Updated: Tuesday February 28, 2017/AthThulatha
Jamada El Thaniah 02, 1438/Mangalavara
Phalguna 09, 1938, at 02:05:28 AM
[1][1]The
(Act LVII of
2016)
[06
December 2016]
An Act to regulate poultry production activities in the
It is necessary to regulate the manufacture, storage,
supply, transport for sale and marketing of feed stuff and compound feed in the
Province of the
Be it enacted by Provincial Assembly of the
1. Short title, extent and commencement.– (1) This Act may be cited as the Punjab Animals Feed Stuff and
Compound Feed Act 2016.
(2) It extends to whole of the
(3) It shall come into force at once.
2. Definitions.– In this Act:---
(a) “Act”
means the Punjab Animals Feed Stuff and Compound Feed Act 2016;
(b) “additive”
means a substance or combination of substances added to the basic feed mix or
parts thereof to obtain a specific biological growth and satisfy certain
production needs;
(c) “adulterated”
in relation to feed stuff and compound feed means any feed stuff or compound
feed which:
(i) does
not conform to the declaration made regarding its nature, substance or quality;
or
(ii) is
manufactured by the use of dye or colouring agent to impart a certain color; or
(iii) does
not conform to the prescribed standards; or
(iv) is spoiled or damaged or is fungus-infested
and is harmful for animals;
(d) “animals”
include any species of livestock and poultry;
(e) “authorized
agent” means any person who deals in feed stuff and compound feed under an
agreement or contract with the manufacturers;
(f) “authorized
officer” means an officer authorized by the Government for purposes of the Act;
(g) “cake”
means the mass resulting from the pressing of seeds after removal of oils, fats
or other liquids;
(h) “Code”
means the Code of Criminal Procedure, 1898 (V of 1898);
(i) “complete feed” means a feed adequate to
fulfill nutritive requirements of animals;
(j) “compound
feed” means any ground, pelleted, crumbled or mixture feed intended for the
feeding of animals and includes:---
(i) complete
feed including a customer formula feed;
(ii) concentrated
mixture to be fed as part of a ration with green forages, dry roughage or
pasture;
(iii) concentrate
containing proteins, minerals or vitamins or a mixture thereof with grains, but
does not include unmixed whole seeds, and whole or ground hay straw, stover,
silage, cobs and hulls when not mixed with other materials;
(iv) the
poultry compound feed as may be prescribed;
(v) livestock compound feed according to growth,
productive and reproductive status, as may be prescribed; and
(vi) feed
for other animals, as may be prescribed;
(k) “concentrate”
means a mixture of nutrients used with another nutrient to improve the
nutritive balance of the feed and to be further diluted and mixed to produce a
supplement or a complete feed for animals;
(l) “crumble”
means coarsely ground form of pelleted feed;
(m) “customer
formula feed” means any type of mixture which may contain more than one feed
stuff;
(n) “drug”
means a substance intended for use in the diagnosis, cure, mitigation,
treatment or prevention of disease in animals;
(o) “Feed
Inspection Officer” means an inspection officer appointed under section 9 of
the Act;
(p) “feed
mill” means an automatic or semi-automatic plant for
manufacturing of compound feed or customer formula feed possessing experimental
facilities to conduct biological trials and a laboratory of the standard to
carry out proximate analysis and mycotoxin estimation of compound feed;
(q) “feed stuff” or “feed ingredient” means any
nutritious substance used in the production and manufacture of compound feed;
(r) “Government” means Government of the
(s) “Inspector” means an
inspector appointed under section 11 of the Act;
(t) “Licencing
Authority” means an officer appointed under section 9 of the Act for grant of
licence;
(u) “meal” means the ingredient which has been
grounded or otherwise reduced in particle size for consumption by animals;
(v) “micro-ingredients”
mean vitamins, amino acids, minerals and other nutritive materials normally
required in small amounts and measured as per national and international
standards;
(w) “misbranded” means misuse of registered
trade name;
(x) “pellet” means ground feed transformed into
small discs of variable size by means of mechanical process;
(y) “prescribed” means prescribed by rules made
under the Act;
(z) “sale” in relation to feed
stuff and compound feed means transfer of ownership, oral or in writing, either
final in lieu of price paid or promised or part paid and part promised or
through barter;
(aa) “silage” means anaerobically preserved fermented
fodder or feed stuff prepared and preserved through a prescribed process with
or without adding inoculum for feeding ruminants; and
(bb) “Tribunal” means Tribunal constituted under
section 38 of the Punjab Livestock Breeding Act 2014 (XIII of 2014).
