Key Features of the Food Safety and Standards Act, 2081 (of Nepal)
-by Prashanta Pokhrel
1. Preamble: Aims to protect human health and consumer welfare by setting and regulating
scientific food safety and quality standards at all stages of the food chain.
2. Short Name and Commencement: Known as the Food Safety and Standards Act, 2081;
effective from the 91st day after certification.
3. Definitions: Provides definitions for various terms including foodstuffs, food additives,
food business, food safety, food safety management system (FSMS), and more.
4. Government Authority: Empowers the Nepal Government to establish and regulate
food safety standards.
5. Food Safety and Standards Recommendation Committee: A 15-member committee to
recommend standards, coordinate between governmental levels, and guide stakeholders
on FSMS implementation.
6. DFTQC Recommendations: Necessary for the registration of any food industry.
7. Permits and Licenses: Required for operating food businesses, production, sale,
distribution, storage, and transportation of packaged food. Valid for two years.
8. License Suspension: Licenses can be suspended for non-compliance with safety
standards or failure to renew within the specified timeframe.
9. Import and Export Regulations: Permits are required for importing food and
certification can be obtained before exporting.
10. Prohibition on Adulterated and Substandard Food: Bans on production, import,
export, storage, transportation, or sale of such food.
11. Labeling Requirements: Packaged food must be labeled in English or Nepali.
Import/export food must be labeled accordingly.
12. Obligations of Stakeholders: Defines responsibilities for producers, processors,
importers, exporters, transporters, hoarders, sellers, and service providers to maintain
food safety.
13. DFTQC Functions: Includes regulating food safety, developing FSMS, inspecting food
businesses, conducting risk assessments, managing foodborne disease surveillance, and
more.
14. Provincial and Local Government Role: Allowed to conduct inspections within their
jurisdictions.
15. Reference Laboratories: Nepal Government can establish laboratories for food safety
research and examination.
16. Private Laboratories: DFTQC can enlist private labs meeting specified criteria.
17. Food Inspection Officers: Appointed by DFTQC with defined functions, including
sampling, banning sale of contaminated food, and case filing.
18. Immediate Inspection: DFTQC and its offices can conduct immediate inspections.
19. Public Food Analyst: Appointed by the Ministry with specified qualifications.
20. Offenses and Punishments: Details acts considered offenses and their corresponding
punishments, including fines and imprisonment.
21. Complaint Mechanism: Allows public complaints to DFTQC regarding violations, with
procedures for investigation.
22. Case Jurisdiction: District court handles cases of contaminated food; chief district
officer handles other cases.
23. Regulatory Rules: Nepal Government may frame rules to fulfill the act's objectives.
24. Waste Management: Food businesses must manage their own waste.
25. Unified E-System: Ministry can develop an e-system for services like permits and
licenses.
26. National Codex Committee: Can be formed under the coordination of the secretary.
27. Delegation of Powers: Department can delegate certain powers to offices or officials.
28. Plaintiff: Nepal Government to be the plaintiff in cases filed under this act.
29. Assistance: Local government and police must assist in implementing the act
This act will be effective from 15 July 2024 onwards.
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For more information on various quality control aspects
of Nepal's food control system, please refer my book.
Thank you
-PRASHANTA POKHREL
