Iodized Salt (Production, Sale and Distribution) Act, 2055 (1998)


Published: 1998

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THE IODIZED SALT ACT, 2055 E

Iodized Salt (Production, Sale and Distribution)
Act, 2055(1998)
Date of Authentication and Publication
2055.10.1 (15 Jan, 1999)
Amendment
Republic Strengthening and Some Nepal Laws
Amendment Act, 2066 (2010)1 2066.10.7 (21 Jan. 2010)
Act N umber 16 of the year 2055 (1998)
An A ct made to provide for iod ized sal t
Whereas, it is expedient to make provis ion for the produc tion,
impor t, supply, sa le, dis tr ibut ion of iodized sa lt in a proper quant ity
and for mix ing iodine with sa lt in order to prevent and eradicate
extensive and ser ious effects caused to public hea lt from iod ine
deficiency;
Now, there fore, be it enacted by Parl iament in the Twenty
Seventh reign of H is Ma jesty K ing Birendra Bir Bikram Shah De v.
Chapter-1
Preliminary
1. Short ti tle and commencement: (1) This Act may be cal led
as the "Iod ized Salt (Produc tion, Sa le and D istr ibut ion) 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 such area on such date as
the Go vernment of Nepa l may appoint, by a Not if ica ton in the
Nepal Gaze tte.
2. Defin itions: Unless the subject or the context otherwise
requires, in this Act :
(a) " iod ized sa lt" means the iodized salt in granular or
pow der form w ith m inimum 96 percent sodium chloride,
white, pa le p ink or light grey in co lour, free from visib le
contam ination with c lay, grit and other extraneous
adulterant and impurit ies and with qua lity standard as
f ixed pursuant to Sec tion 15.
(b) "permit" means the perm it to be issued pursuant to
Sec t ion 7 for the product ion, import, supply or sale and
d istr ibut ion of the iodized sa lt.
(c) "Commit tee" means an iodine defic iency disorder
prevention committee const itu ted pursuant to Sec t ion 12.
(d) "product ion" means the manufac tur ing of iodized sa lt by
mix ing iodine with iodine free sa lt.
(e) "producer " means any person or organizat ion having
obta ined the permit who is in volved in product ion
d irect ly or through an agent or controlled person by
agreement or under agreement.
(f) “organiza tion” means a firm, company or body corp rate
registered under the preva il ing law.
(g) “ impor t” means an act of importat ion of iodized sa lt or
iod ine free salt in to Nepal.


(h) “ impor ter” means a person or organizat ion having
obta ined permit to import iod ized sa lt.
( i) “supply” means the act o f delivery of iod ized salt to a
d ist r ibutor or consumer.
( j) “supplier” means a person or organizat ion having
obta ined permit to supply iod ized sa lt.
(k) “sa le and d istr ibution” means pro vis ion of informat ion
service of iodized salt, promot ion, adver t isement,
d ist r ibut ion of sample of iod ized sa lt and market ing such
salt, on beha lf of the producer.
( l) “dis tr ibutor” means any person engaged in the sale and
d istr ibut ion of iod ized salt by wholesa le or reta il.
(m) “ inspector” means an inspec tor appointed or designated
pursuant to Sub-sect ion (1) o f Sect ion 18.
(n) " label" means a tag, symbol, pic ture or other dscr ipt ive
thing written, pr inted, lithographed, symbol ized,
embossed or inc luded or otherwise particularized in a
package used to pack iodized sa lt.
(o) “sample" means a small quant ity o f iodized sa lt prepared
for the test or for business promotion.
(p) “prescr ibed" or “as prescr ibed” means prescr ibed or as
prescr ibed in the rules framed under th is Ac t.





