Ministry of Law and Justice has directed the federal and provincial food authorities to harmonise food standards across Pakistan, formulate standards for registration and licensing of manufacturers/trading houses of food products, ensure conformity assessment, i.e, enforcement of standards and revamp Pakistan Standards and Quality Control Authority (PSQCA).
Sources told Business Recorder here on Saturday that the decision has been taken during the last meeting on harmonisation of standards and quality control authority and provincial food authorities held under the chairmanship of secretary law & justice here at Law and Justice Division.
The meeting developed consensus that the absence of harmonised standards for food industries has resulted in business risks while formulation of multiple standards by provincial food authorities has created confusion among the Centre and provinces.
The director general PSQCA informed that PSQCA working under administrative control Ministry of Science and Technology (MoST) as per Section 14 of PSQCA Act VI of 1996 has been mandated to include food items and non-food items in Compulsory Certification Mark Scheme of PSQCA. The PSQCA has so far notified 105 mandatory items including 40 food items. Once an item is included in Compulsory Certification Mark Scheme of PSQCA, it is also notified in World Trade Organisation (WTO), Technical Barrier to Trade (TBT). The director general PSQCA informed that the prime minister during the Council of Common Interests (CCI) meeting categorically stated that there should be single standard across the country. The DG further clarified that PSQCA is monitoring only 105 mandatory items. There are hundreds of food items which could be dealt/ monitored by the provinces.
The DG further informed that PSQCA being National Standards Body (NSB) formulates the Pakistan Standards based on regional and international standards, through various Technical Committees (TCs) as well as National Standards Committees (NSCs). Technical Committees of PSQCA comprise members of relevant stakeholders i.e. manufacturers, academia, federal and provincial governmental organisations and consumers. The DG further explained that PSQCA, being a National Standard Body (NSB) represents Pakistan as full member to different international organisations relevant to standardization activities including International Organization for Standardisation (ISO), International Electro-technical Commission (IEC), Standards and Metrology Institute for the Islamic Countries (SMIIC), South Asian Regional Standards Organisation (SARSO) and focal point for World Trade Organisation (WTO) to TBT.
The director general in his briefing further informed that multiplicity of authorities formulating standards, with overlapping roles is adversely impacting the food industry, besides creating administrative anomalies. Multiple standards also hamper smooth conduct of inter-provincial trade. Moreover, increased documentation, licensing and registration requirements with different federal and provincial authorities add to the costs and negatively impact the ease of doing business regime in the country. Moreover, the articles 143, 149 & 151 of the Constitution of Pakistan support the stance of PSQCA.
Umar Islam, representative of Pakistan Vanaspati Manufacturers Association (PVMA) in his comments stated that PVMA has filed a writ petition in Islamabad High court and the court in its interim orders directed PFA to refrain from any action which is not in consonance with Pakistan's commitment under WTO agreement or which impedes the executive authority of the Federation. This matter is still sub judice. "However, PFA is still destroying our products, destroying our brand name and causing for us billions of rupees loss. So this matter should be resolved on war footing," he said. Umar Islam further commented that PSQCA is federal authority having mandate to formulate Pakistan standards and monitor the quality of mandatory products, which have been declared mandatory and notified under WTO TBT agreement.
The secretary Punjab Food Department in his comments stated that food has never been federal subject before and after the 18th amendment. The Punjab government as per Pure Food Ordinance 1960 is monitoring the food products. However, after 18th amendment Pure Food Ordinance is repealed with Punjab Food Authority Act.
The secretary Punjab Food Department on the issue of harmonisation of food standard stated that there is no objection that standards should be harmonised. However, standards formulated by Punjab government are more stringent than the standards developed by the PSQCA, and Punjab Food Authority (PFA) is implementing and enforcing its own food standards, which is also its mandate.
The additional secretary Law and Justice Division on reservation of representative of Punjab clarified that enforcement of Food standards is also an issue. "However, currently we have to develop consensus on establishment of Pakistan Standard. Provinces could not develop Pakistan Standards and it will rest with the federal government."
