Bangladesh has highest number of foodsafety laws in world

Food safety threats in Bangladesh are arsenic in food, genetically modified food, environment pollutants in food, human-induced food adulteration during farm production, industrial production, marketing, and street food vending. Numerous food processors are producing, processing and preparing foodstuffs in serious unhygienic environments.Fruits, fishes and many other things sold in markets are preserved with formalin, a dangerous chemical liable for various types of cancer. Poisonous Dichloro Diphenyl Trichloroethane (DDT) powder is unrestrainedly used in dry fish, which can cause cancer along with various other reproductive problems. Foods are prepared with various toxic colours that are generally used as textile dyes. Consumption of these toxic textile dyes can cause indigestions, allergies, asthma, cancer and so on. Besides, manufacturers use urea fertiliser commercially to adulterate ‘moori’ (puffed rice). Sick, infected and poisonous dead chickensare used in soup preparation; suppliers and retailers sell date-expired energy drink, biscuits randomly. Metals, such as lead andmercury, cause neurological damage in infants and children. Exposure to cadmium can also cause kidney damage, usually seen inthe elderly.

There are at present 15 laws to regulate safe food delivery to the consumers. These laws are: 1. Penal Code, 1860 (‘PC 1860′), 2. Control of Essential Commodities Act, 1956 (‘CECA 1956′), 3. Food (Special Courts) Act, 1956 (‘FA 1956′), 4. Pure Food Ordinance, 1959 (‘PFO 1959′), 5. Cantonments Pure Food Act, 1966 (‘CPFA 1966′), 6. Pesticide Ordinance, 1971 (‘PO 1971′), 7. Special Powers Act, 1974 (‘SPA 1974′), 8. Fish and Fish Products (Inspection and Control), Ordinance, 1983 (‘FFPO 1983′), 9. The Breast-Milk Substitutes (Regulation of Marketing) Ordinance, 1984(‘BMSO 1984′), 10. Bangladesh Standards and Testing Institution Ordinance 1985 (‘BSTIO 1985′), 11. Iodine Deficiency Disorders Prevention Act 1989 (‘IDDPA 1989′), 12. Vokta Odhikar SongrokkhonAin, 2009 [Consumers Rights Protection Act 2009], 13. Stanio Sarkar (City Corporation) Ain, 2009 [Local Government (City Corporation) Act 2009] , 14. Stanio Sarkar (Paurashava) Ain, 2009[Local Government (Paurashava) Act, 2009] 15. Mobile Court Ain, 2009 [Mobile Court Act, 2009]. It is important to note that, use of such a large number of laws for a single purpose like food safety is quite unusual and unprecedented in the world.There is overlapping of laws for criminalising some particular offences. Sections 272 and 273 of the PC 1860 make food adulteration an offence. The PFO 1959 also tries the same offencein section 6(1)(a) and prohibits food adulteration in the processof manufacturing. Section 16 of the PFO 1959 proscribes keeping of adulterants in places where food is manufactured. Later in 1974, food adulteration became punishable under Section 25C of the Special Power Act, which is simply considered as the alteration of the language, punishment (in this instance, death penalty) of the parallel provisions of PC 1860.While food adulteration has been criminalized under the aforementioned three laws simultaneously, in 2009, the governmentenacted the CRPA 2009, where section 41 includes the same offenceover again. This multiplicity of laws creates confusion in the mind of manufacturers, processors, retailers or even to the enforcement authorities to realise which law deals with particular food safety issue. Moreover, there is no effective coordination among these regulatory authorities dealing with foodsafety. Several authorities carry out anti-adulteration drives inBangladesh. Some drives are conducted by the ministry of commerce

(MoC), some are done by the ministry of industry (MoI), and a feware operated by the city corporations (under the ministry of local government).Therefore, food control in Bangladesh is a multi-sectoral responsibility. In Bangladesh, penalties are practised as the wayof the execution of the statutes. But no persuasive measures liketraining, caution notice, improvement notice are involved in the enforcement mechanism. Moreover, the administrative enforcement mechanism of Bangladesh is not organised. It has not designed inspection strategies and there is no clear method of detecting non-compliance with the regulations. It is important for a betterenforcement regime to have outlined clear implementation strategies so that all instances of non-compliance can be easily identified and action taken promptly by the proper authority.There are a few food laboratories under various government, autonomous and international organisations in Bangladesh. However, very few of those are operating down to the regional anddistrict level. It was observed that only a few of the laboratories are well equipped and well maintained. They have shortages of maintenance budget, inadequate technological resources, manpower and, above all, lack of coordination in procedures/methods of testing.Above all another law The Food safety 2013 with a provision of Food safety court in each Upazila has been enacted. Bangladesh isover burdened with laws for safety of food but food is most unsafe in Bangladesh.The roles and responsibilities of the concerned ministries and agencies are unclear and do not cover the whole food chain from farm-to-table. The overall coordination body for food safety and food control at the national level is the National Food Safety Advisory Council (NFSAC). The government and regulatory bodies are driven by media propaganda but not by professional obligation.Over the past few years, misinformation was being spread about the presence of formalin in fruits. Many people have stopped eating fruits in fear, resulting in huge losses to the growers and traders. Recently Dhaka Metropolitan Police (DMP) has starteddrives against use of formalin in food products. A huge public outcry over formalin-mixed fruits prompted the “unprecedented”

