Pakistan Fish Inspection and Quality Control Act (No. XXXV of 1997)

export 1992. ACT No. XXXV OF J 997 An Act to reKulare quality an,/ promote of jisli <utd f1.1/lery products from Pakistan WHEREAS it is expedient to regulate quality and promote· export of fish. and fishery products and to prevent export of substandard quality of fish and fishery products and for matters connected therewl!h and ancillary then.:IO ; lt is hereby enacted as follows : 1. Short title, extent and commencement.--( I) This Act may be called the Pakistan Fish, Inspection and Quality Control Act. I 997. (2) It extends to the whole of Pakistan. (3) It shall come into force at once. 2. Dcfinitions.-In this Act, unless there is anything n:pugna11t III tlu.: subject or contex.t (a) .. certificate of.quality and origin" means a certificate issued by the Director General or an officer authorized by him certifying that the 1706 THE GAZETTE OF PAK(STAN, EXTRA., DEC. 6, 1997 [PART.I fish is wholesome and fit for human consumption or for any other purpose specified therein ; (h) "Director General" means Director General. Marine Fisheries Department ; {c) "export" means export ot t1sh and fishery products from Pakistan by any means to any place outside Pakistan ; (d) "fish" menns nil aquatic animals of inland, marine and brackish water origin, alive or dead, and inciudes prawns, shrimps, lobsters, crabs, oysters, clams, scallops. turtles, in salted, unsalted, semi dried, dried, frozen, preserved, cured, or canned form and any other 1quatic animal or animal product which the Director General, ~arine Fisheries Department, may by an order declare to be fish for the purposes of this Act ; (e) "fish exporter" means a person erigaged in carrying on the business of e;tport of fish and fishery products and registered with the registration authority ; (f) "fish inspection" mcnns inspection of fish and fishery products by a Fishery Officer for thb purpose of nssessing the quality of the fish by inspecting sanitary and hygienic conditions and the physical, chemical and bacteriological examination of fish and fishery products; (g) "fish processing" means cleaning, filleting, icing, packing, canning, freezing, pickling, cooking, drying, semi-drying, salting, chilling, smoking, extraction of oil, conversion into fish-rnenl or preparing fish in any other manner for marketing ; (h) "Fishery Officer'' means an Officer duly authorized by the Federal Govemment to exercise the' powers and perf 01m the functions for carrying out the provisions of this Act ; (i) "fishery product" means anymmg onginaung, produced or made, whether in whole 01" in pnrt from a fish ; (j) "Inspection Committee" means .a committee constituted under section 5; (k) "prescribed" means prescribed by rules made under this Act ; co (I) "processing plunt" means an establishment, place or premises where fishes arc processed ; (m) "quality" in respect of fish means a fish or fishery product con forming to the established standards prescribed under this Act ; (n) "quality control" means quality assurance of fish and fishery products confonning to standards prescribed under this Act or the rules made thereunder: (o) "registration" means registration of a fish processing plant under this Act and "registered" shall be construed accordingly : (p) "registration authority" means a Fishery Officer authorized by the Director General, by an order in writing, to register fish processing plants under this Act or the rules made thereunder ; (q) "rules" means rules made under this Act ; and (r) "unwholesome" means fish or fishery products that have. an.off en• sive or obiectionable odour. flavour, colour. texture or substance associlltcd with spoilage. 3. Reglstrntion of fish processing plants, etc.-{ I) No fish proces sing plant shall process fish and fish products unless it is registered with the registration authority. (2) The registration aut110rity may. on receipt of an appllcution from a fish processing plant, on payment of such fees and conditions as may be prescrih:::d, issue a certificate of rel!istration. 4. Registration or fish exporters.-( I) No person shall export fish or fishery products unless he is registered with the registration authority. (2) The registration authority may, on receipt of an applicntion from a foh processing plant, on payment of such fees and conditions as may be prescribed, issue a certificate of registrauon. 5. Constitution and functions or Inspection Committee.-()) The Fctlurul Government sl'tall constitute an Inspection Committee nsisting of one representative each of the· Export Promotion Bureau, the Marine Fisheries Department and a broad based trade association of fish processing plants. (2) The functions of the Commillcc shall be (a) to conduct n survey. or survcys, of fish processing plants with a view to determining their fitness for registration ; (b) to hear appeals against orders. decisions, action or omissions of Fishery Officers ; (c) to make recommendations to the Federal Government for the efficient functioning of the industry, the removal of malpractices thcre~n and the enhancement of exports and :d) to Utscharge such other functions a$ may be conferred on it untlcr the rule~. 6. Inspection of fish processing plnnt.-( l) A Fishery Officer may inspect any fish processing plant to ensure the observance of the provisions of this Act and the rules made thereunder. (2) A Fishery Officer m11y, without any oraer from a Magistrate and without a warrant. arrest any person operating a fish processing plant without a valid registration granted under section 3. 7. li'lsh Export ........ No person shall process and export or market for export or have in his possession for export or deal in, any fish or fish products intended for human consumption whi"l:h are decomposed. unwholesome or contaminated with pathogenic orgar\isms. 8 Handling ol lash nnd fishery products.-No iJerson who is suffer ing from leprosy, tuberculosis. polio or imch other contagious r.liseases as the Government may, by notification in the official Ga:z.cue, specify, shall lmnclle. carry or process fish or work in a fish processing and packing plant or establish ment. 9. QuoJlty evaluation of lish and fishery products.