The secretary law in his views stated that standards should be harmonised across the country and Pakistan Standards may prevail. However, if provinces have started their own enforcement mechanism, inter-provincial trade would be severely affected. Therefore, this committee has been constituted to resolve the said issue with the consensus of stakeholders.
The representative of Sindh in her views regarding the issue of standards stated that Sindh government has no issue on Pakistan Standards developed by PSQCA. Sindh Food Authority has adopted more than 100 food standards developed by PSQCA. However, enforcement of food items should be rest with the provinces. She further suggested that a joint enforcement mechanism could be developed in this regard.
The representative of Khyber Pakhtunkhwa (KPK) stated that uniform standards may prevail across the country. However, implementation/ enforcement may be given to the provinces.
The representative of Balochistan showed his concurrence on harmonisation of standards. However, he was of the view that the enforcement mechanism should be the domain of provincial governments. He further stated that the standards established by PSQCA are not up to the mark and even not available on PSQCA's website. He informed that PSQCA has no proper infrastructure in Balochistan.
The representative of PSQCA clarified that mandatory standards are available on PSQCA website, however other standards would be provided at some cost. If any organisation intends to adopt PS standards then standards will be provided free of cost.
The representative of Azad Jammu and Kashmir (AJK) in his views stated that AJK Food Authority has recently been established. The AJK is following Punjab standards as most of the items are supplied from Punjab province. The representative of AJK also endorsed the single / harmonised standards across the country.
The representative of Ministry of National Food Security and Research (MNFSR) has repeated the same stance that as per the international practices, standards shall have to be uniformed across the country. Currently, the efforts are also being made to harmonise the standards across the different regions. So, Pakistan Standards should prevail across the country.
The representative of Pakistan Business Council (PBC) in his views stated that there is no doubt that formulation of standards should be single/harmonised across the country. Formulation of multiple standards by provincial food authorities has created confusion among the Centre and provinces. Food industries, especially edible ghee and oil manufacturing industry, dairy industry, packed spices industry and other food processing industries are confronted with business risks due to absence of harmonised standards. Licensing/registration of food products is also an issue which is to be resolved. If any food industry is supplying its food products to different areas of the country that means it has to get more than four licences which is impossible. This activity will definitely hamper the inter-provincial trade.
Another member of Pakistan Business Council (PBC) in his views stated that during the British government in India, regulation of food adulteration was done at provincial level under the Government of India Act 1915, being the Punjab Pure Food Act, 1929.
He further highlighted that Constitution enforced on August 14, 1947 the Fourth Schedule containing Federal Legislative List (FLL) and the Concurrent Legislative List (CLL). The existing laws, as were in force prior to the 1973 Constitution, were afforded continuity by virtue of Article 268 of the 1973 Constitution, which includes the APGM Act 1937, so far as applicable and with necessary adaptations, until altered, repealed or amended by the appropriate Legislature.
After highlighting the constitutional background, he stated that there was no conflict between the federal and provincial laws, until the framing of the Punjab Pure Food Rules 2007 (PPF Rules 2007), which repealed the PF Rules 1965 and enforced new standards applicable in the province of Punjab. Thereafter, the PPF Rules 2007 were also repealed by the Punjab Pure Food Rules 2011 (PPF Rules 2011). On April 19, 2010, the Concurrent List was omitted by virtue of the Constitution (Eighteenth Amendment) Act, 2010 (the 18th Amendment), and the Federal Legislative List (the FLL) was also amended. Under the 1973 Constitution, the FLL is divided into two parts: Part I and Part II, with Part II dealing with important subjects for the consideration of the Council of Common Interests (CCI) under Article 153 and 154 of the 1973 Constitution.
The secretary law requested all the members to submit their views/ comments regarding responsibilities of the federal and provincial governments on formulation of standards, registration and licensing of manufacturers and trading houses, conformity assessment i.e. enforcement of standards and revamping of PSQCA.
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