Chapter-2
Provisions relating to permit
3. Prohibition on import, purchase and sale of iodine free
sal t: No person sha ll impor t in to Nepal and purchase and se ll
iod ine free sa lt w ithout obtain ing permission as prescribed
from the committee.
4. Permit to be obtained to produce, import, supply, sell
and distribute iodized sal t: A person or organizat ion
intending to produce, import, supply, sell and d is tr ibute iodized
salt has to obta in the permit pursuant to this Act.
5. Application for permit: A person or organiza t ion in tending
to obtain the permit pursuant to Sect ion 4 has to make an
appl ication, accompanied by the fees as prescribed, to the
committee, in the format as prescribed.
6. Inquiry regarding issue of permit: Where an applicat ion is
made under Sect ion 5, the committee sha ll inquire into the
follow ing matters:
(a) Technica l aspect and capac ity for the product ion, import,
supply, sa le and d istr ibution of salt,
(b) Financ ia l status of the applicant,
(c) I f iod ine free salt is to be impor ted for the purpose of
production, feasib ility study report the reon,
(d) I f the imported iod ine sa lt is to be supplied, sold and
d istr ibuted, a feasib ility s tudy report thereof and other
necessary documents perta inin g thereto,


(e) Areas where iodized sa lt is supplied, sold and d is tr ibuted,
(f) Other necessary matters as prescr ibed.
7. Issuance of permit: I f, the committee considers, upon having
made inquir ies pursuant to Sect ion 6, that the applicant is
competent to produce, import, supply, sell and d istr ibute
iod ized salt, the commit tee sha ll issue the permit to the
appl icant in the prescribed format.
8. Period and renewal of permit: (1) Except where the perm it
is revoked ear lie r pursuant to Sec tion 11, the per iod of the
permit for produc t ion shall be for a maximum per iod f Fifteen
years and the per iod of the perm it for import, supply, sale and
d istr ibut ion sha ll be for a maximum period of Three y ars.
(2) No later than at least s ix months pr ior to the
expira t ion of the per iod as referred to in Sub-section (1), an
appl ication, accompanied by the fees as prescribed, has to be
made to the commit tee in the prescr ibed format for the renewal
of the permit.
(3) Where an application is not made for the renewal of
permit w ith in the time lim it as re ferred to in Sub-sect ion (2),
the permit sha ll not be renewed; the permit which so expires
sha l l be deemed to be i pso fac to cance led.
9. Permit not to be issued: Where a perm it is issued to any
person or body for the produc t ion, impor t, supply, sale and
d istr ibut ion of iodized sa lt in any spec if ied area, no perm it
sha l l be issued to any other person or body for the produc tion,
impor t, supply, sa le and d istr ibut ion of iodized salt in the same
area during the per iod spec if ied in the permit.


Pro vided tha t, if the commit tee comes to learn tha t the
person or body having obta ined permit has not been able to
produce, import, supply , sell and d is tr ibute the iod ized sa lt as
demanded in the area mentioned in the permit and the matter
appears to be reasonable on holding an inquiry as prescr ibed,
the commit tee may give perm it to any other person or b dy to
produce, import, supply, se ll and d istr ibute the iod ized salt.
10. Terms to be fol lowed by person or body having obtained
permit: The technical and manager ial te rms required to be
followed by the person or body having obtained permit in the
course of product ion, import, supply, sa le and d istr ibut ion of
salt shall be as prescr ibed.
11. Power to revoke permit: (1) If a person or body having
obta ined perm it does not follow the terms required to be
followed pursuant to Sec t ion 10 in the course of produc tion,
impor t, supply, sale and d is tr ibut ion of iodized salt, the
committee may give necessary order to such person or body to
observe such terms, w ith spec ificat ion of ce rta in per iod.
(2) If the person or body having obta ined perm it does not
carry out the order w ith in the period spec if ied purs ant to Sub-
sect ion (1), the committee may revoke the perm it of such
person or body.
(3) Pr ior to the revoca tion of permit pursuant to Sub-
sect ion (2), the commit tee shall g ive a reasonable opportunity
to the concerned person or body having obtained perm it to
furn ish explana tion.