-AII fish and fishery prouucts found to be of sub-st:indard quality s)iaJI be detained by the Fishery Officer and shall be disposed of in such manner as may be prescribed. 10 Powers1 duties and functions of Fishery Officer.-Subject to !hi! provisions.of this Act, <he Fishery Officer shall exercise the following powers : (a) to carry out inspections of plants where fish and fishery products are processed for. export : i (b) to carry out inspection of fish and fishery products for expurt ; (c) to register fish processing plants and exporters carrying on fish export business and issue registration certificates 011 the rcco,mm:11 dation of the Inspection Committee; (d) to issue certificates of quality and origin for fish anJ fisht.;ry pro ducts when the quality is found 10 be satisfactory upon nspectiu11 ; (e) to detain fish and fishery products when found to be unwholesome and unfit for human consumption upon mspecuon and (f) ta carry on any GU1er functions assigned by· the Uirector General which may be necessary for 1he successful regulation or quality and promotion of export of fi:-ih .. nd fishery products I l. Cognizance of offcncc.-No court shall 'take cogniwnce of any offence under this Act, except upon u complaint in writing made by a11 Officer authorii.ed by the Federal Govcrnmcnl 111 this behalf. l 2. Penalties.-( l) Whoever contravenes, or attempts to ct1ntra vcnc, any provision .of this Act or the mies shall, without prejudice to uny otl1er penalty to which he may be liable, be punished (i) on a. first conviction with fine which may extend to fifty thousand rupees: (ii) on a second conviction to a fine which may extend to one hundred thousand rupees ; (iii) on a lflinJ conviction to a fine which may extend to two liundrccJ thousand rupees ; and (iv) for any subsequent conviction with imprisonment tor a tcrrn which may ext~nd to one year or with fine which may extemJ to thn:c hundre<l thousand rupees. (2) No court inferior to that of a Magistrate of the first class shall try an offence punishable under this Act and notwithstanding anything contained in !lie Code of Criminal Procedure, l 898 (Act V of 1898), it shall b<.: lawful for the Magistrate trying an offence under thi:-. Act lo pas::; any sentence authorized by this Act. F (3) Any export of fish or fishery products which is not accompanied by a valid certificate of quality und origin, shall be detained. confr;cati.:d or disposcJ of by the Marine Fisheries Department. in such manner as may be prescribed. (4) Where the person contravening any prov1s1011 ()f thi.~ /\ct or the rules is a company or other body corporate, every director. manager, or other officer or agent thereof involved in the contravention shall be deemed to be guilty of such contravention. (5) Whoever attempts to contravene, or abets the contravention of, any provision of this Act or the nilcs shall be deemed to have cnntravcne the provi sions of this Act or the rules. I J. Power to scarch.-Any ishery Officer may search any fish pro cessing plant or fish consignment intended for export which he has reason to bel icve to be not fresh, decomposed, unwholesome or contaminated.: 11. Seizure and c.W,posa1.--( I) If any Fishery Officer has reason lo believe tlial any fish or fishery product intended for lmman consumption is dcco111posc<l, unwholesome or contaminated with pathogenic organisms, he may seize or detain the same and shall. at the time of seizure or detention, info1m, in writing, the person from whose possession the seizure or detention is made, of the grounds for the said action (2) The seized or delamed protlucls shall be dealt with in accordance with the decision of the court before which the owner of the processing plant or fish C-'portcr is prosecuted. 15. Revision.-( I) Any person aggrieved by an order passed by the Inspection Committee may apply for revision to the Federal Government within thirty ,.Jnys from the date of issue of such order and the decision of the Federal Government thereon shall be final. (2) The Federal Government may, on receipt of an application under sub-section ( 1} above. slay the operation of the order of the Committee till the Jis posal of the application.• I (1. Indcmnily.-No S\lit. prosecution or legal· prncecdings -~hall lie ;1g.1in~t the Federal Government, Marine Fisheries Dcpart1m:11t, a Fishery Officer . ur any other person' for anything in good fai(h <lone or intended In he <lone under this Act or the rnlcs. Act 17. Delegation of powers.-The Federal Government may; by notifi cation in the official Gazette, delegate to the lnspcction Commiuee or the Fishery Officer or any officer or authority, its powers under this 18. Power to make rules.-( l) The Federal Government (Marine Fisheries Department) may, by notification in lhe official Gazette, after consulta tion with the Inspection Commillcc make rules for c.trryins out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules. may provide for all or any of the following mutters namely: (a) the procedure of applying for regi,;tration ; (b) the conditions of registration ; (c) the fee to be charged for registration ; (d) the fee to be charged for a certificate of quality and origin for export of fish and fishery products ; (e) to hear appeals or revisions : (f) the procedure for inspection of fish and fishery products. ; (g) prescribing the samples procedure and the manner in which samples of fish and fishery products are selected for laboratory analysis ; (h) prescribing qua1ity standards for fish and fishery products ; (i) regulation of handling, processing, packaging, storage and market ing of fish and fishery products ; G) detennining disposal procedure for fish and fishery proaucts which do not conform with the prescribed requiremems or are otherwise considered unwholesome or unsuitable for human consumption ; (k) the forms· of registration and certificates of quality and origin ; (I} validation period for registered fish processing plants, fish exporters and the certificates of quality and origin ; and (m) . any other matter which is to be or may be prescribed· in furtherance of the provisions of this Act.