About the Formalin Control Act

Proper and effective implementation of the Act, consciousness of the general people about harm of formalin and ethical business mind of the businesspeople are required to control the abuse of formalin

Formalin Control Act, 2015 is the key law to combat against formalin in foodstuffs. The Act was enacted to control and prevent formalin in foodstuffs. Being concern about the fact that widespread use of formalin in foodstuffs poses a great threat to human health government enacted this Act. However, it is a matter of great sorrow that after the lapse of 2 years of enactment of the Act reportedly we found formalin in our food stuffs.  Evidently the Act fails to control formalin in foodstuffs.  It reveals the fact that this Act has some drawbacks which are required to address at earliest.

To control the uses of formalin and make legal framework for its violation within all over Bangladesh are the two main objectives of this Act (preamble of the Act). However, the provisions of the Act lack the coherent of these purposes. Also this Act allows government to exempt any institution from the jurisdiction of this Act by government gadget notification (section 37). It may vitiate the purposes of the Act. Apart from these it has the followings specific drawbacks:

The word in the very title of the Act ‘the Formalin’ narrows down the scope of the different government agencies to monitor and control other preservatives and chemicals equally harmful as of formalin for human health. Also the Act failed to define formalin comprehensively. As per the Act formalin means formalin, formaldehyde and para-formaldehyde. As the definition fall short to include other additives and preservatives in its definition explicitly unscrupulous businessmen may attempt to use other chemicals in foodstuffs for long shelf life of foodstuffs.

Chapter 2 of the Act deals with the license, imports, sales, hoarding of formalin. The Act did not prohibit import, sales and hoarding of formalin. It only put restrictions to take license for import, sales and hoarding of formalin. The Act empowers Deputy Commissioner to monitor the proper use of formalin. It is very unusual for a Deputy Commissioner (DC) to look after (a Deputy Commissioner is entrusted with enormous administrative works) whether a formalin licensee strictly follows the conditions of license issued under this Act. So the Act opens the window for unscrupulous businessmen to sales formalin in open market violating the conditions of license.

In chapter 3, the Act prescribes for a Formalin Control Committee. The Act did not prescribe anything about formation of the committee. Also it keeps silent about the members of the committee. However, the procedure of formation of the committee, its functions, meeting, etc will be determined by the Rules which is yet to be enacted.

Chapter 4 of the Act deals with the investigation, inquiry, arrest, searching, seizure, etc. The Act empowers DC to delegate power to any person subordinate to him to do the duties enumerated in the preceding line. It is noteworthy that dealing with offences related to formalin requires technical knowledge over it. However, the Act did not include any provision to determine the minimum required quality of an officer to deal with the matters under this chapter.

Chapter 5 deals with the offences under this Act and prescribes imprisonment and fine for the respective offences. In this chapter the Act prescribes minimum 6 months imprisonment to maximum imprisonment for life for the different offences committed under this Act.  Also the Act prescribes minimum fine BDT 50,000/= to maximum BDT 20, 00,000/= in addition to imprisonment. From this, it is evident that government tries to control and prevent formalin by taking deterrent method. The Act lacks the method of preventing formalin through creating consciousness among businessmen, consumers and regulatory authorities.

Chapter 6 deals with the miscellaneous things. Under this chapter government is empowered to enact rules for the better and effective implementation of the Act which is yet to be enacted.

However, we should keep in mind that law alone cannot stop use of formalin and other harmful chemicals in foodstuffs. Proper and effective implementation of the Act, consciousness of the general people about harm of formalin and ethical business mind of the businesspeople are required to control the abuse of formalin as well as formalin crime.

Shahnewaj is an Advocate and Research Officer (Law) at Bangladesh Institute of Law and International Affairs (BILIA). Rakiba Tasnim Lira is a student of law at North South University. Email: [email protected]

About the Formalin Control Act

Proper and effective implementation of the Act, consciousness of the general people about harm of formalin and ethical business mind of the businesspeople are required to control the abuse of formalin

Formalin Control Act, 2015 is the key law to combat against formalin in foodstuffs. The Act was enacted to control and prevent formalin in foodstuffs. Being concern about the fact that widespread use of formalin in foodstuffs poses a great threat to human health government enacted this Act. However, it is a matter of great sorrow that after the lapse of 2 years of enactment of the Act reportedly we found formalin in our food stuffs. Evidently the Act fails to control formalin in foodstuffs. It reveals the fact that this Act has some drawbacks which are required to address at earliest. To control the uses of formalin and make legal framework for its violation within all over Bangladesh are the two main objectives of this Act (preamble of the Act). However, the provisions of the Act lack the coherent of these purposes. Also this Act allows government to exempt any institution from the jurisdiction of this Act by government gadget notification (section 37). It may vitiate the purposes of the Act. Apart from these it has the followings specific drawbacks: The word in the very title of the Act the Formalin narrows down the scope of the different government agencies to monitor and control other preservatives and chemicals equally harmful as of formalin for human health. Also the Act failed to define formalin comprehensively. As per the Act formalin means formalin, formaldehyde and para-formaldehyde. As the definition fall short to include other additives and preservatives in its definition explicitly unscrupulous businessmen may attempt to use other chemicals in foodstuffs for long shelf life of foodstuffs. Chapter 2 of the Act deals with the license, imports, sales, hoarding of formalin. The Act did not prohibit import, sales and hoarding of formalin. It only put restrictions to take license for import, sales and hoarding of formalin. The Act empowers Deputy Commissioner to monitor the proper use of formalin. It is very unusual for a Deputy Commissioner (DC) to look after (a Deputy Commissioner is entrusted with enormous administrative works) whether a formalin licensee strictly follows the conditions of license issued under this Act. So the Act opens the window for unscrupulous businessmen to sales formalin in open market violating the conditions of license. In chapter 3, the Act prescribes for a Formalin Control Committee. The Act did not prescribe anything about formation of the committee. Also it keeps silent about the members of the committee. However, the procedure of formation of the committee, its functions, meeting, etc will be determined by the Rules which is yet to be enacted. Chapter 4 of the Act deals with the investigation, inquiry, arrest, searching, seizure, etc. The Act empowers DC to delegate power to any person subordinate to him to do the duties enumerated in the preceding line. It is noteworthy that dealing with offences related to formalin requires technical knowledge over it. However, the Act did not include any provision to determine the minimum required quality of an officer to deal with the matters under this chapter. Chapter 5 deals with the offences under this Act and prescribes imprisonment and fine for the respective offences. In this chapter the Act prescribes minimum 6 months imprisonment to maximum imprisonment for life for the different offences committed under this Act. Also the Act prescribes minimum fine BDT 50,000/= to maximum BDT 20, 00,000/= in addition to imprisonment. From this, it is evident that government tries to control and prevent formalin by taking deterrent method. The Act lacks the method of preventing formalin through creating consciousness among businessmen, consumers and regulatory authorities. Chapter 6 deals with the miscellaneous things. Under this chapter government is empowered to enact rules for the better and effective implementation of the Act which is yet to be enacted. However, we should keep in mind that law alone cannot stop use of formalin and other harmful chemicals in foodstuffs. Proper and effective implementation of the Act, consciousness of the general people about harm of formalin and ethical business mind of the businesspeople are required to control the abuse of formalin as well as formalin crime. Shahnewaj is an Advocate and Research Officer (Law) at Bangladesh Institute of Law and International Affairs (BILIA). Rakiba Tasnim Lira is a student of law at North South University. Email: [email protected]