Iodized Salt (production, Sale And Distribution) Act, 2055(1998)
Iodized Salt (Production, Sale and Distribution)
Date of Authentication and Publication 2055.10.1 (15 Ja n, 1999)
Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2010)1 2066.10.7 (21 Jan. 2010)
Act N umbe r 16 of the year 2055 (1998)
An A ct made to provide for iodized salt
Whereas, it is expedient to make provision for the produc tion, import, supply, sa le, distribution of iodized sa lt in a proper qua ntity and for mixing iodine with sa lt in order to pre ve nt and era dic ate exte nsive a nd serious effects caused to public hea lth from iodine deficie nc y; Now, there fore, be it enacte d by Parliament in the Twenty Se venth reign of H is Ma je sty King Birendra Bir Bikram Shah De v
1. Short title and commencement:
(1) This Act ma y be called as the “Iodize d Salt (Produc tion, Sa le a nd D istribution) Act, 2055 (1998)”.
1 This Act came into force on 15 Jestha 2065, “Prasasti” and the word “Kingdom” has been deleted.
(2) This Act shall commence in suc h area on such date as the Go ve rnment of Nepa l ma y appoint, by a Notifica tion in the Nepal Gaze tte.
Unless the subject or the c onte xt otherwise require s, in this Act:
(a) “iodized sa lt” means the iodized salt in granular or pow der form w ith m inimum 96 percent sodium c hloride,
white, pa le pink or light grey in colour, free from visible contam ination with c lay, grit a nd other extraneous
adulterant a nd im purities and with qua lity standard as fixe d pursuant to Sec tion 15.
(b) “permit” means the perm it to be issued pursuant to Sec tion 7 for the production, import, supply or sale a nd
distribution of the iodized sa lt.
(c) “Committee ” means an iodine defic ie nc y disorder pre vention com mittee constituted pursua nt to Sec tion 12.
(d) “production” means the ma nufac turing of iodiz ed sa lt by mixing iodine with iodine free sa lt.
(e) “producer” means any person or organization having obta ine d the permit who is in volve d in production dire ctly or through an a ge nt or controlle d person by a greement or under a greement.
(f) âorganiza tionâ means a firm, company or body c orporate registere d under the pre va iling law.
(g) â im portâ means a n act of im portation of iodize d sa lt or iodine fre e salt into Nepal.
(h) â im porterâ means a person or orga nization ha ving obta ine d permit to import iodize d sa lt.
(i) âsupplyâ me ans the act of delivery of iodized salt to a distributor or c onsumer.
(j) âsupplierâ means a person or orga nization ha ving obta ine d permit to supply iodize d sa lt.
(k) âsa le and distributionâ mea ns pro vision of information service of iodiz ed salt, promotion, advertiseme nt,
distribution of sample of iodize d sa lt and marketing such salt, on beha lf of the produce r.
(l) âdistributorâ mea ns any person enga ged in the sale a nd distribution of iodize d salt by whole sa le or reta il.
(m) â inspectorâ means a n inspec tor appointe d or de signated pursuant to Sub-section (1) of Section 18.
(n) “label” mea ns a ta g, symbol, pic ture or other de scriptive thing written, printed, lithogra phed, sym bolized,
embossed or inc lude d or otherwise partic ularized in a packa ge used to pack iodized sa lt.
(o) âsample” means a small quantity of iodized sa lt prepared for the test or for busine ss promotion.
(p) âpre scribe d” or âas pre scribe dâ mea ns pre scribed or as prescribe d in the rule s framed under this Ac t.
Provisions relating to permit
3. Prohibition on import, purchase and sale of iodine free salt:
No person sha ll import into Ne pal and purchase and se ll iodine free sa lt without obtaining permission as pre scribed from the c omm ittee.
4. Permit to be obtained to produce, import, supply, sell and distribute iodized salt:
A person or orga nization inte nding to produce, import, supply, sell and distribute iodized salt has to obta in the permit pursua nt to this Act.
5. Application for permit:
A person or organiza tion inte nding to obtain the permit pursua nt to Section 4 has to make an application, accompanied by the fee s as prescribed, to the committee, in the forma t as prescribed.
