The Ordinance aims to ensure purity of food being supplied to people in the market and, therefore, provides for preventing adulteration. The term ‘food’ is comprehensively defined in Section 3(5) of the Ordinance. Public food analysts are appointed to monitor food safety at the food shops, restaurants etc. Manufacturing of adulterated foods, their distribution, sales etc. causing malnutrition and injury to the public health have been made prohibited and punishable under the Ordinance. A consumer or purchaser of alleged adulterated food has the right to laboratory examination of the foods purchased. Food Inspector or any authorized person may prevent selling of adulterated foods and seize those if appropriate. Pure Food Court (popularly, mobile court) administered by a First Class Magistrate is empowered to try the offences relating to food safety and injury Food Inspector or any authorized person may prevent selling of adulterated foods and seize them if appropriate. Inspector or a person authorized by the Government can lodge complaint to the court. Punishment includes imprisonment or fine or both.22 7.5. The Food (Special) Court Act, 1956 The Food (Special Courts) Act, 1956, is supplementary to the control of essential commodities Act, 1956, and provides for setting up of special courts headed by a special magistrate for speedy trial of offences in relation to foodstuffs. Punishment under this Act is an imprisonment for a term which may extend to three years or with fine or with both.
7.6. The Special Powers Act, 1974 The Special Powers Act, 1974, makes hoarding & black-marketing of foods punishable with death or life imprisonment or 14 years rigorous imprisonment or with fine. Similar punishments are made for adulteration of or sale of adulterated food, drink, drugs or cosmetics. Such offences are triable by the Special Tribunal headed by the Sessions Judge or Additional Sessions Judge.24 7.7. The Bangladesh Standards and Testing Institution (BSTI) Ordinance, 1985 Bangladesh Standards and Testing Institution (BSTI) is the national standardization organization in the country working under the administrative control of the Ministry of Industries, Government of Bangladesh. In 1985, BSTI started its journey by merging CTL and BDSI under the BSTI Ordinance 1985. After that in 1995 Department of Agriculture, Grading and Marking was merged with BSTI.25A number of laws and regulations govern the activities of BSTI some of which may be mentioned below: a) The Bangladesh Standards and Testing Institution Ordinance, 1985 (as amended up-todate) b) The Standards of Weights and Measures Ordinance, 1982 (as amended up-to-date) c) The Bangladesh Standards and Testing Institution Regulation, 1989 d) The Bangladesh Standards of Weights and Measures (Amendment) Rules, 2006 e) The Bangladesh Standards of Weights and Measures (Package Commodities) Rules, 2007 The Council is the highest decision-making organ of BSTI. It may exercise all powers and perform all functions that might be exercised or performed by the institution. The Council works through various committees. BSTI is headed by a Director General who is its principal executive officer and is responsible for its proper administration. The institution discharges its responsibilities through 06(six) wings. Under these 06 wings there are 21 divisions or sections such as standards wing, physical testing wing, chemical testing wing etc. Headquartered in Dhaka, the Institution has 06 regional offices at 06 Divisional Headquarters and 03 district offices at 03 district headquarters.
The main functions of the BSTI are inter alia:
a) formulate national standards of industrial, food and chemical products,
b) quality control of the products as per specific national standards; and
c) implement metric system of weight and measures in the country
7.8. The Bangladesh Standards and Testing Institution Ordinance (BSTI) Versus Pure Food Laws The ordinance of Bangladesh Standards and Testing Institution relates to establishment of an institution for standardization, testing, metrology, quality control, grading and marking of goods. Within the framework of this ordinance, the government has established the Bangladesh Standards and Testing Institution (BSTI). One important task of this organization is to certify the quality of commodities, materials, whether for local consumption or for export and import. It may be noted that almost in all cases food articles were sent for examination the public analyst certified them as ‘adulterated’. Most surprisingly, many food products, which have passed the BSTI test, the public analyst termed them ‘adulterated’. It reveals an ostensible conflict of standard between the BSTI and the public analyst appointed under the Bangladesh Pure Food Ordinance, 1959, which needs to be refuted by proper legislative amendments.27 Besides the Pure Food Ordinance, 1959 and the Pure Food Rules, 1967 are the basic and fundamental laws to directly operate the legal functionaries to curb and remedy the widespread evil of food adulteration and thereby to protect and preserve public health.28Cantonment Pure Food Act, 1966 and the Cantonment Pure Food Rules, 1967 have a very rare application. Section 25C and 26 of the Special Power Act, 1974 are found to be the repetition of the concern law with just separate forum of trial. 8. Role of Mobile Court to Protect Adulterated Types of Foods Mobile court is not a new phenomenon rather it has antique sporadic legacy in various statutes and legal traditions in Bangladesh and elsewhere like India, United Kingdom, etc. At the infancy stage of mobile court, we discover multi- dimensional problems in terms of its functioning, legal basis, logistic support, acceptance to the vested segment and people at large. But notwithstanding these multi-faceted acid tests, mobile court takes place an unparallel and distinctive place to protect and preserve consumer protection, sound public heath, law & order situation and ultimately justice through the proper enforcing of existing concomitant laws. This is high time for all of us to launch profound research and investigations to find out its lacunae so as to establish a full-fledged and robust socio-legal background for mobile court so that it can work with its full bloom. According to Dr. Borhan Uddin Khan “mobile court can be compared as a mobile phone which is easily moveable to enforce laws as a supplementary and complementary maneuver of court as we understand Court derives from the Latin cohorts meaning a yard and the retinue or persons (a cohort) which gathered in the enclosed place.
