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THE
(Pb. Ord LXVIII of 2002)
C O N T E N T S
Sections
1. Short title and commencement.
2. Definitions.
3. Feed stuffs or feed ingredients to
be used in compound feed.
4. Licence for manufacture.
5. Renewal of licence.
6. Packing, labelling, etc..
7. Quality control.
8. Prohibition against adulterations
and misbranding.
9. Appointment of Feed Inspection
Officer.
10. Approval of analytical laboratories.
11. Appointment of Inspectors.
12. Sampling.
13. General powers of Inspectors.
14. Right of private persons to have
sample analyzed.
15. Manner of sampling for analysis.
16. Analysis report.
17. Confiscation and disposal.
18. Penalties.
19. Cognizance of offences.
20. Indemnity.
21. Delegation of powers.
22. Power to make rules.
23. Repeal and savings.
[1]THE
(Pb Ord LXVIII of 2002)
[
An Ordinance to regulate the manufacture and
marketing of animals compound feed and feed stuff in the Province of the
Preamble.– Whereas it is expedient to regulate the
manufacture and marketing of animals compound feed and feed stuff in the
province of the
And whereas the Provincial Assembly of the
And whereas under Article 4 of the Provisional Constitution
(Amendment) Order No.9 of 1999, as amended by the Chief Executive Order No.11 of
2000, the Governor of a Province may issue and promulgate an Ordinance;
Now, therefore, in exercise of the aforesaid powers and all other
powers enabling him in that behalf, the Governor of the Punjab is pleased to
make
and promulgate the following Ordinance:-
1. Short title, extent and commencement.– (1) This Ordinance may be called the Punjab Animals
Compound Feed and Feed Stuff Ordinance, 2002.
(2) It
extends to the whole of the
(3) It
shall come into force at once.
2. Definitions.– In this Ordinance, unless the subject or context
otherwise requires, the following expressions shall have the meanings hereby
respectively
assigned to them, that is to say–
(a) “additive”
means a substance or combination of substances added to the basic feed mix or
parts thereof to fulfil a specific biological
growth and production needs;
(b) “adulterated”
in relation to compound feed and feed stuff means any compound feed stuff–
(i) which
does not conform to the declaration made by the manufacturer as to nature,
substance or quality which it purports or is represented
to; or
(ii) which otherwise does not conform to the prescribed standards;
(c) “animals” include any species of livestock and poultry;
(d) “authorized
agent” means any person who deals in compound feed and feed stuff under an
agreement or contract with the manufacturers;
(e) “authorized
officer” means an officer authorized by Government for the purposes of this
Ordinance;
(f) “cake”
means the mass resulting from the pressing of seeds, etc. after removal of
oils, fats or other liquids;
(g) “complete
feed” means a feed adequate to fulfil nutritive requirements of animals;
(h) “compound
feed” means any ground, pelleted, crumbled or mixture feed intended for the
feeding of animals and includes–
(i) a complete feed, including a customer formula feed;
(ii) a concentrated mixture to be fed as part of a ration with green
forages, dry roughage or pasture;
(iii) a concentrate containing proteins, minerals, and/ or vitamins, to
be mixed with grains; but does not include–
(1) unmixed whole seeds; and
(2) whole or ground hay straw, stover, silage, cobs and hulls when not
mixed with other materials;
(iv) (1) the
poultry compound feed as prescribed;
(2) livestock compound feed according to growth,
reproductive and productive status as prescribed; and
(v) feed of other animals, as may be prescribed.
(i) “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;
(j) “crumble” means coarsely ground form of
pelleted feed;
(k) “customer formula feed” means any type of
mixture which may contain more than one feed stuff;
(l) “drug” means a substance intended for use in
the diagnosis, cure, mitigation, treatment or prevention of disease in animals;
(m) “feed stuff” or “feed ingredient” means any
nutritious substance used in the production and manufacture of compound feed;
(n) “feed mill” means an automatic or semi
automatic plant for manufacturing of compound feed or customer formula feed and
possessing
experimental facilities to conduct biological trials and a
laboratory of the standard to carry out proximate analysis and mycotoxin
estimation of compound feed;
(o) “Feed Inspection Officer” means an inspection
officer appointed under this Ordinance;
(p) “Government” means the Government of the
(q) “Inspector” means an inspector appointed under
this Ordinance;
(r) “Licencing Authority” means the officer
appointed under this Ordinance for grant of licence;
(s) “meal” means ingredient which has been ground
or otherwise reduced in particle size for consumption by animals;
(t) “micro-ingredients” mean vitamins, amino
acids, minerals and other nutritive materials normally required in small
amounts and measured
as per national and international standards;
(u) “misbranded” means misuse of registered trade
name;
(v) “pellet” means ground feed transformed into
small discs by means of mechanical process in variable sizes;
(w) “prescribed” means prescribed by rules made
under this Ordinance; and
(x) “sale” in relation to compound feed and feed
stuff means transfer of ownership, in writing, either final, barter or in a
change for
a price paid or promised or part paid and part promised.
