Food and Drugs (Amendment) Act ( No. 523)

Food and Drugs (Amendment) Act, 1996 Act 523 ARRANGEMENT OF SECTIONS Section I. Section 3 of P.N.D.C.L. 305B amended 2. Section 4 of P.N.D.C.L. 305B amended 3. Section 6 of P.N.D.C.L. 305B amended 4. Section 6A inset1ed in P.N.D.C.L. 305B 5. Section 7 of P.N.D.C.L.305B amended 6. Section 9 of P.N.D.C.L. 305B amended 7. Section 26 of P.N.D.C.L. 305B amended 8. Section 29 of P.N.D.C.L. 305B amended 9. Section 31 of P.N.D.C.L. 305B amended 10. Section 32 of P.N.D.C.L. 305B amended 11. Section 33 of P.N.D.C.L. 305B amended 12. Section 34 of P.N.D.C.L. 305B amended 13. Section 42 of P.N.D.C.L. 305B amended 14. Section 44 of P.N.D.C.L. 305B amended 15. Section 50 of P.N.D.C.L. 305B amended 16. Section 51 of P.N.D.C.L. 305B amended Act523 Section 3 of P N.DC.L. 3058 amended. Scc1ion 4 of P.N.D C.L. 3058 mnendcd. Section 6 or P.N.D.C.L. 305B amended. THE FIVE HUNDRED AND TWENTY-THIRD ACT OF THE PARLIAMENT OF THE REPUBLIC OF GHANA l~NTITLED FOOD AND DRUGS (AMENDMENT) ACT, 1996 AN ACT to amend the Food and Drugs Law, 1992 (P.N.D.C.L. 305B) to provide for the fortification of salt to alleviate nutritional defi ciencies, to bring the provisions of the Law in conformity with the Constitution and to provide for connected purposes. DATE OF ASSENT 30th December, 1996 BE IT ENACTED by Parliament as follows 1. The Food and Drugs Law, 1992 (P.N.D.C.L. 305B) referred to in this Act as the "principal enactment" is amended by the repeal of sec tion 3 and the insertion of the following "Deception ol COllSUlllCJ'S. 3. A person who manufactures, labels, packages, sells or advertises any food in a manner that is false, misleading or deceptive as regards its character, na ture, value, additives, substance, quality, composi tion, merit or safety commits an offence." 2. The principal enactment is amended in se1.:tio11 4 by the insertion after the word "who'' of the word "manufactures". 3. The principal enactment is amended in section 6 by the deletion of the words "licensed under the Manufacturing Industries Act, 1971 (Act 356)". 2 Food and Drugs (Amendment) Act, 1996 Act523 4. The principal enactment is amended by the insertion after section Section 6A inserted in 6 of the following new section 6A- P.N.D.C.L. 6A. (1) No person shall "Mandatory (a) mine salt for human or animal con fortification of sail. sumption; or (h) import, manufacture, package, label, advertise, store, deliver, distribute, trade, sell or export any salt that is not fortified with potassium iodate in accord ance with this Act. (2) Salt is fortified where it has additives such as potassium iodate, protein, essential amino acids, vitamins, minerals, essential fatty acids or other nutri tional substance added to it to enhance its nutritional value. (3) The Ghana Standards Board shall determine and publish in the Gazette and newspapers nationwide the standard for the fortification of salt under this Act. ( 4) No person shal I label, package, sell or advertise salt in a manner that is likely to be mistaken fi.1r salt of the prescribed standard. (5) This section shall not apply to salt for in dustrial or iodation purposes. (6) Salt for industrial purposes shall be labelled clearly to that effect and stored and displayed separately from salt intended for human or animal consumption." 305B. 5. The principal enactment is amended by the renumbering of Section 7 of section 7 as 7 ( 1) and the insertion of the following new subsection- ;0~tc.L. amended. "(2) Food shall be stored and conveyed in such a manner as to preserve its composition, quality and purity and to minimise the dissipation of its nutritive properties from climatic and other deteriorating condi tions." Act523 Section 9 or PNDCL 305B amended. Section 26 of P.N.D.C.L 3058 amended. Section 29 of PN.DC. L. 305B amended. Section 31 of P.ND.C. L. 305B amended. Section 32 of P.N.D.C.L. 3058 amended. Section 33 of P.N[}C.L. 305B amended. Section 34 of P.N.D.C. L 30513 mnended. Food and Drugs (Amendment) Ac:,t, 1996 6. The principal enactment is amended in section 9( 1) by the dele tion of"¢500,000.00" and the insertion of"¢5 million'' and the deletion of"¢5,000" and the insertion of"not exceeding ¢500,000". 