police move, as “repeated tests” by laboratories and food inspectors have found fruits sold in Bangladesh contain an “alarming level of formalin” in an effort to extend their shelf life. They started arrest of business persons and destruction of food products. This destruction of fruits without any laboratory test is hitting farmers, fruit traders and importers hard and created panic among the consumers.Interestingly, is has been reported in media in a very insignificant manner that seven government organizations namely (1) Bangladesh Agricultural Research Institute, (2) Bangladesh Rice Research Institute, (3) Bangladesh Fish Research Institute, (4) Bangladesh Animal resources Research Institute and (5) Bangladesh Agriculture University tested food items and fruits obtained from market and find that the level of formalin is not over the standard limits and not risky for human being! BSTI and Criminal investigation department of Police separately tested some random samples from market.Bangladesh Agricultural Council (BARC) has coordinated the test programme. They also questioned the acceptability of the Z-300 machine use by mobile court. The Food and nutrition Institution of Dhaka University has doubt about the machine. Food products have some natural formaldehyde content as part of it. The machinecannot differentiate percentage of natural formaldehyde and extraapplied formalin. The authority has no standard content of formalin both natural and applied for preservation of any food item in their policy.Some experts said the “blood sugar of human body cannot be detected by using a machine externally. In the same way, it can’tbe determined what element a particular fruit contains inside it by using machine externally.” It can only be known once the fruitor its segment is tested in laboratory by slicing it.The current food control system in Bangladesh involves multiple ministries and agencies. Fifteen ministries are involved in food safety and quality control and ten ministries are directly involved in food inspection and enforcement services. The food inspection and enforcement system in Bangladesh needs to be strengthened to better address the significant food safety issuesthat exist in the country and better protect the health of consumers. An appropriate inspection manuals, protocols,

guidelines and checklists for inspectors to use in the field mustbe developed. There must be a system for record keeping and documentation of food inspection and enforcement activities. The inspectors should be educated on food safety and food security and they should be provided with appropriate equipments, tools and test-kits for inspection and sample collection.Only punishment and destruction of food will increase corruption and national loss and businesspersons and farmers will feel discourage in their production and economic activities.In some countries there are two laws for safety of food. One is Food Safety Modernisation Law. This law provides for the making of regulations respecting quality management programmes, quality control programmes, safety programmes and preventive control plans to be implemented by regulating authority. The other law isSafe Food Law for regulation. The law requires food production facilities to re-register with the regulating authority. Registration is crucial, as products from non-registered facilities will be considered “misbranded,” which prohibits theirsale. It provides for the making of regulations to provide for improved traceability of any food commodity. Both laws acknowledge that food safety issues will arise and provide for improved capacity to properly respond and to establish pilot projects in coordination with the food industry to explore ways to quickly and effectively identify people who may have received tainted food in order to mitigate outbreak of food-borne illness.Similar laws in other countries have provisions of monitoring, research, quality control, management, prevention, correction, consumer education etc. All of our laws put emphasis on punishment of wrong-doers only. Citizens may be well served by prevention of offence rather than punishment of offenders only. Government should improve their service of prevention of adulteration instead of punishment of businesspersons and destruction of foods.Bangladesh government is planning for another law for restrictinguse of formalin and higher punishments for not following law for trading and use in food items. Government has taken another wrongdecision for enacting another law making the basket Burdon with laws for regulators but no provision to punish the regulators forpoor implementation of existing laws. This law has strict

provision only to increase formality of trading of formalin without any provision of monitoring, research, quality control, management, prevention, correction, consumer education etc.

The cabinet on Monday approved in principle a draft proposal for the “Pure Food Act 2013” which cites a maximum of 14 years of imprisonment and fines of up to Tk2m for violators. 

The draft law, which proposes constituting the “Bangladesh Pure Food Authority” was discussed elaborately in the regular meeting chaired by Prime Minister Sheikh Hasina.

A number of recommendations were also made which would be integrated into the law by the food ministry before its passage to the law ministry for its endorsement.

Cabinet Secretary Mohammad Mosharraf Hossain Bhuiyan told reporters the food ministry drew up the proposed act by amending the Pure Food Ordinance, 1969 in line with a cabinet instruction.

The draft act would be placed again in the cabinet for final approval once it is vetted by the law ministry.

The proposed law states the constituted authority would examine the quality of food products, test for adulteration, confiscate adulterated products and take legal action against individuals ororganisations responsible. It also calls for the formation of an advisory council to provide policy-level support to the regulatory body.

Separate technical committees and panels will be formed comprising of experts from different organisations and instituteswho would help curb food adulteration and the mixing of harmful chemicals in food products.

Mosharraf added that the Bangladesh Pure Food Authority would be empowered to make physical visits to packaging places and test the food items.

The cabinet secretary continued that the law differentiates offences into two categories. Minor offences will be tried at mobile courts and major ones will be tried at general tribunals. Special food safety tribunals will also be constituted under the proposed law.

For first-time violators, the punitive measures would be from twoto seven years in prison and up to Tk1m in fines. However, in thecase of repeat offences, the punishment would be doubled, meaningup to 14-year prison terms and Tk2m in fines.

Food Minister Abdur Razzaque told the Dhaka Tribune afterwards that they had initially included the provision of capital punishment for violations but that was cut down after consultation with experts and stakeholders.  

- See more at: http://www.dhakatribune.com/bangladesh/2013/jul/01/cabinet-moves-forward-pure-food-act#sthash.lyqAiOLR.dpuf

The PureFood Ordinance, 1959

THE PURE FOOD ORDINANCE: 1959 ORDINANCE NO. LXVIII OF 1959[14]

An Ordinance to provide for the better control of themanufacture and sale of food for human consumptionWHEREASitis expedient to provide for the better control of

the manufacture and sale of food for human consumption; NOW,THEREFORE, in pursuance of the Presidential Proclamation ofthe seventh day of October, 1958, and in exercise of all powers enabling him in that behalf, theGovernor of East Pakistan is pleased to make and promulgate the following Ordinance, namely:-

PRELIMINARY(1) This Ordinance may be called the Pure Food Ordinance,1959. Short title, extent and Commencement. (2) It extends to the whole of Bangladesh. (3) It shall come into force at once. Repeal of Bengal Act VI of 1919 and AssamAct I of 1932.-Repealed by Section 3 and the Second Schedule of theEast Pakistan Repealing and Amending Ordinance, 1966 (EastPakistan Ordinance No. XIII of 1966.

Throughout this Ordinance, the words

“Government”, “Bangladesh” and “taka” were substituted for thewords “Provincial Government”, “East Pakistan” and “rupees”respectively by section 3 and the Second Schedule of theBangladesh Laws (Revision and Declaration) Act, 1973 (Act No.VIII of 1973).