6. Inquiry regarding issue of permit:
Where an application is made under Section 5, the comm itte e sha ll inquire into the follow ing matters:
(a) Technica l a spect a nd ca pac ity for the production, im port, supply, sa le and distribution of salt,
(b) Financ ia l status of the a pplica nt,
(c) If iodine free salt is to be imported for the purpose of production, fea sibility study report the reon,
(d) If the im porte d iodine sa lt is to be supplied, sold a nd distribute d, a fea sibility study re port there of a nd other
necessary docume nts perta inin g thereto,
(e) Areas where iodized sa lt is supplied, sold and distribute d,
(f) Other necessary matters as pre scribed.
7. Issuance of permit:
If, the comm ittee c onsiders, upon having made inquiries pursua nt to Se ction 6, that the a pplica nt is com petent to produce, import, supply, sell and distribute iodized salt, the c ommittee sha ll issue the permit to the applicant in the prescribed format.
8. Period and renewal of permit:
(1) Exce pt where the perm it is re voke d earlie r pursua nt to Sec tion 11, the period of the permit for produc tion shall be for a maximum period of Fifteen years and the period of the perm it for im port, supply, sale a nd
distribution sha ll be for a maxim um period of Thre e years.
(2) No later tha n at least six months prior to the expira tion of the pe riod as referre d to in Sub-section (1), an
application, ac compa nie d by the fees as prescribed, ha s to be made to the comm ittee in the pre scribe d forma t for the re newal of the permit.
(3) Where a n a pplic ation is not ma de for the re newal of permit w ithin the time lim it as re ferred to in Sub-section (2), the permit sha ll not be re newed; the permit which so expires sha ll be deeme d to be i pso fac to ca nce led.
9. Permit not to be issued:
Where a perm it is issue d to a ny person or body for the produc tion, import, supply, sale a nd distribution of iodized sa lt in any spec ified area, no perm it sha ll be issued to any other person or body for the produc tion, import, supply, sa le and distribution of iodized sa lt in the same area during the period spec ifie d in the permit. Pro vided tha t, if the c ommittee c ome s to learn tha t the person or body having obta ined permit ha s not been able to produce, import, supply, sell and distribute the iodize d sa lt as demande d in the are a me ntione d in the permit and the matter appears to be rea sonable on holding an inquiry a s prescribed, the comm ittee may give perm it to any other person or body to produce, import, supply, se ll a nd distribute the iodize d salt.
10. Terms to be followed by person or body having obtained permit:
The tec hnic al a nd ma na gerial te rms re quire d to be followed by the person or body ha ving obtained pe rmit in the course of production, import, supply, sa le and distribution of salt shall be as pre scribe d.
11. Power to revoke permit:
(1) If a person or body having obta ine d pe rm it doe s not follow the terms re quire d to be followed pursuant to Sec tion 10 in the course of produc tion, import, supply, sale a nd distribution of iodized salt, the committee may give necessary order to suc h person or body to observe suc h terms, with spec ification of ce rta in period.
(2) If the person or body ha ving obta ine d perm it doe s not carry out the order w ithin the period spec ified pursuant to Subsection (1), the comm itte e may re voke the perm it of such person or body.
(3) Prior to the re voca tion of permit pursua nt to Subsection (2), the c ommittee shall give a rea sonable opportunity
to the c oncerned person or body ha ving obtained perm it to furnish e xpla na tion.
(4) A pe rson or body who is not sa tisfied w ith the dec ision ma de by the c ommittee to re voke pe rm it pursuant to
Sub-section (2) may make a n appea l to the Ministry w ithin Thirty Five days.
Iodine Deficiency Disorder Prevention C ommittee
12. Iodine Deficiency Disorder Prevention Committee:
(1) There shall be formed a n Iodine Defic iency Disorder Pre vention Committee consisting of the cha irperson a nd
member a s follows in order to make im pleme ntation pursuant to the polic ies and directions of the Gove rnment of Nepal.