3. Feed stuff or feed ingredient to be
used in compound feed.– (1) The feed stuff or feed ingredient
to be used for feeding the livestock or the manufacture of compound feed for
poultry and livestock, may include the following:---
(a) roughages:
green
fodder, silage, hay, treated or untreated wheat straw;
(b) macro-ingredients:
(i) cereals
or coarse grains:
maize
or corn, broken rice (toota), nakoo, sorghum or milo, wheat, barley;
(ii) vegetable
protein sources which mean cotton seed meal
or cake (Khal Banola), rapeseed or canola meal or cake, sunflower meal or cake,
soybean meal, sesame cake (til cake) or meal, linseed cake, maize or corn oil
cake, maize or corn gluten feed, maize or corn gluten meal, palm-kernel cake,
rice polishing, rice protein meal, wheat bran, rice bran meal, matri, guar
meal, pulses meal, Naan or roti tukra, confectionaries waste or
byproducts;
(iii) animal
protein sources which means fish meal, blood meal, meat meal, feather meal or
poultry byproduct meal, meat and bone scraps or byproducts; and
(iv) industrial
and agricultural products or by-products which mean molasses, fats and oils,
di-calcium phosphate, limestone, marble powder, natural products, oyster shell,
bone meal, bagasse, straws, stovers, hulls, cobs, fruit, barseem meal;
(c) micro-ingredients:
(i) vitamins:
vitamin
A, vitamin B3, vitamin D3, vitamin E, vitamin K3, thiamine, riboflavin,
pantothenic acid, niacin, pyridoxine, biotin, choline, folacin, vitamin B12;
(ii) mineral
compounds or salts:
calcium, phosphorus, potassium,
sodium, chlorine, copper, iodine, iron, magnesium, manganese, selenium, zinc,
ferrous, cobalt; and
(iii) amino
acids;
(d) feed additives:
(i) coccidiostats,
antioxidants, enzymes, anti-fungal or antitoxin products;
(ii) live
yeast, by-pass fats;
(iii) premixes;
and
(iv) drugs.
(2) The Government may, by notification,
declare any feed stuff to be used in the manufacture of compound feed for
poultry and livestock, other than those mentioned under subsection (1).
(3) The manufacturer shall include any feed
stuff as mentioned in clauses (a), (b), (c) and (d) of subsection (1), in order
to meet the nutritive requirements in the given animal compound feed.
(4) The
use of any feed stuff of porcine origin in compound feed is prohibited.
4. Licence for manufacture.– (1) No
person shall manufacture, store, supply, transport for sale and marketing of
feed stuff and compound feed unless he holds a licence issued under this Act
after fulfillment of such conditions and payment of such fee, as may be prescribed.
(2) The Feed Inspection Officer may refuse
to grant licence to any person if the application for licence has not been made
in the prescribed manner.
(3) No order under subsection (2) shall be
made unless the applicant has been provided a reasonable opportunity of being
heard.
(4) The applicant may appeal against the
order made under subsection (2) to such authority and in such manner as may be
prescribed.
5. Renewal
of licence.– The licence issued under
this Act shall be renewed annually on payment of prescribed fee.
6. Packing and labelling.– No
feed stuff and compound feed other than fresh fodder, shall be sold unless it
is packed, branded and labelled in such manner as may be prescribed.
7. Quality control.– (1)
All feed stuff and compound feed shall conform to the specifications and
standards as prescribed.
(2) The manufacturer of any feed stuff and
compound feed shall ensure that a label containing the following particulars is
displayed on the feed bag or packing:---
(a) the
name under which the article is sold;
(b) complete
address of the manufacturer;
(c) date
of manufacture or packing;
(d) date of
expiry;
(e) nutritive
composition of compound feed or feed stuff including its moisture-content; and
(f) declaration
of Aflatoxin level.