3. Feed stuffs or feed ingredients to be used in
compound feed.– (1) The feed stuffs or feed
ingredients to be used in the manufacture of compound feed for poultry and
livestock may include the following:-
(a) macro-ingredients–
(i) cereals or coarse grains:
maize or corn, rice
(broken), nakoo, sorghum or milo, wheat, barley etc.;
(ii) vegetable protein sources:
cotton seed, meal or cake,
rape seed, canola meal or cake, sunflower meal or cake, soyabean meal, sesame
cake(til cake) or meal, linseed
cake, maize or corn oil cake, maize or corn
gluten feed, maize or corn gluten meal, rice polishing, rice protein meal, wheat bran, rice bran meal, matri, guar meal,
pulses meal etc.;
(iii) animal protein sources :
fish meal, blood meal, meat
meal, feather meal or poultry by product meal, meat and bone scraps, etc.; and
(iv) industrial and agricultural products or by-products:
molasses, fats and oils,
di-calcium phosphate, limestone, marble powder, natural products, oyster shell,
bone meal, beggasse, straws,
stovers, hulls, cobs, fruit, barseem meal etc.;
(b) micro-ingredients–
(i) vitamins:
vitamin A, vitamin D3,
vitamin E, vitamin K3, thiamine, riboflavin, pantothenic acid, niacine,
pyridoxine, biotin, choline, folacin,
vitamin B12, etc.;
(ii) mineral compounds or salts:
calcium, phosphorus,
potassium, sodium, chlorine, copper, iodine, iron, magnesium, manganese,
selenium, zinc, ferrous, cobalt etc.;
and
(iii) amino acids.
(c) feed additives–
(i) coccidiostats, antioxidants, enzymes, anti-fungal or antitoxin
products, etc.;
(ii) premixes; and
(iii) drugs.
(2) Government may, by notification, declare any
feed stuff, to be used in manufacture of compound feed for poultry and
livestock, other
than those mentioned under clause (a) of sub section (1).
(3) The manufacturer shall include any feed stuff
as mentioned in clauses (a) (b) and (c) of sub section (1), in order to meet
the nutritive
requirements in the given animal compound feed.
4. Licence for manufacture.– (1) No person shall manufacture compound feed and feed
stuff unless he holds a licence issued under this Ordinance and fulfils such
conditions
and pays 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 manner
prescribed.
(3) No order under sub-section (2) shall be made
unless the applicant has had a reasonable opportunity of being heard.
(4) The applicant may appeal against the order
made under sub-section (2) to such authority and in such manner as may be
prescribed.
5. Renewal of
licence.– The licence issued under
this Ordinance shall be renewed annually on payment of prescribed fee.
6. Packing, labelling, etc.– No compound feed and feed stuff shall be sold unless
it is packed, branded and labelled in such manner as may be prescribed.
7. Quality control.– (1) All compound feeds and feed stuffs shall conform to
the specifications and standards as prescribed.
(2) The manufacturers of any compound feed shall
ensure that a label containing the following particulars is displayed on the
feed bag
or packing used–
(a) the
name under which the article is sold;
(b) date
of manufacture; and
(c) nutritive
composition of compound feed.
8. Prohibition against adulterations
and misbranding.– No
person shall, in contravention of any provision of this Ordinance or the rules
framed thereunder, directly or indirectly, prepare,
manufacture, keep or store
for sale, or sell or offer to sell any compound feed or feed stuff–
(a) which is adulterated; or
(b) which is misbranded.
9. Appointment of Feed Inspection Officer.– (1) Government may, by notification, appoint Feed
Inspection Officer or authorize any other officer for the purposes of this
Ordinance.
(2) Feed Inspection Officer shall also be the
Licencing Authority.