The words “East Pakistan” were omitted by Article 6 of theBangladesh (Adaptation Of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972).The Pure Food Ordinance, 1959 In this Ordinance, unless thereis anything repugnant in the subject or context,-

Definitions (1) an article of food shall be deemed to be“adulterated” i

(a) Any substance has been mixed and packed with it so as to reduce or lower or injuriously affect itsquality or strength.(b) Any substance has been substituted wholly or in part for it. (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, colored, powdered, coated or stained in a manner whereby damage or inferiority is concealed.(e) It does not comply with any standard provided by or under this Ordinance or any other law for the time being in force. (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.(g) It contains any poisonous or deleterious ingredient.

(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; “Bye-laws” means bye-laws made under this Ordinance; “catering establishment” means any hotel, restaurant, cafeteria,canteen, shop and includes any other places where food in anyform is consumed, supplied or sold.

1. The words “including radiation” were inserted by section 2of the Bangladesh Pure

Food (Amendment) Act, 2005 (Act No. XXVII of 2005).

2. Clause (2A) was inserted by section 2 of the Bangladesh PureFood (Amendment)

Act, 2005 (Act No. XXVII of 2005).

(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 section41; (3B) “Cultural practices” includes production, reproduction,housing and management of livestock, processing and preservationof 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 manufacturedinto butter, ghee,cheese, curds, or skimmed, condensed,sterilised or desiccated milk.(b) in the case of a dairyman or other person selling milk, whodoes not occupy any premises for the purpose of such sale, anyplace at which such dairyman or person keeps any container usedor intended to be used by him for the purposes of such sale, butdoes not include-(i) a shop or other place at which milk is sold solely in theclosed and unopened containers in which it is delivered theretofrom any source referred to in sub-clauses (a) and (b), or solelyin hermetically closed and unopened containers and in the samecondition as that in which it was delivered thereto from suchsource. (ii) A shop or other place at which milk is sold solely forconsumption therein.

(4A) “drinking water” means normal water, mineral water and waterfrom any other sources which conforms to the National Standard of Drinking water or mineral water of Bangladesh; 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 of2005).

Clauses (4A), (4B) and (4C) were inserted by section 2 of theBangladesh Pure Food (Amendment) Act, 2005 (Act No. XXVII of 2005).

(4B) “Farm” includes a yard, shed and houses for livestock, andtheir cultural practices;

(4C) “fishery” includes any farm, arator depot, service center orlanding center, fish store, fish shop, fish processing plant andany other places where fish grows, fish and fishery product isprocessed, dried, transported, supplied or sold.

[(5) “food” means any kind of edible oil, fish, fruit, meat orvegetable or any other article used as food, drinking water orany other drink for human consumption other than any drug, andincludes ice, aeratedwater, carbonated water or any substancewhether processed, semi processed or raw or any substance whichhas been used in the manufacture, preparation or treatment offood and those articles which will be notified by the Governmentfrom 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 oxidantand other additives intended for use in food;

(5A) “livestock” includes cattle, buffalo, goat, sheep, pig andpoultry (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 productsof livestock origin.(6) “local area” means the area situated within the jurisdictionof a local authority, and includes any area notified by theGovernment to be a local area for the purpose of this Ordinance;

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 of2005). 1local authority” means-

(a) a Corporation constituted under the Dhaka City CorporationOrdinance, 1983 (Ord. No. XL of 1983), the Chittagong CityCorporation Ordinance, 1982 (Ord. No. XXXV of 1982),

(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 orfor preparation for sale, and the expressions “manufactured” and“manufacturers” shall be construed accordingly; (9) “notified” means notified in the official Gazette

[(9A) “poultry” includes any poultry farm or poultry shed,poultry store, dressed poultry store, alive or dressed poultryshop or place or other place at which alive or dressed poultryare stored for sale;](10) “prescribed” means prescribed by rules; (11) “rules” means rules made under this Ordinance; (12) “sale” means a transfer ofownership in exchange for a price,whether in money or in kind, paid or promised or partly paid orpartly promised, and includes- (a) the making, causing or permitting of such transfer, (b) the attempt to effect such transfer, and

Clause (7) was substituted by section 2 of the Bangladesh PureFood (Amendment) Act, 2005 (Act No. XXVII of 2005).

Clause (9A) was inserted by section 2 of the Bangladesh Pure Food(Amendment) Act, 2005 (Act No. XXVII of 2005).

(c) any possession, storage, offer, exposure, despatch,consignment, deposit or receipt for the purposes of such transferor 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 ofmanufacture or other source of origin to the consumer.

[(1) Every local authority shall appoint one or more personsto be the Public Analyst of Food within its area to carryout the purposes of this Ordinance. Appointment of public analysts(1A) The Government may, except for an area of a CityCorporation or a Paurashava or an area notified as localauthority under section 3(7)(c), appoint one or more personsto be the Public Analysts of Food for such local area as may bespecified by the Government. (1B) Notwithstanding anything contained in sub-sections (1) and (1A), the Government may appoint a public Analyst ofFood appointed under sub-sections (1) and (1A) for suchother area in addition to his local area.] (2) No person shall be appointed a public analyst for any area- (a) if he is directly or indirectly engaged in any trade orbusiness connected with the manufacture or sale of any article offood, and (b) unless he possesses, on the date of his appointment, such qualifications as may be prescribed. (3) The appointment by a local authority of any person to bea public analyst, and the removal of any person soappointed, shall be subject to the approval of theGovernment.

(4) The salary payable to, and the conditions of appointmentof, a public analyst appointed under this section shall besuch as may be prescribed. Sub-sections (1), (1A) and (1B) were substituted for former sub-section (1) by section

3 of the Bangladesh Pure Food (Amendment) Act, 2005 (Act No.XXVII of 2005). (5) The Government, or the local authority, with theapproval of the Government, may appoint a person to act aspublic analyst during any vacancy in the office of, orduring the absence or in capacity of, the public analyst. 1. National Food 2.SafetyAdvisory 3.Council

(1) The Government shall constitute a National Food

Safety Advisory Council. The Council shall consist of thefollowing members, namely- (a) Minister for Ministry of Local Government, Rural Development and Co-operatives, who shall also be the Chairman ofthe Council; (b) A representative of the Ministry of Local Government, Rural Development and Co-operatives, not below the rank of JointSecretary, who shall also be the member secretary of the Council;(c) A representative of the Ministry of Agriculture, not belowthe rank of Joint Secretary; (d) A representative of the Ministry of Commerce, not below therank of Joint Secretary; (e) representative of the Ministry of Food and Natural DisasterManagement, not below the rank of Joint Secretary; (f) a representative of the Ministry of Health and FamilyWelfare, not below the rank of Joint Secretary; (g) a representative of the Ministry of Industry, not below therank of Joint Secretary; (h) a representative of the Ministry of Environment and Forest, not below the rankof JointSecretary; (i) a representative of the Ministry of Home Affairs, not below the rank of Joint Secretary; (j) a representative of the Ministry of Fishery and Livestock,not below the rank of Joint Secretary;

(k) a representative of the Ministry of Establishment, not belowthe rank of Joint Secretary;

Section 4A was inserted by section 4 of the Bangladesh Pure Food(Amendment) Act, 2005 (Act No. XXVII of 2005).

