FMPAC warns Punjab Fertilizer Act enforcement may hurt compliant firms

ISLAMABAD: Fertilizer Manufacturers of Pakistan Advisory Council (FMPAC) has raised serious concerns over the enforcement approach under the Punjab Fertilizer Control Act, 2025, cautioning that the current guidelines may expose compliant manufacturers to undue legal and reputational risks while failing to effectively target actual offenders.

In a letter addressed to the Prosecutor General Punjab, Executive Director FMPAC Brig, Sher Shah Malik( retired) stated that the operational guidelines issued on March 16, 2026, could lead to “misplaced liability” due to their heavy reliance on label-based attribution of responsibility.

According to FMPAC, under the existing framework, any substandard or non-conforming fertilizer sample may trigger enforcement action against the manufacturer whose brand appears on the product, even before forensic verification of authenticity.

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The Council argued that such an approach shifts the burden of proof onto legitimate manufacturers, particularly in cases involving counterfeit products or unauthorized use of trademarks.

“This departs from established prosecutorial principles, where liability must be based on demonstrable control over production and supply,” the letter noted.

The Council also expressed concern over provisions allowing immediate coercive actions, including registration of FIRs and sealing of facilities, prior to establishing supply-chain traceability. It warned that such measures could result in significant commercial disruption and reputational damage to compliant businesses, while also weakening prosecution if evidentiary standards are not met.

FMPAC further pointed out that the tracing of dealers and distributors appears to be treated as a secondary step in the enforcement process. In practice, this could shift focus toward easily identifiable formal sector entities instead of uncovering informal and illicit networks responsible for counterfeit or adulterated fertilizers.

The letter also highlighted that holding officials accountable for failure to trace actual manufacturers may encourage “expedient rather than evidence-based” attribution of responsibility. “In its current configuration, the framework risks becoming procedurally stringent but substantively misaligned,” the Council said, adding that it may place disproportionate pressure on documented industry players while allowing sophisticated counterfeit operations to evade detection.

The Council emphasized that enforcement actions such as FIR registration and sealing of facilities should be undertaken strictly on the basis of credible and traceable evidence.

FMPAC also urged the authorities to defer implementation of the guidelines until the Punjab Fertilizer Rules are formally promulgated, noting that the Rules are still in draft form.

While reiterating its support for strict action against counterfeit and substandard fertilizers, the Council stressed the need for a balanced approach.

“Given the strategic importance of the fertilizer sector for food security and economic stability, enforcement must remain both firm against illegality and fair toward compliant stakeholders,” the letter concluded.

Copyright Business Recorder, 2026