(4) A person or body who is not sa t is f ied w ith the
dec ision made by the commit tee to revoke perm it pursuant to
Sub-sect ion (2) may make an appea l to the Minis try w ith in
Thir ty Five days.
Chapter-3
Iodine Deficiency Disorder Prevention C ommittee
12. Iod ine Deficiency Disorder Prevention Committee: (1)
There shall be formed an Iodine Defic iency Disorder
Prevention Commit tee consist ing of the cha irperson a d
member as follows in order to make implementat ion pursuant to
the pol ic ies and d irections of the Government of Nepal.
(a) Secretary, Minis try of Hea lth
and Popula t ion
Chairperson
(b) Representa t ive ( Gazetted First
Class), Min istry of Industry

Member
(c) Representa t ive ( Gazetted First
Class), Min istry of Suppl ies

Member
(d) Representa t ive ( Gazetted First
Class), Min istry of Commerce

Member
(e) Representa t ive ( Gazetted First
Class), Min is try of Health and
Populat ion

Member
(f) Chief, Central Food Member


Laboratory
(g) Representa t ive, Chamber of
Commerce and Industry

Member
(h) Two persons nom ina ted by the
Go vernment of Nepa l from
amongst the persons or bodies
in volved in the produc tion,
impor t, supply, sa le and
distr ibut ion of iodized sa lt




Member
(i) Nutr it ion spec ia list nominated
by the Government of Nepal

Member
(j) One person on behalf of
consumers
Member
(k) Such off icer in the Min is try of
Health and Populat ion as
designated by the Government
of Nepa l

Member
Secretary

(2) The tenure of off ice of the members as re ferred to in
Clauses (h), ( i), ( j) and (k) and the member secreta y sha ll be
Two years and they may be re-nominated.
(3) The commit tee may in vite an expert as an obser ver at
its mee ting.
(4) The Go vernment of Nepa l may, by a not if icat ion in


the Nepa l Gazette, make necessary alteration or change in
respect o f the members.
(5) The Secretariat o f the commit tee shal l be loca ted at
the Minis try of Health and Populat ion.
(6) The Go vernment of Nepa l sha ll pro vide such budget
as may be required for the committee.
13. Meeting of committee: (1) The committee shall hold its
meeting at least four times a year.
(2) The meeting of the commit tee shall be he ld at such
p lace, time and date as may be spec ified by the chairperson.
(3) The presence of Fifty percent members of the
committee sha ll be deemed to const itute a quorum for a
meeting of the committee.
(4) A ma jor ity op inion sha ll pre va il a t the meeting of the
committee. In the event of a t ie, the cha irperson sha ll exerc ise
the casting vote.
(5) The dec isions of the Council shall be authent ica ed by
the member secre tary.
(6) Other procedures re lat ing to the meet ing of the
committee shal l be as de termined by the committee its lf.
14. Functions, duties and powers of committee: In addit ion to
the other func t ions, dut ies and powers mentioned in this Act,
the funct ions, dut ies and powers of the commit tee sha ll be as
follow s:


(a) To appro ve, as prescr ibed, the labe l and package of
iod ized salt subm itted by a producer, importer, supplier
and dis tr ibutor.
(b) To make coord inat ion in ac t ivit ies on the publicity of
informat ion and educat iona l mater ials re lat ing to iodized
salt.
(c) To make super vis ion and monitor ing as prescr ibed as to
whether the provisions of th is Act and the ru les framed
hereunder have been fo l lowed or not.
(d) To give necessary direct ion to the inspec tor to invest iga te
and f ile case aga inst a person who produces, impor ts,
supplies, se l ls and d istr ibutes iodized sa lt or iodine free
salt in contravent ion of the provis ions of th is Ac t and the
Rules framed hereunder.
Chapter-4
Certif ication of Quality and Approval of Label
15. Standards: (1) The required standards of iodized sa lt at the
t ime of its product ion, import, supply, sa le and d is tr but ion
sha l l be as f ixed or recommended by the standards commit tee.
(2) The Go vernment of Nepa l sha ll publ ish in the Nepal
Gazette the standards of iodized sa lt f ixed or recommended by
the commit tee pursuant to Sub-sect ion (1).
(3) The Centra l Food Laboratory shall have powers to
examine whe ther the iodized sa lt produced in or impor ted in to
Nepal conforms to the standards as mentioned in Sub-sect ion
(1).