\(l) Deputy Commissioner, Dhaka; (m) Director General, Bangladesh Standards and TestingInstitution; (n) Chairman, Department of Food and Nutrition, University ofDhaka; (o) Chairman, Department of Chemistry, University of Dhaka; (p) a representative of the Federation of Bangladesh Chambers ofCommerce and Industries.

(2) The National Food Safety Advisory Council shall adviseto the Government on the following subjects- (a) matters related to the safety of food and to theadministration of this Ordinance, (b) standard and quality control (National and Codex Standard)for food with a view to ensuring their purity, safety and proper nutritional value, (c) technical matters arising out of the administration of thisOrdinance, (d) development of man-power services and facilities required forensuring safety, quality and pure food for human consumption, and(e) policies and strategies related to food safety and quality control.] (1) The Government may determine by rules in this behalf-

(a) the normal constituents and the values of the chemical andphysical constants of any article of food, and (b) in respect of a sample of any article of food, the deficiencyin any such constituent or the addition of any extraneous matteror the proportion of water which shall, for the purpose ofthisOrdinance and until the contrary is proved, raise a

presumption that such article isadulterated.Power of Governmentto determine by rules to provide for normal constituents of articles of food and deficiencies or additions rendering sucharticles adulterated

(2) A public analyst shall, when certifying the result ofany analysis made under this Ordinance, have regard to therules referred to in sub-section (1). (3) When any rulereferred toin sub-section (1) has been made, the purchaserof any article of food to which rule applies shall, untilthe contrary is proved, be deemed to have demanded food complying with such rule.CHAPTER II

MANUFACTURE AND SALE OF FOOD (1) No person shall, directly or indirectly and whether byhimself or by any other person acting on his behalf,- (a) manufacture or sell any article of food which is adulterated,or Prohibition of manufacture or sale of food not of propernature, substance or quality(b) sell to the prejudice of the purchaser any article of foodwhich is not of the nature, substance or quality demanded by the purchaser. (2) An offence shall not be deemed to have been committedunder sub-section (1), if the article of food contains thenormal constituents prescribed under clause (a) of sub-section (1) of section 5, and if the chemical and physicalconstants of the article are in accordance with thosereferred to in the said clause-

(a) where any innocuous substance or ingredient has been addedthereto, if such substance or ingredient-

(i) is required for the production or preparation of such articleas an article of commerce in a condition fit for carriage orconsumption, and

(ii) is not so added fraudulently to increase the bulk weight ormeasure, or to conceal the inferior quality, of such article:Provided that the admixture of such substance or ingredient doesnot render such article to be injurious to health.

On 30 June 2014,The Bangladesh Food safety Network (BFSN) is anactive network of consumer oriented NGOs that is supported by theFood Safety Programme to deliver advocacy and awarenessactivities targeted at various sections of civil society. To thisend, the first divisional workshop was organized by UBINIG, oneof the constituents of the BFSN, at Tangail. 57 participantsrepresenting the Government, farmers’ organizations, consumergroups, academic institutions, food producers and sellers,lawyers, Upazila and district administration, religious leadersand students attended the event. The representatives were from

various locations in Dhaka division including Manikgonj, Rajbari,Jamalpur, Dhaka, Ghazipur and Tangail. Mr Gautam Chandra Pal,Deputy Director, Local Government, District Administration,Tangail was the Chief Guest. The special guests were Mr. AbuKaisar Khan, Upazila Nirbahi Officer, Deldua and S. M. Ferdouse,Chairman, Upazila Parishad, Delduar. John Ryder, Prof. Shah MonirHossain, Rokeya Khanam, Margarita Corrales and Sridhar Dharmapurirepresented the Programme at the event. The workshop was chairedby Mr. Mohidul Hoque Khan, Vice President, B-Safe Foundation andMember, Steering Committee, BFSN.

The workshop was initiated by a song about food safety performedby Nayakrishi farmers- Akkas Ali, Rupushi Begum and Arfan Ali.The key note presentation “An analysis of the Food Safety Act andright to safe food” was made by Ms. Farida Akhter, ExecutiveDirector, UBINIG and Dr. M. A.  Sobhan, Research Consultant,UBINIG. This was followed by a lively discussion on strategiesand activities required to raise awareness about the Food SafetyAct.  In his remarks, John Ryder, said that the Food Safety Act,2013, once implemented could become a model for many countriesacross the globe. He described FAO’s systems-based to approachtoward strengthening food safety in Bangladesh across the foodchain from producer to consumer. In his remarks, Prof. Shah MonirHossain spoke of the gaps and overlaps in food control system inBangladesh and how these would be overcome by implementation ofthe Act. Sridhar Dharmapuri spoke about the National Food SafetyLaboratory and its role in food safety in the country. Mr. S.M.Ferdouse made the innovative suggestion that Delduar could becomea pilot Upazila for awareness raising activities and could bedeveloped as a model. This suggestion will be followed up by theBFSN. Mr. Gautam Chandra Pal appreciated the efforts of the BFSN

and the FAO to strengthen consumer awareness in all the divisionsof the country. Mr. Abu Kaisar Khan also spoke on the occasion.

 

The cabinet on Monday approved in principle a draft proposal forthe “Pure Food Act 2013” which cites a maximum of 14 years ofimprisonment and fines of up to Tk2m for violators. 

