Public Health, Poison, Adulteration

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Concept Relating to Offenses

Affecting Public Health, Poison


and Adulteration
Adulteration of livestock products may lead to serious
public health hazards. Adulteration is done either
deliberately or unknowingly just to preserve the
products . Such adulterations are:
• Formaldehyde or sodium bicarbonate in milk to
preserve milk
• Use of metallic dyes in meat and fish for fresh looking
• Nitrite used in meat as preservatives
• Whatever may be the intention, adulteration of food
affect the public health and such offenses is
punishable according to the food act, 2023
• If a person produces or sales or imports or exports
adulterated food he/she shall be punished with the
fine of Rs. 1,000:00 to 2000:00 for the first time, and
Rs. 2000:00 to 5000:00 or imprisonment of 6 months
to 1 year or both from the second time.
• Poisons: are used for catching fish from ponds
and river very frequently.
• Such fish are sold in the market for public
consumption
• This may cause serious public hazards
• In animals, organo-phosphorous and chlorinated
hydrocarbon compounds are frequently used for
the treatment and control of external parasites
• If the animal is slaughtered during the
withholding period it may affect the public health
• Offenses relating to use of poison for catching fish
are punished under Jalchar Samrakchhan Ain,
2017;
• If a person uses poison with the intention of
catching or killing the aquatic animals, he/she
should be punished with the fine of Rs. 2,000:00
• Offenses relating contaminated food product
due to poisonous activities affecting public
health are punishable according to food act,
2023
• If a person produces or sales or imports or
exports contaminated/poisonous food, he/she
shall be punished with a fine of Rs. 5,000:00 to
10,000:00 or with a imprisonment of 1 to 2
years or both
• If a person may die or died or may have irreparable
damage or causes irreparable damage of his body
with the consumption of contaminated or
poisonous food, the producer or seller of such food
shall be punished with the fine of Rs. 10,000:00 to
Rs. 25,000:00 and the imprisonment up to 3 yrs.
• The producer should also pay compensation of Rs.
25,000:00 to Rs. 100,000:00 to his nearest
successor.
• Adulteration of drugs
• According to Clause 8 Sub-clause (a) of Drug
Act, 2035 and Drug (Second Amendment Act,
2057) , the drugs registered in the Department
of Drug Administration (DDA) under the
Ministry of Health and environment should be
human-safe, effective and of standard quality
in a form of written warranty.
• By definition all drugs used for human and animal
are covered by the Drug Act
• However, the Act restricts prescription writing
authority only to those who are registered to the
Nepal Medical Council thus prohibiting the
veterinarians to access the drugs
• The provision is against the rule of nature as well as
the international standard of national veterinary
services as outlined by OIE or international
commitment of Nepal Government
• The draft veterinary drug bill is now in process
in the Ministry of Law.
• There is an urgent need to promulgate
Veterinary Drug Act.
• Offenses relating to the production or sell of
adulterated drugs are punishable according to the
Drug Act, 2035, section 34, sub-section 2.
• Any person who makes an improper use or misuse
of a drug contrary to section 18 or adulterates a
drug or sells an adulterated drug or sales any other
substance representing it to be a drug on the
contrary to section 29 or distributes a date expired
drug contrary to section 30 or does any act contrary
to section 33 shall be punished as follows:
• In the event of the probability of a risk of
claiming life, life imprisonment or
imprisonment for a term not exceeding ten
years and fine;
• In the event of possibility of disempowerment
or deprival of capacity of any organ of the
body, imprisonment for a term not exceeding
ten years and a fine; and
• In other conditions, imprisonment for a term
not exceeding five years or a fine or both
• The Drug Act, 2035, section 35 has
provisioned the fine amount: “ For the
purpose of imposing a pursuant to sub-section
(2) of section 34, such fine shall not exceed
the amount in controversy or one hundred
thousand rupees, which one is higher.
• Adulteration of animal feed
• Animal feed is regulated by the Department of
Food Technology and Quality Control under
the Ministry of Agriculture and Livestock
Development, where there is neither any
veterinarian nor an adequate structural
network.
• According to clause 8 of Feed Act, 2033, any
person who produces or sales contaminated
or poisonous animal feed shall be punished
with the fine of Rs. 500:00 to 1,000:00 or 6
month imprisonment or both for the first time
• Rs. 1,000:00 to 2,000:00 or imprisonment of 6
month to 1 year both from second time
onwards
Section dealing with the quality and
standard of veterinary drugs in animal
health and livestock services act, 2055
• Section 25: Appointment of Veterinary
Inspector
• Sub-section 1: In order to inspect the quality
and standard of veterinary drugs or biological
products, Nepal Government may appoint or
nominate the Veterinary Inspectors in the
places and situation as per necessity
• There are some sections dealing with the
protection of public health in Animal Health
and Livestock Services Act, 2055 and Animal
Health and Livestock Services Regulations,
2056. Those are as follows;
• Procedure of disposal
• While disposing of any animal, animal product or animal
product materials in pursuant to sections 14 and 29 of
the act, it shall have to be burnt or buried by digging up
to 3 ft. deep hole or disposed off in accordance with the
procedures set forth by the Department
• In the event of death during transportation, disposal of
dead animal should be done according to the above
procedures and disinfection of the vehicle should be
done.
Disinfection procedures
• According to the sub-rule 2 of the rule 2,
disinfection procedure described under
schedule 1 are as follows;
• Lime: 20% solution in water
• Sodium bicarbonate: 5–8% solution in water
• Sodium hydrochloride: 1–5% solution in water
• Phenolic acid: 3-5% solution in water
• Sodium hypochloride: 1-3% solution in water
• Ultraviolet rays: Atleast 2 hrs.
• Heat
• Other disinfectants can be used as per the
recommendation of experts.
Different Sections Related to Public Health
in Slaughterhouse and Meat Inspection
Regulations, 2057
• Section 4, sub-section 3: A person suffering from TB,
skin infection and other infectious diseases shall not be
allowed to enter into or work in the slaughterhouse.
• Section 4, sub-section 6: Clothes, weapons and tools
used in a slaughterhouse, if used in the meat of animal
suspected of TB shall be used only after boiling them
for half an hour in the water mixed with caustic soda
• Section 4, sub-section 9: Health check up of a
person working in the slaughterhouse shall be
made in every six month and a certificate of
good health shall have to be submitted to the
meat supervisor.
• Section 7: To keep suspected meat safely;
• Sub-section 1: if in the course of inspection any
carcass is found suspicious for human
consumption, the meat supervisor shall forbid
the sale and distribution of such carcass until
the laboratory report is received
• Sub-section 2: If the meat or any part thereof of
a slaughtered animal is found to be
inappropriate for human consumption,
the concerned slaughterhouse operator shall
have to dispose off or destroy such meat in the
presence of a meat inspector or meat supervisor.
• Sub-section 3: The concerned slaughterhouse
itself must have essential equipments and
laboratory facilities to immediately test the
suspicious meat and for keeping the meat found
suspicious safe in pursuant to sub-section 1
Different Schedule Related to Public Health
in Slaughterhouse and Meat Inspection
Regulations, 2057
• Schedule 5: Related to Sub-section 2 of
Section 6 and sub-section 1 of Section 9,
procedure of the examination of animals
before slaughter.
• Schedule 7: Relating to sub-section 2 of
section 10. Procedure to be followed if
tuberculosis is found.
• Schedule 8: Relating to sub-section 2 of
section 10. Procedure to be followed on
finding of any disease other then tuberculosis
• Schedule 9: Relating to section 4. Procedure
for disinfecting slaughterhouse.

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