10. Approval of analytical laboratories.– Government may, by notification, approve analytical
laboratories in the public sector for the purposes of this Ordinance, for the
whole or any part of the Province of the
11. Appointment of Inspectors.– (1) Government may appoint Inspectors in respect of all or
any compound feed and feed stuff, 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 Ordinance, within the limits of his respective jurisdiction.
12. Sampling.– (1) An
Inspector shall, for the purpose of analysis in case of complaint, collect a
sample of compound feed and feed stuff 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 compound feed and feed stuff for the purpose of sub section (1) in
such quantity
and from such packing as he may direct.
(3) If any person contravenes the provisions of
sub section (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 compound feed and give such person a certificate showing
the nature and
quantity of the compound feed and feed stuff 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 section 13(3), 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) On receipt of any complaint from the farmer regarding
quality of feed, the Inspector shall take representative samples of the same
batch of feed from the farmer, authorized agent and the feed mill within a
period of fifteen days from the date of purchase.
(2) If any such compound feed and feed stuff is
found upon analysis to be not of the quality which it purports to be or if
there is any
contravention of the provisions of this Ordinance, the
manufacturer shall be dealt with under section 17.
(3) An Inspector may, with prior notice, enter
upon any premises used for preparation, manufacture, packing, storage or sale
of compound
feed and feed stuffs for the
purpose of–
(a) collection
of sample in case of complaint; or
(b) general
inspection and examination of compound feed and feed stuff.
14. Right of private persons to have sample
analyzed.– (1)
Any person who has purchased the compound
feed and feed stuff for his flocks or animals or feed mill and possesses a
voucher or cash
memo thereof, may make an application in writing to get his
compound feed and feed stuff samples analyzed from approved laboratory
for
quality check by an Inspector having 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.
15. Manner of sampling for analysis.– (1) An Inspector shall, after collecting or seizing any
compound feed and feed stuff with the intention of submitting the same for
analysis,
forthwith, divide such compound feed and feed stuff in four parts.
Each part shall be marked, sealed and fastened in air tight containers
in a
manner prescribed so that the nature and character of the content may not
change, mentioning the date and time of sampling.
(2) 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,
upon having received any sample of compound feed and feed stuff from an
Inspector, analyze the same
and deliver or send to the Inspector forwarding the
sample within two weeks, on payment of such fee as may be prescribed, a report
on
the prescribed form showing the result of such analysis.
(2) A copy of such report may be obtained from the
approved laboratory by the person from whom the article so analyzed was
collected by
the person who has got his feed analysed upon making an application,
on payment of prescribed fee.
(3) No person shall display any such copy on any
premises or use such copy for the purpose of an advertisement.
17. Confiscation and disposal.– The Feed Inspection Officer or an authorized officer
shall, in case of manufacture or
sale of compound feed or feed stuff without licence or involvement in the
practice of misbranding, confiscate such
manufactured stuff and machinery and
disposed them in the manner as may be prescribed.
18. Penalties.– (1) Whoever manufactures or sells compound
feed or feed stuff without licence or is involved in the practice of
misbranding shall
be punishable with imprisonment for a term which may extend
to six months or with fine which may extend to one hundred thousand rupees
or
with both.
(2) Whoever
manufacturers or sells any compound feed or feed stuff which does not conform
to the declared specifications and standards
shall be punishable with
imprisonment for a term which may extend to three months or with fine which may
extend to fifty thousand
rupees or with both.
19. Cognizance of offences.– No court shall take cognizance of
any offence punishable under this Ordinance, except on a complaint in writing
made by the Feed Inspection
Officer or an Inspector or any other officer
authorized in this behalf by the Feed Inspection Officer or Government.
20. Indemnity.– No suit, prosecution or other proceeding shall lie against any person
for anything which is in good faith done or intended to be done
in pursuance of
any provision of this Ordinance.
21. Delegation of powers.– Government may delegate all or any of its powers under
this Ordinance to the Feed Inspection Officer or any other officer authorized
by it.
22. Power to make rules.– Government may make rules for the purpose of carrying
into effect the provisions of this Ordinance.
23. Repeal and
savings.– (1) The Punjab Animals
Compound Feeding Stuff Act, 1974 (XIV of 1974), is hereby repealed.
(2) Notwithstanding the repeal, all acts done or
intended to have been done under the said Act shall be deemed to have been done
or intended
to have been done under this Ordinance.
[1]Promulgated by the Governor
of the
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