The draft law, which proposes constituting the “Bangladesh PureFood Authority” was discussed elaborately in the regular meetingchaired by Prime Minister Sheikh Hasina.

A number of recommendations were also made which would beintegrated into the law by the food ministry before its passageto the law ministry for its endorsement.

Cabinet Secretary Mohammad Mosharraf Hossain Bhuiyan toldreporters the food ministry drew up the proposed act by amendingthe Pure Food Ordinance, 1969 in line with a cabinet instruction.

The draft act would be placed again in the cabinet for finalapproval once it is vetted by the law ministry.

The proposed law states the constituted authority would examinethe quality of food products, test for adulteration, confiscateadulterated products and take legal action against individuals ororganisations responsible. It also calls for the formation of anadvisory council to provide policy-level support to theregulatory body.

Separate technical committees and panels will be formedcomprising of experts from different organisations and instituteswho would help curb food adulteration and the mixing of harmfulchemicals in food products.

Mosharraf added that the Bangladesh Pure Food Authority would beempowered to make physical visits to packaging places and testthe food items.

The cabinet secretary continued that the law differentiatesoffences into two categories. Minor offences will be tried atmobile courts and major ones will be tried at general tribunals.Special food safety tribunals will also be constituted under theproposed law.

For first-time violators, the punitive measures would be from twoto seven years in prison and up to Tk1m in fines. However, in the

case of repeat offences, the punishment would be doubled, meaningup to 14-year prison terms and Tk2m in fines.

Food Minister Abdur Razzaque told the Dhaka Tribune afterwardsthat they had initially included the provision of capitalpunishment for violations but that was cut down afterconsultation with experts and stakeholders.  

The government is going to start implementing the Safe Food Act2013 from the beginning of next month to fight adulteration andprotect public health.

Last week, the public administration ministry issued notices toappoint three members out of the five-member Bangladesh FoodSafety Authority (BFSA). A member-secretary has also beenappointed.

"We expect to appoint a chairman of the authority by tomorrow(today) and we will implement the law from February 1," FoodMinister Md Qamrul Islam told The Daily Star by phone yesterday.

In a gazette issued on Monday, the food ministry said the lawwould come into force on February 1. This was issued after thegovernment appointed two professors from the University of Dhakaand a former member of Bangladesh Council of Scientific andIndustrial Research (BCSIR) as members of the food safetyauthority.

The appointees include Md Abdul Malek, a professor at themicrobiology department, Md Iqbal Rouf Mamun, a professor at thechemistry department, and Majeda Begum, a former member of theBCSIR.

The new law aims to combat food adulteration in all stages of thesupply chain and look at a variety of other food-related concernsof consumers.

The law is also expected to put an end to the current multi-pronged, multi-ministry controlled mechanisms of food safetyissues.

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The Bangladesh Pure Food (amendment) Act 2005 is currently ineffect, but its implementation remains a far cry due to a lack ofcoordination among various ministries and agencies that areresponsible for ensuring food safety.

"There was no agency to look after the food safety issues. As aresult, food safety issues have been dealt with in a scatteredmanner by various government agencies. The authority will act asan umbrella to coordinate activities of all involved in the foodsupply chain," said a senior official of the food ministry,seeking anonymity.

In October 2013, the government framed the safe food act amidrising health threats and widespread food adulteration throughthe use of chemicals. But the law could not be enforced owing toa delay in framing rules and formation of a food safety advisorycouncil and the BFSA, officials said.

The food ministry official said some rules have already beenframed and the rest would be formulated as the BFSA startsworking.

DHAKA, Jan 26, 2015 (BSS)-The government has taken an initiative to implement the Safe Food Act-2013, a new act endorsed by the government to stop widespread food adulteration through commissioning separate courts for the disposal offood-related crimes from February 1 .

To this end, the government already has formed a 'Bangladesh Food Safety Authority' and appointed four members including a secretary forthe authority, said a gazette notification issued by the Public

Administration.

Under the authority, M Abdul Baten Mia, Director of National ConsumersRight Department, has been appointed. Three other members of the authority are Prof Dr Iqbal Rauf Mamun fromChemistry department of Dhaka University, Prof Dr M Abdul Maleque fromMicrobiology science of Dhaka University and Majeda Begum from Bangladesh Council of Scientific and Industrial Research (BCSIR).

"The government already has appointed four members of the authority and the chairman will be appointed soon", said Ahmed Faisal Imam, deputy secretary (administration) of the Ministry of Food.

The newly-formed authority will act to implement the Safe Food Act in the country, said the official. At present, country's pure food supplyis overseen under Pure Food Ordinance of 1959 but the ordinance However, the newly amended act has a provision that any aggrieved person can lodge complaints with the chairman of the authority againsta particular food manufacturing company for seeking compensation.

The Safe Food Act, 2013 has categorized 23 offences for which criminals will face maximum five years in jail term or Tk 1,000,000 fine. Of them, 13 offences are non-bailable.

The maximum punishment for adding radioactive ingredients or heavy metals to food stuffs is four years in jail or Tk800,000 fine or both.

The highest punishment for adding insecticides, hormones, antibiotics and other chemicals above permissible limits is three years in jail ora fine of Tk600,000 or both.

Owners of restaurants and hotels, causing health hazards to consumers,will face maximum three years of jail or a fine of Tk600,000 or both.

The act says public servants failing to discharge duties stipulated inthe act would face departmental disciplinary actions.

Organization of the National Food Control System Food control structure of Bangladesh

Food safety is a shared responsibility among 15 ministries &

their about 20 agencies

in Bangladesh .

Food safety is governed by a number of laws and regulations

in Bangladesh, of them

The Bangladesh Pure Food Ordinance, 1959 which has been

amended as the Pure

Food Act (Amendment) 2005

Under this Act, The National Food Safety Advisory Council

(NFSAC) has been

constituted

NFSAC is comprised of the representatives from all the key

ministries and their

agencies, chaired by Honorable Minister, Ministry of Local

Government & Rural

Development Cooperation (LGRDC)

including business communities, academics .

