Kathmandu, Feb. 18
The Federation of Nepalese Chambers
of Commerce and Industry (FNCCI) has expressed its serious reservations over
the bill to amend and integrate the laws related to food hygiene and quality
which has been tabled in the federal parliament.
“If this law is passed as it is, no
food-related industry will be able to operate in the country,” a delegation of
FNCCI led by its Vice-President, Anjan Shrestha, said to chairman of CPN-UML,
KP Sharma Oli.
The delegation of the business
organisation had called on Oli, who is also the leader of the ruling coalition
and former prime minister, on Sunday afternoon at his residence in Balkot,
Bhaktapur, to express private sector’s reservatoins to various provisions
mentioned in the proposed law. The delegation included FNCCI’s Commodity
Council’s vice-chair, Arniko Rajbhandari, Export Promotion Committee’s chair,
Manish Lal Pradhan, and presidents and office bearers of commodity associations
related to food grains and products.
The delegation said that although
the FNCCI had submitted a three-column amdnement proposal including the
concerns and suggestions from the private sector to the members of the
Legislative Committee of the National Assembly, the bill is presented as it is in
the parliament.
The FNCCI demanded to include
provision to mention ‘Best before date’ in the consumer products that have
mentioned ‘Food handler protocols and food safety rules’ as per the
international practice. Likewise, innocent food traders should be provided
financial compensation if the government bans the sell and distribution of
certain products on the basis of misgivings and without any evidence.
While arranging for the return of
defective or low-quality batch of food products by publishing a public notice, sale
and distribution of other batches produced or processed by the food entrepreneur
will also be seriously affected. Therefore, the delegation suggested that the
provision of public notification to return the goods should be removed.
“Similarly, when the report of the
laboratory is not consistent due to various technical problems, a review should
be arranged based on the order issued by the concerned government agency on the
basis of the report,” said Shrestha.
If the consumer's health is harmed
due to the consumption of contaminated or low-quality food, compensation is
paid, so it is unfair to imprison the businessperson and charge excessively
high fines. “The provision of imprisonment and excessive fines should be
removed, the offenses under the Food Hygiene and Quality Act should be kept
under criminal offences, and the provision of imprisoning entrepreneurs,
businessmen and traders for the entire duration of the trial should be removed,”
the delegation said to Oli.
The FNCCI also suggested that since
the Food Hygiene and Quality Act is a special law in relation to food, in order
to maintain the uniqueness of this act, it is necessary to provide for
prosecution only in accordance with this act in relation to the offenses
mentioned in this act, the provision of prosecuting cases in accordance with
other laws for the offenses under this act should be removed.
In response, Oli assured the
delegation that he would support the amendment of the clauses of the bill that
would create a situation where industries are not shut down as he believed that
the law should be introduced with the aim to protect the industry and health
and safety rights of consumers.
Published in The Rising Nepal daily on 19 February 2023.
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