(a) Secretary, Ministry of Hea lth and P opula tion Chairperson
(b) Re pre senta tive ( Gazetted First Cla ss), Ministry of Industry Member
(c) Re pre senta tive ( Gazetted First Cla ss), Ministry of Supplies Member
(d) Re pre senta tive ( Gazetted First Cla ss), Ministry of Comm erce Member
(e) Re pre senta tive ( Gazetted First Cla ss), Ministry of Health and Population Member
(f) Chief, Central Food Member Laboratory
(g) Re pre senta tive, Cham ber of Commerce and Industry Member
(h) Two persons nom ina te d by the Go ve rnment of Nepa l from amongst the persons or bodies in volved in the produc tion, import, supply, sa le and distribution of iodized sa lt Member
(i) Nutrition spec ia list nominated by the Governme nt of Nepal Member
(j) One person on be half of consumers Member
(k) Such officer in the Ministry of Health and P opulation as designated by the Government of Nepa l Member
(2) The te nure of office of the members as re ferred to in Cla use s (h), (i), (j) and (k) a nd the mem ber secretary sha ll be Two years a nd they m ay be re-nominated.
(3) The c ommittee may in vite a n expert a s a n obser ver at its mee ting.
(4) The Go vernment of Nepa l ma y, by a notification in the Nepa l Ga zette, make nece ssary alteration or change in
respect of the mem bers.
(5) The Secretariat of the committee shall be loca ted at the Ministry of Health a nd Population.
(6) The Go vernme nt of Nepa l sha ll pro vide such budget as may be re quire d for the comm ittee.
13. Meeting of committee:
(1) The c ommittee shall hold its meeting at least four times a year.
(2) The me eting of the committee shall be he ld at such plac e, time and date a s ma y be spec ifie d by the chairperson.
(3) The prese nce of Fifty percent members of the committee sha ll be de emed to c onstitute a quorum for a
meeting of the comm ittee.
(4) A ma jority opinion sha ll pre va il a t the mee ting of the committee. In the e vent of a tie, the c ha irperson sha ll exerc ise the ca sting vote.
(5) The dec isions of the Council shall be authe nticate d by the me mber secre tary.
(6) Other procedure s re lating to the me eting of the committee shall be a s de termined by the com mitte e itse lf.
14. Functions, duties and powers of committee:
In addition to the other func tions, duties and powers me ntione d in this Act, the functions, duties and powers of the comm ittee sha ll be as follow s:
(a) To appro ve, as prescribe d, the labe l and pac ka ge of iodized salt subm itte d by a produc er, importer, supplier
(b) To ma ke c oordination in ac tivities on the publicity of information and educationa l materials re lating to iodiz ed salt.
(c) To ma ke super vision and monitoring as pre scribe d as to whether the provisions of this Act and the rule s fram ed here under ha ve been followed or not.
(d) To give necessary direction to the inspec tor to investiga te and file ca se aga inst a person who produce s, imports, supplies, se lls and distribute s iodized sa lt or iodine free salt in contra ve ntion of the provisions of this Ac t and the Rules framed here under.
Certification of Quality and Approval of Label
(1) The require d standa rds of iodiz ed sa lt at the time of its production, import, supply, sa le and distribution
sha ll be a s fixe d or recomm ende d by the sta nda rds committee.
(2) The Go vernment of Ne pa l sha ll publish in the Ne pal Ga zette the sta ndards of iodized sa lt fixe d or recomme nde d by the comm ittee pursua nt to Sub-section (1).
(3) The Ce ntra l Food La boratory shall ha ve powers to examine whe ther the iodiz ed sa lt produced in or imported into Nepal conform s to the standards as me ntione d in Sub-section (1).
(4) The iodize d sa lt arriving the e xpiry date of standards fixe d pursua nt to Sub-section (1) sha ll not be supplied, sold or distribute d, or cause d to be supplied, sold or distribute d, in marke ts.
(5) The procedures to be followed by the producer, importer, supplier, se ller a nd distributor in packing a nd
transporting the iodize d sa lt sha ll be as pre scribed in order to pre vent degra dation in qua lity of iodize d salt, a dulteration therein and infection there of.