Seven Horizontal Inter-Ministerial Technical Sub- Committees

Food Safety Policy & Legal Affairs (MoLGRDC)

Food Control Management (MoFLZ)

Food Standards and Analysis (MoIndustries)

Food Safety Emergency Response Planning (MoFood)

Public Health/ National Committee on Food Safety (under MoHFW )

Primary production food safety improvement (under MoA )

Food safety information, education and communication (under MoInformation)

Conclusion Bangladesh is still in a preliminary stage in risk analysis, but there are some developments like establishment of National Food Safety Laboratory- technical support from FAO

Laboratory Networking Strengthening inter-agency collaboration

Food borne illness surveillance system- IEDCR, FAO

Draft of Food Safety & Quality Policy-technical support fromFAO

Draft Food Safety Emergency response plan

Draft Bangladesh Food Safety Act, 2013 with provision of establishment of Bangladesh Food Safety Authority

Committee for safety food:

Food adulteration: Serious Threat for Public HealthFood is inevitable for human survival; however, in Bangladesh food adulteration posing serious health hazards likewise— children’s mental and physical growth and women’s fertility, cancer, damage liver, kidney etc. because of containing dangerous proportion of chemicals, medicines, preservatives, andcolours in food.

A large percentage of our daily consumed foods including fish, milk, meat, fruits, vegetable, rice, pulses, oil, salt, baby foods and even water are adulterated and poisonous whereas safe and nutritious food of good quality prepared under hygienic conditions is essential.

Access to safe and nutritious food along with food security is ofhighest importance in attempts to reduce the dominance of hunger,malnutrition and diseases in Bangladesh. In the stirring of the situation, Bangladesh Government had drafted a ‘Safe Food Act’ 2013 that contained 9 Chapters and 70 articles related to safe food.

Step toward a ‘Safe Food Act’ is undoubtedly a constructive and encouraging march for safe food and right to food. Nevertheless, it contained some loopholes and as such Association for Land Reform and Development (ALRD) and Action Aid Bangladesh Jointly organized a roundtable discussion titled “People’s Food Security and Safe Food Act (Draft)” on June 8, 2013 in the capital of Bangladesh to press home their demand for the enactment of people’s right to food and safe food act.

Speakers at the Roundtable discussion on “People’s Food Security and Safe Food Act” There are lots of inconsistencies in the draftact of which some sections did not reflects peoples’ right to have safe food, and food export is not considered as business as

well, said the Keynote Speaker. At the same time this act only recognized food consumers and the people related in food businessare also not considered as businessmen, he added.

The act should be participatory but there are no provisions to include mass people opinion. Indeed, in article 4(2), which dealswith advisory committee, inclusion of specialists, social activities, NGOs are totally ignored. In accordance, in article 10 all power are given to the chairperson who raises the possibility to have authoritarian decisions regarding this issue.In article 13(3) role of coordination committee should be more specified in nature. Article 14 deals with technical panel but how the panel would be selected or elected is not clear. In article 21 it has been said that in certain condition GeneticallyModified (GM) foods would be banned, but there should not have any condition rather than ban of GM food. Though article 33 is about appointment of inspector to which implementation of the actdepends, there is no direct argument about the role and responsibilities. Article 44 includes bail and compromise. We demand to erase the word compromise from the act. In article 45 the highest punishment of this crime is death sentence, whereas first class magistrate would be appointed in Pure Food Court. Interestingly first class magistrate has not the power to penalize with death sentence. Article 65 deals with exemption from the crime which makes the act meaningless. Finally he included that we already have 15 acts regarding this issue and all these acts are sporadic, herein a coordinated act is essential for better implementation of the act. Food standard There are lots of inconsistencies in the draft act of which some sections did not reflects peoples’ right to have safe food, and food export is not considered as business as well, said the Keynote Speaker. At the same time this act only recognized food consumers and the people related in food business are also not considered as businessmen, he added. There are faulty adherence of structural functions and coordination among concerned ministries and departments as such that law could not be implemented properly.

The discussants emphasized on the enactment of `the Right to Food

Act’ to ensure food security for all and also argued and postulated the following-Consumer’s right also violated by the act as such that a consumercannot direct complain in the court against any unusual occurrence. Beside that awareness should be built about the usingof pesticides and its quantity which is harmful for human health.Before passing the act, government should collect recommendationsfrom district to grass root level and hence farmers’ opinion should take into account with highest importance.Proposed draft Act should be verified before passing it in Bangladesh parliament to justify that the act is not contradictory with other existing laws to avoid complexities in the time of implementation. In the act there has no clear definition of food which makes it ambiguous and that which food is protected by this act. At the same time, nutrition should alsobe ensured with food availability.

Proper research should be done on food safety in Bangladesh before passing the act. However, without emphasizing on right to food, it would be quite difficult to implement Safe Food Act was argued. The act should also be decentralized to reach the bottom of the country and raise awareness among the mass people of Bangladesh, because without making the mass people aware, the lawcould not act properly and hence we should include our media in awareness building campaign.

Reference was made to Indian Supreme Court that recognized Right to Food as one of the fundamental rights in their constitution, but Bangladesh still did not recognize it in the constitution. So, the act should be included in the constitution. Ensuring onlyquality of food cannot be the solution because lots of rural people especially women, children and other marginalized population in urban area are deprived of having access to food. So, the Government should ensure adequate safe food for its people.

In the current context of Bangladesh, safe and secure food is an indispensable concern to provide a secure world for the present and future generation. There is no provision about food vending

though, in the context of Bangladesh, it is really essential to grant license to the street food venders. Consumer’s right also violated by the act as a consumer cannot direct complain in the court against any unusual occurrence.

Finally, ALRD reviewed the Act and made a critic presentation forall by arranging the round table. As there were no punishment system for the criminals, ALRD continued to press their demand toinclude punishment system as well as people’s right to have safe food. Finally, the cabinet approved the bill keeping provision of14 years imprisonment for food adulterates.

Source and Budget: a. Overall management, planning and Co-ordination of food operation system and establishment of a dependable national food security system;b. Implementation of National Food Policy and monitoring of overall food supply position of the country and conduct reseach work;c. All matters relating to food procurement, storage, distribution and ensuring fair price for food grain; andd. Implementation of Food Safety Act. 2013.2. The revised budget allocation (Non-Development and Development) for FY 2011-12 to FY 2013-14 and the proposed allocation (Non-Development and Development) for FY 2014-15 of Food Division are shown below.