(4) The iod ized sa lt arr iving the expiry date of standards
f ixed pursuant to Sub-sect ion (1) sha ll not be supplied, so ld or
d ist r ibuted, or caused to be suppl ied, sold or d istr ibuted, in
marke ts.
(5) The procedures to be followed by the producer,
impor ter, supplier, se ller and d is tr ibutor in pack ing and
transport ing the iodized sa lt sha ll be as prescr ibed in order to
prevent degradat ion in qua l ity o f iod ized salt, adulterat ion
therein and infect ion thereof.
16. Certi fication of standards: (1) A producer, dea ler or
d ist r ibutor sha ll, pr ior to the sa le and d is tr ibut ion of iodized
salt through a dea ler in Nepa l, ge t it exam ined and standards
thereof cert if ied by the Centra l Food Laboratory.
(2) In the case of iodized sa lt already produced or
impor ted and marketed pr ior to the commencement of his Act,
its producer or supplie r or d istr ibutor shall ge t it exam ined by
and obta in certif icat ion of standards from the Central Food
Labora tory no later than six months after the da te of
commencement of th is Act.
(3) The producer, impor ter or dis tr ibutor shall, for
purposes of Sub-sec tions (1) and (2), make an appl ica tion,
accompanied by a sample of iod ized salt and the requir d fee,
to the Centra l Food Laboratory, in the prescr ibed format.
(4) O n receipt of the sample accompanied by the
appl ication pursuant to Sub-sect ion (3), the Central Food
Labora tory sha ll test it whether it conforms to the standards


f ixed pursuant to Section 15 and cer tify the standards thereof if
it is found to conform to the standards fixed.
17. Approval of Label: (1) Pr ior to the sa le and d istr ibution of
iod ized sa lt produced in or impor ted in to Nepa l, its producer or
impor ter or dis tr ibutor sha ll make an applicat ion, accompanied
by the fees as prescr ibed, to the commit tee for approva l o f a
labe l o f such iodized sa lt.
(2) In the case of iod ized salt a lready produced in or
impor ted into Nepal pr ior to the commencement of this Act, its
producer or supplier or dis tr ibutor sha ll ge t its labe l approved
by the commit tee no la ter than s ix months a fter the date of
commencement of th is Act.
(3) The producer, supplier or dis tr ibutor sha ll preare the
labe l o f iod ized salt in such a manner as to give necessary
informat ion about, and encourage, the proper uses of iodized
salt.
(4) A c lea r and easily understandable message with
follow ing in format ion shal l be pr in ted in the labe l in the Nepa li
language, and in the English language as per necessity:
(a) A logo as approved by the committee,
(b) Full name and address of the producer and
packaging person or body,
(c) Net we ight o f iod ized sa lt in the package,
(d) Year and month of the packaging,
(e) Iod ine content in PPM,


