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05/03/2024
Laws of Bangladesh

The Pure Food Ordinance, 1959 (East Pakistan Ordinance)

( Ordinance NO. LXVIII OF 1959 )

Chapter I

PRELIMINARY

Definitions
3. In this Ordinance, unless there is anything repugnant in the subject or context,-
 
 
(1) an article of food shall be deemed to be “adulterated” if-
 
 
(a) any substance has been mixed and packed with it so as to reduce or lower or injuriously affect its quality or strength, or
 
 
(b) any substance has been substituted wholly or in part for it, or
 
 
(c) any of the normal constituents has been wholly or in part abstracted so as to render it injurious to health, or
 
 
(d) it is mixed, coloured, powdered, coated or stained in a manner whereby damage or inferiority is concealed, or
 
 
(e) it does not comply with any standard provided by or under this Ordinance or any other law for the time being in force, or
 
 
(f) it contains or is mixed or diluted with any substance in such quantity as is to the prejudice of the purchaser or consumer or in such proportion as diminishes in any manner the food value or nutritive qualities which it possesses in its pure, normal, undeteriorated and sound condition, or
 
 
(g) it contains any poisonous or deleterious ingredient 1[ including radiation] which may render it injurious to health, or
 
 
(h) it is not of the nature, substance or quality which it purports to be or which it is represented to be by the manufacturer or the seller;
 
 
(2) “bye-laws” means bye-laws made under this Ordinance;
 
 
2[ (2A) “catering establishment” means any hotel, restaurant, cafeteria, canteen, shop and includes any other places where food in any form is consumed, supplied or sold.]
 
3[ (3) “container” includes a package or receptacle of any kind, whether open or closed or sealed and must be free from rust, lead, arsenic or any heavy metals and must not be prepared from or previously used container and threatening to public health;
 
 
(3A) “Court” means a Pure Food Court established under section 41;
 
 
(3B) “Cultural practices” includes production, reproduction, housing and management of livestock, processing and preservation of their produces.]
 
 
(4) “dairy” includes-
 
 
(a) any farm, cattle-shed, milk-store, milk-shop or other place, at which milk is stored or supplied for sale or is manufactured into butter, ghee, cheese, curds, or skimmed, condensed, sterilised or desiccated milk, and
 
 
(b) in the case of a dairyman or other person selling milk, who does not occupy any premises for the purpose of such sale, any place at which such dairyman or person keeps any container used or intended to be used by him for the purposes of such sale,
 
 
but does not include-
 
 
(i) a shop or other place at which milk is sold solely in the closed and unopened containers in which it is delivered thereto from any source referred to in sub-clauses (a) and (b), or solely in hermetically closed and unopened containers and in the same condition as that in which it was delivered thereto from such source, or
 
 
(ii) a shop or other place at which milk is sold solely for consumption therein;
 
 
4[ (4A) “drinking water” means normal water, mineral water and water from any other sources which conforms to the National Standard of Drinking water or mineral water of Bangladesh;
 
(4B) “farm” includes a yard, shed and houses for livestock, and their cultural practices;
 
 
(4C) “fishery” includes any farm, arat or depot, service center or landing center, fish store, fish shop, fish processing plant and any other places where fish grows, fish and fishery product is processed, dried, transported, supplied or sold.]
 
 
5[ (5) “food” means any kind of edible oil, fish, fruit, meat or vegetable or any other article used as food, drinking water or any other drink for human consumption other than any drug, and includes ice, aerated water, carbonated water or any substance whether processed, semi processed or raw or any substance which has been used in the manufacture, preparation or treatment of food and those articles which will be notified by the Government from time to time, and-
 
 
(a) any substance which is intended for use in the composition or preparation of food,
 
 
(b) any permitted flavouring matter or any spice or condiment, and
 
 
(c) any food grade colouring matter, preservative, anti oxidant and other additives intended for use in food;
 
 
(5A) “livestock” includes cattle, buffalo, goat, sheep, pig and poultry (chick, duck, quail, pigeon, goose and guinea fowl);
 
 
(5B) “livestock product” includes meat, meat product, blood, bone, bone marrow, milk, milk products, egg, fat, food products of livestock origin.]
 
 
(6) “local area” means the area situated within the jurisdiction of a local authority, and includes any area notified by the Government to be a local area for the purpose of this Ordinance;
 
6[ (7) “local authority” means-
 
 
(a) a Corporation constituted under the Dhaka City Corporation Ordinance, 1983 (Ord. No. XL of 1983), the Chittagong City Corporation Ordinance, 1982 (Ord. No. XXXV of 1982), রাজশাহী সিটি কর্পরেশন আইন, ১৯৮৭ (১৯৮৭ সনের ৩৮ নং আইন), the Khulna City Corporation Ordinance, 1984 (Ord. No. LXXII of 1984), সিলেট সিটি কর্পরেশন আইন , ২০০১ (২০০১ সনের ১০ নং আইন) and বরিশাল সিটি কর্পরেশন আইন , ২০০১ (২০০১ সনের ১১ নং আইন),or
 
 
(b) a Paurashava constituted under the Paurashava Ordinance, 1977 (Ord. XXVI of 1977); or
 
 
(c) in any other local area, such authority or person as may be notified by the Government;]
 
 
(8) “manufacture” means manufacture for the purpose of sale or for preparation for sale, and the expressions “manufactured” and “manufacturers” shall be construed accordingly;
 
 
(9) “notified” means notified in the official Gazette;
 
 
7[ (9A) “poultry” includes any poultry farm or poultry shed, poultry store, dressed poultry store, alive or dressed poultry shop or place or other place at which alive or dressed poultry are stored for sale;]
 
 
(10) “prescribed” means prescribed by rules;
 
 
(11) “rules” means rules made under this Ordinance;
 
 
(12) “sale” means a transfer of ownership in exchange for a price, whether in money or in kind, paid or promised or partly paid or partly promised, and includes-
 
 
(a) the making, causing or permitting of such transfer,
 
 
(b) the attempt to effect such transfer, and
 
(c) any possession, storage, offer, exposure, despatch, consignment, deposit or receipt for the purposes of such transfer or for preparation for such transfer,
 
 
and the expression “sell”, “seller”, “sells” and “sold” shall be construed accordingly; and
 
 
(13) “transit” includes every stage of transit from the place of manufacture or other source of origin to the consumer.

  • 1
    The words “including radiation” were inserted by section 2 of the Bangladesh Pure Food (Amendment) Act, 2005 (Act No. XXVII of 2005)
  • 2
    Clause (2A) was inserted by section 2 of the Bangladesh Pure Food (Amendment) Act, 2005 (Act No. XXVII of 2005)
  • 3
    Clauses (3), (3A) and (3B) were substituted for former sub-section (3) by section 2 of the Bangladesh Pure Food (Amendment) Act, 2005 (Act No. XXVII of 2005)
  • 4
    Clauses (4A), (4B) and (4C) were inserted by section 2 of the Bangladesh Pure Food (Amendment) Act, 2005 (Act No. XXVII of 2005)
  • 5
    Clauses (5), (5A) and (5B) were substituted for former sub-section (5) by section 2 of the Bangladesh Pure Food (Amendment) Act, 2005 (Act No. XXVII of 2005)
  • 6
    Clause (7) was substituted by section 2 of the Bangladesh Pure Food (Amendment) Act, 2005 (Act No. XXVII of 2005)
  • 7
    Clause (9A) was inserted by section 2 of the Bangladesh Pure Food (Amendment) Act, 2005 (Act No. XXVII of 2005)
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