The following important functions/projects/programmes are to be implemented in the financial year 2014-15:a. Establishment of "Bangladesh Food Safety Authority'' under "Food Safety Act. 2013''b. Building security stock of food grain in the country through internal procurement drive, ensuring fair price forfarmers and facilitating public import whenever necessary;

c. Building up a stable food security network and ensure procurement of at least 27.60 Lac M.T. of food grainfrom domestic and external sources to this end;d. Distribution of 7.50 Lac M.T. of food grain through OMS and Fair Price Card to stabilize the market price of food grains;e. Construction of a Concrete Grain Silo of 50 thousand M.T. Capacity at Mongla Port with ancillary facilities;f. Construction of 159 Food Godowns of 1 Lac 5 thousand M.T. Capacity in different parts of the country;g. Construction of Multistoried Ware House of Capacity 25 thousand M.T. at Santahar grain silo premises,Adamdighi, Bogra;h. Expansion of Digital Public Food Distribution System;i. Construction of Modern Flour mill at Postagola, Dhaka;j. Implementation of National Food Policy Capacity Strengthening Program (Phase-II)K. Construction of Modren food Storage Facilities; andl. Institutionalozation of Food Safety in Bangladesh for Safer Food.

Mobile courts would be empowered to judge food crimes, while PureFood Courts would be formed to ensure safe food, said Food Minister Qamrul Islam at a press briefing at the Secretariat on Thursday.

The Safe Food Act will replace the Pure Food Ordinance-1959.

But pending work, and cases and appeals filed under the ordinancewould be allowed to continue.

File Photo

Parliament passed the Safe Food Bill-2013 on Oct 7, 2013 and on Nov 23 last year, the High Court ordered the food ministry to implement the law within three months.

According to the previous ordinance, no one could directly file acase against an unsafe food producer, processor or seller. Now, that could be done under the new law, said Islam.

A letter had already been sent to the law ministry to form the Pure Food Courts, he said.

"The ministry has been sent a letter to include the Act in ‘Mobile Court Act-2009’ to have mobile courts under the Safe FoodAct.”

The minister said the ‘Safe Food Regulations-2014’ was formulatedin accordance with the Act.

He said a five-member panel, to be known as the Safe Food Authority, would coordinate the work of all bodies associated with safe food management.

It would supervise safe food management activities including foodproduction, processing, manufacturing, marketing, monitoring, andbetter practices and risk analysis, said the minister.

He also said the chairman of the Safe Food Authority would head a28-member Central Food Management Committee to be formed with

high-ranking representatives from the ministries, departments, agencies, and organisations.

“The committee would coordinate all administrations and organisations directly or indirectly involved with safe food management.”Mobile court: Mobile court ventilates a praiseworthy neo-paradigm in the whole gamut of enforcing laws in the adversarial legal tradition of common law system in Bangladesh. The very outline of mobile courts, in terms of its structure, legal basis, modus operandi, functioning, efficacy, judicial activism, etc. are concerned, it is axiomatically proved thatthe mobile court is an admixture of inquisitorial and adversarial legal traditions of civil and common law legal system as a “hybrid legal system” for ensuring justice through dynamic implementation of law. Mobile court is probably the most popular and effective government institution to materialize the laws which is a core demand of millions of down trodden people in Bangladesh, thereby providing anavenue of hope for this nation. At the infancy stage of mobile court, we discover multi- dimensional problems in terms of its functioning, legal basis, logistic support, acceptance to the vested segment and people at large. But notwithstanding these multi-faceted acid tests, mobile court takes place an unparallel and distinctive place to protect and preserve consumer protection, sound public heath, law & order situation and ultimately justice through the proper enforcing ofexisting concomitant laws. This is high time for all of us to launch profound research and investigations to find out its lacunae so as to establish a full-fledged and robust socio-legal background for mobile court so that it can work with its full bloom.

1. IntroductionMobile court ventilates a praiseworthy neo-paradigm in the whole gamut ofenforcing laws in the adversarial legal tradition of common law system inBangladesh. The very outline of mobile courts, in terms of its structure, legalbasis, modus operandi, functioning, efficacy, judicial activism, etc. are

concerned, it is axiomatically proved that the mobile court is anadmixture ofinquisitorial and adversarial legal traditions of civil and common law legalsystem as a “hybrid legal system” for ensuring justice through dynamicimplementation of law. Mobile court is probably the most popular andeffective government institution to materialize the laws which isa coredemand of millions of down trodden people in Bangladesh, thereby providingan avenue of hope for this nation. At the infancy stage of mobilecourt, wediscover multi- dimensional problems in terms of its functioning,legal basis,logistic support, acceptance to the vested segment and people at large. Butnotwithstanding these multi-faceted acid tests, mobile court takes place anunparallel and distinctive place to protect and preserve consumerprotection,sound public heath, law & order situation and ultimately justice through theproper enforcing of existing concomitant laws. This is high time for all of usto launch profound research and investigations to find out its lacunae so as toestablish a full-fledged and robust socio-legal background for mobile court sothat it can work with its full bloom.2. What is mobile court?The word “mobile” is an adjective which means Capable of moving or ofbeing moved readily from place to place and “court” generally signifies aninstitution in which disputes and conflicts are heard, argued anddecided on

the basis of law. In other words, court is an official, public forum which apublic power establishes by lawful authority to adjudicate disputes, and todispense civil, labour, administrative and criminal justice underthe law. Horizontal successes of mobile court to enforce lawsThe offenders who had hardly been punished for the violation of differentlaws are now facing trial and sentenced regularly due to the active operationsof the mobile courts. The offences under BSTI Ordinance which mobilecourtshave put into action are- Improper use of standard mark. Export of prohibited or restricted articles. Sale and distribution of articles prohibited. Penalty for obstructing inspector in discharging his functions,etc.The offences under the Penal Code which mobile courts have put intopracticeare- Adulteration of food or drink intended for sale Sale of noxious food or drink Adulterations of drugSale of adulterated drugs Sale of drugs as a different drug or preparationThe offences under the Pure Food Ordinance (Amendment) Act which mobilecourts have put into operation are- Manufacture and sale of adulterated food Sale and use of formalin, intoxicated food color etc. Manufacture or sale of food not of proper standard or purity Keeping adulterants in place where food is manufactured or sold.Activities of mobile courts encourage Government to amend existing laws towiden its area of functioning and powers. In the year of 2005 Governmentamended Pure Food Ordinance of 1959 and reset the offences and sentences.