7. The principal enactment is amended in section 26 by the deletion of"¢500,000.00" and insertion of"¢5 million". 8. The principal enactment is amended in section 29 as follows ( a) in section 29 ( I )(a) by the deletion of the words "appointed by the Council"; (b) in section 29 ( I )(j) by the deletion of the word "Council" and the insertion of the word "Agency"; (c) in section 29 ( 1 )(n) by the deletion of the words "appointed by the Council"; (d) by the insertion after section 29 (I) of the following new subsection "( 1 A) The members of the Board shall be appointed by the President in consultation with the Council of State." 9. The principal enactment is amended in section 31 by the insertion after the word "may" of the words "in consultation with the Minister for Finance". 10. The principal enactment is amended in section 32 (I) by the deletion of the word "Secretary" and the insertion of the words "Presi dent in accordance with article I 95 (1) or (2) of the Constitution". 11. The principal enactment is amended in section 32 (2) by the deletion of the word "Secretary" and the insertion of the words "Presi dent in accordance with article 195 (1) or (2) of the Constitution''. 12. The principal enactment is amended by the repeal of section 34 and the insertion of the following "Othcr staff 34. (I) The Board shall have such other officers and of the Board . employees as may be necessary for the proper and effective performance of its functions. (2) The staff of the Board shall perform such functions as the Chief Executive may assign to them. 4 Food and Drugs (Amendment) Act, 1996 (3) The President shall in accordance with the advice of the Board given in consultation with the Pub lic Services Commission and on such terms and condi tions as he may determine appoint the staff and em ployees of the Board. ( 4) The President may in accordance with article 195 (2) of the Constitution delegate the power of appointment of public officers under this ;\ct." Act 523 13. The principal enactment is amended in section 42 as follows- Section 42 nf PN.D.C. ( a) by re-numbering the section as subsection ( 1) L. 305B amended. (h) in paragraph (a) by the deletion of"¢ l 00,000" and the insertion of"¢ I million''; (c) i11 paragraph (b) by the delctio11 of "¢500,000" and the insertion of"¢5 million"; (d) by the insertion after subsection (I) of the following new subsection "(2) A person holding a mining lease for salt shall have the mining lease suspended ifhe is convicted twice under this Act." 14. The principal enactment is amended in section 44 by the inser- Section 44 tion in between the words "human consumption" wherever those words ur PND.C. L. appear in the section of the words ·'or animal''. l051l ,irnrndcd. 15. The principal enactment is amended by the repeal of section 50. Section 50 or 16. I' N Il r ·.1.. HJ5B amended. Section 5 I ur l'.N DC L. 30:iB The principal enactment is amended in see;tion 51 as follows (a) by the deletion of the definition of"food" and the inser tion of the following amended. "food" includes salt and any article manufactured, sold or represented for use as food or drink for human or animal consumption, chewing gum, water and any ingredient of the food, drink, chew ing gum or water". 5 Act523 Transitional provision. Food and Drugs (Amendment) Act, 1996 (b) by the insertion after the definition of"health inspector" of the following "industrial purposes" means use otherwise than for human or animal consumption"; (c) by the insertion after the definition of "label", of the following ''manufacture" with respect to food means the making or composition of a product, including its production, preparation, processing or preserva tion in combination with other components, substance, ingredients or products"; (d) by the deletion of "Secretary" means the P.N.D.C. Secretary responsible for Health" and the insertion of the following "Secretary" means Minister responsible for Health". 17. This Act shall come into force six months from the date of its publication in the Gazette. Date of Gazette notification: 31st December, 1996 GOVL:RNMFNT PRINTFR, ASSEMBLY PRESS. /\CCR/\. GPC/A594/300/10/96