8. Adulteration, storage of
adulterated feed stuff and misbranding.–
No person shall, in contravention of any
provision of this Act or the rules
framed thereunder, directly or indirectly, prepare, manufacture, keep or store
for use or sale, or sell or offer to sell any feed stuff and compound
feed which is adulterated or misbranded.
9. Feed Inspection Officer.– (1) The Government may, by
notification, appoint Feed Inspection Officer or authorize any other officer
for purposes of this Act.
(2) The Feed Inspection Officer appointed or
authorized under subsection (1) shall also be the Licensing Authority.
10. Analytical laboratories.– The Government
may, by notification, approve analytical laboratories in the public sector for
purposes of this Act, for the whole or any part of Province of the
11. Inspectors.– (1) The Government
may appoint Inspectors in respect of all or any feed stuff and compound feed,
and an Inspector so appointed shall have jurisdiction in such area as the
Government may notify.
(2) The Feed Inspection Officer or the
authorized officer may also exercise the powers and perform the functions of an
Inspector under this Act, within the limits of his jurisdiction.
12. Sampling.– (1) An
Inspector shall, for the purpose of analysis, at any time, collect a sample of
feed stuff and compound feed sold, offered for sale, or stored by manufacturer
or kept in feed mill or held by his authorized agent.
(2) No person shall refuse the Inspector
from collecting feed stuff and compound feed for the purpose of subsection (1)
in such quantity and from such packing as he may direct.
(3) If any person contravenes the provisions
of subsection (2), the Inspector may, without prejudice to any penalty to which
such person may be liable for such contravention, seize up to twenty kilogram
of the feed stuff and compound feed and give such person a certificate showing
the nature and quantity of the feed stuff and compound feed seized, the date,
time and place of seizure.
(4) The Inspector shall, prepare in such
form, as may be prescribed, a declaration in triplicate containing full
particulars relating to the sample seized and such declaration shall be signed
or marked by both the Inspector and the person from whose possession, custody
or control the compound feed and feed stuff has been seized, and a copy thereof
shall be given to such person.
(5) When a sample is taken from the stock in
the possession of an authorized agent as required under subsection (3) of
section 13, the authorized agent shall be bound to give the name and such other
particulars of the person on whose behalf such stock is held by him, as the
Inspector may require.
13. General powers of Inspectors.– (1) An Inspector may, without any
prior notice, enter upon any premises used for preparation, manufacture,
packing, storage or sale of feed stuff or compound feed for the purpose of:---
(a) collection
of sample; or
(b) general
inspection and examination of feed stuff and compound feed.
(2) An Inspector, after satisfying himself
of any gross contravention of provisions of this Act, may seal or seize the
premises, or part thereof, for a period not exceeding seventy two hours, for
the purpose of preservation of material evidence or securing case property.
(3) In
order to assess the quality of feed stuff and compound feed, the
Inspector shall take samples of the same batch of feed stuff or compound feed
from the farmer, authorized agent and the feed mill within a period of fifteen
days from the date of purchase.
(4) If any such feed stuff and compound
feed, on analysis, is found to be not of the quality which it purports to be or
if there is any contravention of the provisions of the Act, the manufacturer or
seller shall be dealt with under section 17.
14. Samples analysis.– (1) Any person who has purchased the
feed stuff and compound feed for his animals or feed mill and possesses a
voucher or cash memo thereof, may make an application in writing to get his
feed stuff or compound feed samples analyzed from approved laboratory for
quality check by an Inspector having the jurisdiction.
(2) The cost of analysis of the sample shall
be payable by the person making the application.
(3) The cost of analysis shall be in accordance
with the rates of laboratory approved for different tests by the Government.
(4) The
samples collected by the Inspectors for general inspection and examination of
feed stuff and compound feed shall be analyzed without cost of analysis.
15. Manner of sampling for analysis.– (1) An Inspector shall, after
collecting or seizing any feed stuff or compound feed with the intention of
submitting the same for analysis, divide such feed stuff or compound feed in
four parts.
(2) Each
part shall be marked, sealed and fastened in air tight container in the manner
prescribed so that the nature and character of the content may not change,
mentioning thereon date and time of sampling.