Under this act the imprisonment and fine for different offences are:

Punishment Minimum (Tk) Maximum (Tk) FineFirst offence 2,500 75,000 Subsequentoffence25,000 taka 3,00,000 ImprisonmentFirst offence 3 Months 2 Years Subsequentoffence1 Year 3 Years

BSTI Ordinance has also been amended making the offences under BSTIordinance more strict and incorporated new offences. A Magistrateworkingunder BSTI ordinance has now been given specific authority to trycases atany place.

Statistics of the regulatory activities relating to the qualitative standardof goodsThis statistics will show how the activities of mobile courts help in theenforcement of the BSTI ordinance. It should be kept in mind thatBSTI(Amendment) Act, 2003 makes the function of mobile courts easy andeffective.

Problem in Citizens’ expectation from mobile courtDay by day expectation towards the mobile courts is increasing inatgeometrical scale. Among them the following areas demand high degree offocus -1. Workers who work in an unlawful factory or factory which makes

adulterated food are arrested. We hope that the offences of thesepooremployees who don’t have any choice but to work for their survivalwill be considered with sympathy and get free on humanitarianground.2. CNG and Taxi Cab drivers always claim more money than what isdue in the meter and don’t want to go everywhere. We sincerely hopethat mobile court will seriously look into the matter and take steps toarrest the trend and impose penalty.

3. The mobile courts can also play an important role if permittedby thegovernment, in ensuring that all classes at Govt. colleges and publicuniversities are held regularly and in time. In this regard educationalenvironment of the private universities may be examined.4. There are allegations that Government offices do not provide servicesthey are supposed to do. Government may empower mobile courts tofind out which officer is not present in his office or which officials areinsincere in their work or wasting time by reading newspaper leavingthe files incomplete.5. In case of Environmental protection and preservation, the mobile courtcan take place a vital role6. Last but not the least the mobile court should come forward withpragmatic solutions of effective law enforcement as the circumstancesdemand.10. Problems / impediments of Mobile CourtNo explicit provision of law: The mobile court does not have explicit legal

basis rather it has a vague, passive, indirect, precedent, publicwelfare, highdegree of acceptability and inductive maneuver to work with high commandof popularity. But the fragile legal tradition, lack of legal knowledge andvulnerable socio-economic reality demands the legible and easy identifiedlegal provision.Lack of human resource: Scarcity of man power is the fundamental problemof mobile court. Only 8-9 magistrates are working in this vast area of fragilelaw enforcing situation in addition of their of mainstream formalcourtactivities.Lack of logistic support: Though mobile court has highly laudableandpraiseworthy contributions, but it suffers from multi-faceted problems ofscarcity of logistic support. It does not have necessary vehicles, support staff,additional expenditure, etc.Lack of pubic awareness: We mark non co-operation and antagonistic viewsfrom the various segments representing vested interest. The businesscommunity, uneducated poor community, black marketer, cupidity,corruption, ethical waning, decadent of values, lack of inner sanction, etc.germinate many practical impediments and confrontational stands for mobilecourt.The Role of Mobile Courts in the Enforcement of Laws in Bangladesh- 94 -Lack of comprehensive approach: The functions, outline, structureandforseeability of the mobile court are very fragile, sporadic and short sighted.

In the long term it may not have sustainability and suffer from adaptability inthe future changing circumstances.Lack of liaison and combination between and among multi-dimensionalstakeholders: In the functions of mobile court we visualize the absence ofholistic approach of combination and liaison between and among the variousstake holders of the country and it often results in various bitterness.Lack of monitoring mechanism: Monitoring mechanism is the touchstone ofsuccess of any plan and project. In case of mobile court, this monitoringmechanism is virtually absent.11. Recommendations for effective functioning of mobile court1. Class I magistrates or sessions judges will be placed in each court,with power to follow the procedure of summary trial as prescribedin the Code of Criminal Procedures2. For dynamic and time-be-fitting mobile court there should be acombination of representatives from Metropolitan Police,Bangladesh Standards & Testing Institution, Bangladesh RoadTransport Authority, Dhaka City Corporation, Directorate Generalof Health and Bangladesh Rifles, under the supervision ofmagistrates.3. More human resource and logistic support should be provided4. Specific legal provisions should be made5. Adjective or procedural law should be made.6. Massive awareness program should be taken to enhance civicknowledge and to cooperate with mobile court.7. Modern and scientific technologies should be provided.8. Proper monitoring mechanism should be launched9. Media participation and involvement should be extended

12. Concluding RemarksMobile court brings a neo-dimension and a significant paradigm shift in theenforcement of laws in Bangladesh for the utmost consideration ofjustice.For long we have seen that the aggrieved people get delayed remedy and thatthe offender’s punishment is not commensurate with the degree of offencecommitted, in some cases they even go Scot free. Adulteration calls for severe punishment as public who consume these for long may fall victim to veryserious ailments, as serious as cancer, thus it is imperative that mobile courtscontinue their good work in society so that confidence of public in law isreinstated. The eclectic amalgamation of Adversarial and Inquisitorial legaltraditions of Common and Civil Law legal system reflected in Mobile Courtepisode creates a Hybrid legal system which proves its high degree of efficacyand prolific ness to materialize law to get the real flavor of justice. Thisphenomenon will ventilate, rejuvenate and strengthen the oath of patriotismand enhance the feelings of collectivity. The concerned state machineries,designated authority, civil society and other stake holders should takecombined venture to eliminate the problems of mobile court. But oneimportant aspect should be remembered with caution that mobile court isneither a substitution of mainstream court nor a panacea to enforce law asholistic approach rather it is a piecemeal and ad hoc maneuver inthe existingchaotic circumstances of law and order situation.