Substandard food items: up to three-year term for makers, sellers, distributors proposed

The Punjab Government is contemplating to render manufacture, sale, storage, distribution or import of any substandard or misbranded food article for human consumption liable of up to three years imprisonment or a fine not exceeding one million rupees or both, under the proposed Punjab Food Safety and Standard Act, 2010.
According to the draft of the proposed ordinance, under which the government wanted to set up 'Punjab Food Authority', any person, who sell any food which is not in compliance with the provisions of this Act or the regulations made there under, shall be punished with imprisonment for a term which may extend to three years or with fine not exceeding one million rupees or with both.
While manufacturing, storage, selling, distribution or imports of any unsafe food, shall be punishable, where such unsafe food does not result in injury, with imprisonment for a term up to two years and also with fine which may extend to two hundred thousand rupees; where such unsafe food results in a simple injury, with imprisonment for a term up to three years and also with up to four hundred thousand rupees; where such unsafe food results in a grave injury, with imprisonment for a term up to six years and also with fine up to one million rupees; where such unsafe food results in death, with imprisonment for a term which may extend to imprisonment for life and also with fine which shall not be less than two million rupees.
The act also proposes punishments for such an advertisement promoting the sale of any food which may deceive a purchaser with regard to the character, nature, value, substance, quality, strength, purity, composition, merit or safety, weight, proportion, origin, age or effects of any food or of any ingredient or constituent thereof, shall be punished with imprisonment for a term which may extend to three years or with fine not exceeding one million rupees or with both.
Any person who published or causes to be published any advertisement which does not contain the true name of the person by whom the advertisement is published and the address of his place of business, commits an offence and is liable to imprisonment for a term not exceeding three years or to fine or both, the proposed act adds.
While preparation, packaging and labelling any food which does not comply with the prescribed standard, will be an offence and will be liable to imprisonment for a term not exceeding three years or to fine not exceeding one million rupees or both.
Any person who labels any food in a manner that is false, misleading or deceptive as regards its character, nature, value, substance, quality, composition, merit or safety, strength, purity, weight, origin, age or proportion commits an offence and is liable to imprisonment for a term not exceeding three years or to fine not exceeding one million rupees or both.
The proposed ordinance also held liable any person who manufactures or processes or keeps any article of food for human consumption under unhygienic or unsanitary conditions, for imprisonment up to three years or with fine not exceeding one million rupees or with both.
The draft also said that if any food business operator who manufacturers, sells, stores or distributes or imports any article of food without the prescribed license, shall be liable to imprisonment for a term which may extend to one year or with a fine not exceeding half million rupees or both.
This draft also proposes that no manufacturer or distributor of, or dealer in, any food specified by the regulations shall sell such food to any vendor unless a written warranty or other written statement is given that the food complies with the provisions of this Act or any regulation made there under. The draft also proposes imprisonment and fine for this offence.
The proposed bill also suggest that if any person, after having been previously convicted of an offence punishable under this Act or Regulations made there under, subsequently is convicted of the same offence, shall be liable to twice the punishment, which might have been imposed on a first conviction, subject to the punishment being maximum provided for the same offence. It also proposes a fine on daily basis or cancellation of license on repetition of the violation.
The proposed act further said if any person manufactures or sells or imports any article of food causing injury or death, to the consumer, the court shall direct him to pay compensation to the victim or the legal heirs of the victim, an amount not less than one million rupees in case of death; not exceeding five hundred thousand rupees in case of injury. It also makes payment of compensation within thirty days of the incident in case of death.
In case of any conviction under this Act or the regulations made there under, the court may order that any food to which the conviction relates, together with all packages or vessel containing the same, equipment, machinery, vehicle etc shall be confiscated to the Food Authority.