9. Protection of the Consumer Rights in Food Adulteration Consumer is a person who consumes or uses any commodity or service available to him either from natural resources of through a market for final consumption. It gives Protection to the Consumers against the violation of their right and being injured by the unfair trade practices of the seller or service provider. It does not mean that consumer right has not protected before Act was passed. People of Bangladesh had been protected try various Acts such as -Constitution of Bangladesh, Sale of Goods Act, Pure Food Ordinance, Penal Code etc. But rights of the Consumers were not well protected by those Acts. After the enactment, people got a written or existing Act and protected under this Act. There are three aspects of consumer rights protection, which every country must consider:- a. Voluntary Protection b. Institutional Protection c. Statutory Protection First, the aspect of ‘voluntary protection’ which means that consumer’s themselves would voluntarily set up associations and/or organizations to safeguard their own rights and interests. These associations/organizations generally work as pressure groups on the government for consumer rights issues. There are many such voluntary organizations in India, Sri Lanka and other countries of the world. In Bangladesh, the Consumers’ Association of Bangladesh (CAB) was established in 1978. Second, the aspect of ‘institutional protection’, by establishing national institutions to safeguard and promote consumer rights of citizens this aspect of consumers’ protection can be ensured. For example, in 1914 the Federal Trade Commission, in 1927 the Food and Drug Administration and in 1970 the National High Traffic Administration were set up in the USA; the United Kingdom established the office of Director-General of Fair Trading; Sweden set up the Consumer Agency KOV and Consumer Ombudsman KO; India established National Consumer Protection Council, various State Consumer Protection Councils, National Consumer Disputes Redressal Commission with State Commissions and District Forums; Sri Lanka and Nepal set up the office of the Commissioner of Internal Trade and the Consumer Protection Council respectively. Though there is lot of organization working for human rights in Bangladesh but no organization except Consumer Association of Bangladesh (CAB) working for consumer rights. Third, the aspect of ‘statutory protection’, which can be guaranteed by enacting relevant laws for protecting the rights and interests of the consumers. Many countries of the world, including those in Asia, have already enacted comprehensive laws in this regard. For example, the Consumer Protection Fundamental Act 1968 in Japan, Consumer Protection Act 1979 in both Thailand and Sri Lanka, Consumer Protection Act 1986 in India, Consumer Act of the Philippines 1990 in the Phillippines, Consumer Protection Act 1998 in Nepal, The Law on Consumer Protection 1999 in Indonesia and Consumer Protection Act 1999 in Malaysia were enacted. However, Bangladesh is yet to enact such a comprehensive Consumers Protection Act.30 The culture of consumerism is seemingly unknown in Bangladesh. Ill-fated consumers are completely cheated at almost every level of service sectors including food safety, transportation, healthcare, education, access to justice, housing and what not. Consumer rights are considered as fundamental rights to life. Therefore, promotion and protection of these rights are essential for the life of every citizen. The Consumer Rights Protection Act 2009 was enacted with the intention to protecting the legitimate interests of consumers. The Act comprehensively deals with the protection of consumers’ rights from the grip of greedy traders. It categorically identifies some acts or omissions as violation of consumer rights. The National Consumer Rights Protection Council (NCRPC or Council) has been set up to monitor the state of protection of consumers’ rights in the country. The Council comprises members from various quarters such as different ministries, National Security Intelligence, BSTI, Consumer Association of Bangladesh (CAB), NGOs, law enforcing agencies and different trade bodies etc.
0 Comments