(3) An Inspector shall:---
(a) deliver
two parts to the person from whom the sample is taken;
(b) retain
one part for future comparison; and
(c) submit
one part to the authorized laboratory.
16. Analysis report.– (1) The
authorized laboratory shall, on receiving any sample of feed stuff or compound
feed from an Inspector, analyze the same and deliver or send to the Inspector a
report on the prescribed Form showing the result of such analysis within two
weeks, on payment of such fee as may be prescribed.
(2) A copy of such report may be obtained
from the approved laboratory, by the person from whom the article so analyzed
was collected or the person who has got his feed analyzed, upon making an
application and payment of prescribed fee.
(3) No person shall display copy of report
on any premises or use it for purposes of an advertisement.
17. Confiscation and disposal.– (1) A
Feed Inspection Officer or an authorized officer or Inspector shall, in case of manufacture, storage,
supply, transport for sale and marketing of feed stuff or compound feed without
licence or involvement in the practice of misbranding or adulteration,
confiscate such feed stuff, compound feed and machinery, and dispose it of in
such manner as may be prescribed.
(2) The
court, trying an offence, may direct that any feed stuff or compound feed in
respect of which the court is satisfied that an offence under this Act has been
committed, be forfeited to the Government in accordance with the law, and shall
be disposed of through burial, incineration or such other manner as may be
prescribed.
(3) A
Feed Inspection Officer or an authorized officer or Inspector, for expeditious
disposal of feed stuff or compound feed, shall immediately submit a request to
the court for obtaining appropriate orders.
18. Penalties.– (1) If a person contravenes any provision of
this Act, he shall:---
(a)
on first
conviction, be punished with imprisonment for a term which may extend to six
months but which shall not be less than sixty days and with fine which may
extend to two hundred thousand rupees but which shall not be less than fifty thousand
rupees;
(b)
on second
conviction, be punished with imprisonment for a term which may extend to one
year but which shall not be less than six months and with fine which may extend
to three hundred thousand rupees but which shall not be less than two hundred
thousand rupees; and
(c)
on third or any
subsequent conviction thereafter, be punished with imprisonment for a term
which may extend to two years but which shall not be less than one year and
with fine which may extend to five hundred thousand rupees but which shall not
be less than three hundred thousand rupees.
(2) An attempt to contravene any provision
of the Act or the rules and an abetment of such contravention shall be punished
as an offence under the Act.
19. The Tribunal.– An offence punishable under this Act shall be exclusively triable
by the Tribunal in accordance with the provisions of the Code as if the
Tribunal were a court of sessions.
20. Cognizance of offence.– The Tribunal shall
not take cognizance of an offence punishable under this Act except on the
complaint filed by
the Feed Inspection Officer or Inspector or any other officer authorized in
this behalf.
21. Appeal.– Any person aggrieved by
a final order of the Tribunal may, within thirty days of the passing of the
order, prefer an appeal to Lahore High Court.
22. Indemnity.– No suit,
prosecution or other legal proceeding shall lie against Feed Inspection
Officer, Inspector or authorized officer for any action taken in good faith
under this Act.
23. Act to
have overriding effect.– The provisions of this
Act shall have effect notwithstanding anything to the contrary contained in any
other law.
24. Delegation of powers.– The Government may delegate all or any
of its powers under this Act to the Feed Inspection Officer or any other
officer authorized by it.
25. Power to make rules.– The Government may, by notification,
make rules for carrying out purposes of this Act.
26. Jurisdiction
barred.– Save as provided under
this Act, no order made or proceeding taken under the Act or the rule made
thereunder, shall be called in question in any civil court and no injunction
shall be granted by any court in respect to any decision or proceedings taken
in pursuance of any power conferred by or under the Act or rules made
thereunder.
27. Repeal
and savings.– (1) The Punjab Animals
Compound Feed and Feed Stuff Ordinance, 2002 (LXVIII of 2002), is hereby
repealed.
(2) Notwithstanding the repeal, all acts
done or intended to have been done under the said Ordinance shall be deemed to
have been done or intended to have been done under this Act.
[1][1]This Act was passed by the
Punjab Assembly on 01 December 2016; assented to by the Governor of the
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