy metals through intake of branded and
non-branded spices collected from the markets of Multan
city of Pakistan. Food Control, 112, pp. 107-132.
[10] Siddiqui M. S., Nadeem S. F. (2007). Epidemiological in-
vestigation of an outbreak of food poisoning traced to yo-
gurt among personnel o f a Military training center. Pak.
Armed Forces Med. J., 57, pp. 194-200.
[11] Nisar A. (20170. Isolation and characterization of Salmo-
nella from raw, cooked and ready to eat meat products.
M.Sc. Hons. thesis, Dept. Institute of Agri. Science, Univ.
of Punjab, Lahore, Pakistan.
[12] Bukhari Q. (2017). Isolation and characterization of Esch-
erichia coli from raw, cooked and ready to eat meat prod-
ucts. M.Sc. Hons. thesis, Dept. Institute of Agri. Science,
Univ. of Punjab, Lahore, Pakistan.
[13] Akhtar S. (2015). Food safety challenges - A Pakistan’s
perspective. Critical reviews in food science and nutri-
tion, 55, (2), pp. 219-226.
[14] India Ministry of Law and Justice. (2006). Food Safety
and Standards Act, No. 34.
<URL: https://fssai.gov.in/cms/food-safety-and-standards-
act-2006.php. Accessed 18 July 2017.
[15] Kiani K. (2010). More than half of bottled water brands in
Pakistan are unsafe. Dawn.
<URL: http://www.dawn.com / ps/wcm /connect/daw
n-content-library/. Accessed 18 July 2017.
[16] Muhammad Hanif M. H. (2010). The Pakistan Ho-
tels and Restaurants Act, 1976, Act No. LXXXI.
Journal of the Dow University of Health Sciences Kara-
chi, Vol. 4, (3), PP. 119-122.
[17] PSQCA (2010). A comprehensive report about quality
control standards in Pakistan. Pakistan standards and
quality control authority.
<URL: http://www .psqca.com .pk/sdc/ adoption%20
of% 20 standards.htm. Accessed 18 July 2017.
[18] Anwar M. S., Chaudhry N., Tayyab M. (2004). Qualitative
assessment of bacteriological quality andchlorination
status of drinking water in Lahore. J. Coll. Physicians Surg.
Pak., 14, pp. 157-160.
[19] Anwar M., Chaudhry N., Tayyab M. (1999. Bacteriological
quality of drinking water in Punjab: Evaluation of H2S strip
test. J. Pak. Med. Assoc., 49, pp. 237-241.
[20] Hassan S. S., Bashir S., Khokhar I., Tehseen M. (2006).
Quality assessment of synthetic food dyes in candies and
chewing gums. Pak. J. Med. Res., 45, pp. 96-100.