16. Certification of standards:
(1) A produc er, dea ler or distributor sha ll, prior to the sa le and distribution of iodized salt through a dea ler in Nepa l, ge t it exam ine d and standards thereof certifie d by the Centra l Food Laboratory.
(2) In the ca se of iodiz ed sa lt alrea dy produce d or imported and marketed prior to the commencement of this Act,
its producer or supplie r or distributor shall ge t it exam ine d by and obta in certification of sta ndards from the Ce ntral Food Labora tory no later than six months after the da te of comme ncement of this Act.
(3) The producer, im porter or distributor shall, for purposes of Sub-sec tions (1) and (2), make an a pplica tion,
accompanie d by a sample of iodized salt a nd the required fee, to the Centra l Food Laboratory, in the pre scribed forma t.
(4) O n receipt of the sample acc ompa nie d by the application pursuant to Sub-section (3), the Centra l Food
Labora tory sha ll test it whether it conforms to the standards fixe d pursua nt to Section 15 a nd certify the standards there of if it is found to conform to the standards fixed.
17. Approval of Label:
(1) Prior to the sa le and distribution of iodized sa lt produce d in or im porte d into Nepa l, its producer or importer or distributor sha ll ma ke an application, accompanied by the fees as pre scribed, to the c ommittee for approva l of a
labe l of suc h iodized sa lt.
(2) In the case of iodized salt a lrea dy produc ed in or imported into Nepal prior to the commenceme nt of this Act, its producer or supplier or distributor sha ll ge t its labe l a pproved by the c ommittee no la ter than six months a fter the date of comme ncement of this Act.
(3) The producer, supplier or distributor sha ll pre pare the labe l of iodize d salt in suc h a manner a s to give nece ssary information about, a nd encoura ge, the proper uses of iodized salt.
(4) A c lea r and easily understanda ble me ssa ge with follow ing information shall be printed in the la be l in the Nepa li langua ge, and in the English langua ge as per nece ssity:
(a) A logo a s approve d by the comm ittee,
(b) Full nam e and a ddress of the producer a nd packa ging person or body,
(c) Net we ight of iodized sa lt in the pac ka ge,
(d) Year and month of the pac kaging,
(e) Iodine content in PPM,
(f) Measures a nd tec hniques to be followe d to a void the loss, de prec iation and dec rease of iodine,
(g) Expiry date of sta ndards of iodize salt,
(h) Other information as pre scribe d.
18. Appointment, functions, duties and powers of inspector:
(1) The Ministry ma y, on recomm enda tion of the committee, appoint the inspectors in the required num ber in order to inspect a nd inquire into whe the r the producer, importer, supplier and distributor ha ve observe d this Act or the Rules framed under this Ac t or may, with the appro val of the concerne d body, designa te any employee incumbent in the service of the Governme nt of Nepa l to ac t as a n inspector.
(2) The qua lification re quired for the inspec tor shall be as prescribe d.
(3) The inspector sha ll inspect and inquire into, as prescribe d, whether the producer, im porte r, supplier a nd
distributor ha ve observed this Act or the rules framed under this Ac t and subm it a re port thereof to the committee.
(4) The functions and powers of the inspec tor, other than those mentione d in Sub-sec tion (3), shall be as pre scribe d.
Information, Education and Obligations of Health Institutions
19. Information and education on iodized salt:
(1) The Ministry shall grant approva l for the propa ga tion of use ful information and e ducational ma teria ls about iodized sa lt, in written, a udible or visib le form.
(2) The informa tion and e duc ational ma terials about iodized salt as re ferred to in Sub-sec tion (1) sha ll be of such
kind a s to provide c lear information a bout the following matters:
(a) Necessity a nd im porta nce of iodized sa lt for the health of human be ings a nd anima ls,
(b) Be ne fits from the use iodized salt,
(c) Possible e ffec ts on the hea lth of huma n beings and anima ls from e ating or fee ding non-iodized sa lt,
(d) Difference of price between iodize d salt and non-iodized sa lt,
(e) Ways and techniques to be followe d to a void loss or e vaporation of iodine m ixe d with iodized sa lt.
(3) Only the correct and use ful information sha ll be contained in the informa tion and educa tional materia ls as
refe rred to in Sub-sec tion (2) and sha ll be suc h kind as to disc ourage the use of iodine free sa lt.
20. Obligations of health institution:
(1) The Ministry sha ll give nece ssary orde r and direction to the hea lth institution to adopt necessary measures to encoura ge the genera l public to consume iodize d salt.
(2) It sha ll be the duty of the hea lth institution to carry out the order a nd direc tion give n by the M inistry pursuant to sub- section (1).
21. Powers to suspend or cancel license, permit or authorization:
(1) If, ba sed on the report submitted by the inspector under Sub-section (3) of Section 18, it a ppears that any producer, distributor, im porter, supplier, seller a nd distributor have not observed this Act or the Rule s or direction
or order frame d or issue d under this Act, the Ministry may, on recomme ndation of the comm ittee, write to the c oncerned body to suspend or cancel the lice nse, perm it or a uthoriz ation which suc h producer, distributor, importer, supplier, se ller a nd distributor ha ve obta ine d from the Go vernment of Ne pa l or a ny other body.
(2) Where writing is made to it pursua nt to Sub-section (1), the concerne d body sha ll also take nec essary action to
suspend or c ancel suc h lice nse, permit or authorization.
Offense and Punishment
22. Offense considered to be committed:
If one doe s a n a ct as follow s, one shall be deemed to ha ve comm itte d the offense as refe rred to in this Act:
(a) Import, sale or distribution of iodine free salt into or in Nepal w ithout obta ining approva l of the comm ittee
pursuant to Sec tion 3,
(b) Produc tion, import, supply, sa le or distribution of iodiz ed salt into or in Ne pal without obtaining perm it pursuant to Sec tion 4,
(c) Produc tion, im port, supply, sale a nd distribution of iodized salt that do not c onform to the standa rd fixed
pursuant to Sec tion 15,
(d) Any a ct other than the acts m entioned in c lauses (a), (b) and (c), in c ontra vention to this Ac t a nd the rule s fram ed here under.
One w ho comm its an offense as referre d to in the follow ing c lauses of Se ction 22 sha ll be punished as follow s:
(a) One who commits the offense as re ferred to in clauses (a), (b) a nd (c) sha ll be punished w ith a fine equivalent to the amount in contro versy, w ith confiscation of the amount in contro versy, or w ith im prisonme nt for a term
not exceeding One year or with both.
(b) One who comm its the offense a s re ferred to in Clause (b) sha ll be punished with a fine not excee ding One
Thousa nd Rupees, according to the nature of offense.
24. Liability of body:
If a ny body comm its a ny act considered as an offense pursua nt to this Ac t, the officer who acts a s the chie f administrative officer of that body shall be liable to punishme nt. Pro vided that, suc h person sha ll not be liable to
punishme nt for an offe nse c ommitte d prior to his/her be ing chie f adm inistrative officer.
25. Powers to form sub-committee:
(1) The comm ittee may, as per nece ssity, form a sub-comm itte e for the implementation of the pro visions conta ine d in this Act and the Rules frame d under this Ac t.
(2) The functions, duties and powers a nd procedures of the sub-c ommittee to be formed pursua nt to Sub-sec tion (1) sha ll be a s pre scribed by the com mitte e.
26. Delegation of powers:
The c ommittee m ay, a s per nece ssity, dele ga te a ny of the powers c onferred to it pursua nt to this Act to the cha irperson or any mem ber of the committee or convener of member of a sub-c ommittee or officer employee.
27. Government to be the Plaintiff:
Government of Nepal shall be the plaintiff the case under this Act.
28. Investigation and filing of case:
(1) The inspector sha ll inve stiga te a ca se re lated with an offe nse punisha ble under this Act and, after completion of such in vestigation, file a ca se in the District Court.
(2) In in vestiga ting and filing the ca se pursua nt to Subsection
(1), the inspe ctor sha ll see k a dvice of the governme nt attorney.
29. Powers to frame Rules:
The Government of Ne pal may frame necessary Rule s in order to im pleme nt the objectives of this Act.
(Source: Nepal Law Commission)
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