(f) Measures and techniques to be fol lowed to
avoid the loss, deprec iat ion and dec rease of
iod ine,
(g) Expiry date of standards of iodize salt,
(h) Other informat ion as prescr ibed.
18. Appointment, functions, duties and powers of inspector:
(1) The Min istry may, on recommendat ion of the committee,
appoint the inspectors in the required number in order to
inspect and inquire into whe ther the producer, importer,
supplier and d istr ibutor have observed this Act or the Rules
framed under th is Ac t or may, w ith the appro val o f the
concerned body, designa te any employee incumbent in the
service of the Government of Nepa l to ac t as an inspector.
(2) The qua l ificat ion required for the inspec tor shall be as
prescr ibed.
(3) The inspector sha ll inspect and inquire into, as
prescr ibed, whether the producer, importe r, supplier and
d istr ibutor have observed th is Act or the rules framed under
this Ac t and submit a repor t thereof to the commit tee.
(4) The functions and powers of the inspec tor, other than
those mentioned in Sub-sec tion (3), shall be as prescr ibed.
Chapter-5
Information, Education and Obligations of Health
Institutions
19. Information and education on iodized sal t: (1) The
Min istry shall grant approva l for the propaga t ion of use ful


informat ion and educat ional ma ter ia ls about iodized sa lt, in
writ ten, audible or visib le form.
(2) The in format ion and educat ional ma ter ials about
iod ized salt as re ferred to in Sub-sec tion (1) sha ll be of such
k ind as to provide c lear informat ion about the fo llowing
matters:
(a) Necessity and impor tance of iodized sa lt for the
health of human be ings and anima ls,
(b) Benefits from the use iod ized salt,
(c) Possible e ffec ts on the hea lth of human beings
and anima ls from eating or feeding non- iodized
sa lt,
(d) Difference of pr ice between iod ized salt and
non- iod ized sa lt,
(e) Ways and techniques to be fo llowed to avoid
loss or e vaporat ion of iod ine m ixed with
iodized sa lt.
(3) Only the cor rect and use ful in format ion sha ll be
contained in the in formation and educa t ional mater ia ls as
refe rred to in Sub-sec t ion (2) and sha ll be such kind as to
d iscourage the use of iodine free sa lt.
20. Obligations of health insti tution: (1) The Ministry sha ll
give necessary order and direct ion to the hea lth institut ion to
adopt necessary measures to encourage the genera l public to
consume iod ized salt.


(2) It sha ll be the duty of the hea lth institut ion to car ry
out the order and d irec tion given by the M in istry pursuant to
sub- sect ion (1).
21. Powers to suspend or cancel license, permit or
authorization: (1) If, based on the repor t submit ted by the
inspector under Sub-section (3) of Sect ion 18, it appears that
any producer, d is tr ibutor, importer, suppl ier, seller and
d istr ibutor have not observed th is Act or the Rules or d irect ion
or order framed or issued under th is Act, the Min istry may, on
recommendation of the committee, wr ite to the concer ed body
to suspend or cancel the license, perm it or author ization which
such producer, dis tr ibutor, importer, supplier, se ller and
d istr ibutor have obta ined from the Go vernment of Nepa l or any
other body.
(2) Where writ ing is made to it pursuant to Sub-sect ion
(1), the concerned body sha ll also take necessary action to
suspend or cancel such license, permit or authorizat ion.
Chapter-6
Offense and Punishment
22. Offense considered to be committed: I f one does an act as
follow s, one shall be deemed to have commit ted the off nse as
refe rred to in th is Act :
(a) Import, sale or d ist r ibut ion of iod ine free salt in to or in
Nepal w ithout obta in ing approva l of the commit tee
pursuant to Sec tion 3,


(b) Produc tion, impor t, supply, sa le or dis tr ibut ion f iodized
salt in to or in Nepal w ithout obtain ing perm it pursant to
Sec t ion 4,
(c) Produc tion, import, supply, sale and d istr ibution of
iod ized salt that do not conform to the standard fixed
pursuant to Sec tion 15,
(d) Any act o ther than the acts mentioned in c lauses (a), (b)
and (c), in contra vent ion to th is Ac t and the ru les framed
hereunder.
23. Punishment: One w ho commits an offense as referred to in the
follow ing c lauses of Section 22 sha l l be punished as fo llow s:
(a) One who commits the offense as re ferred to in clauses
(a), (b) and (c) sha ll be punished w ith a f ine equivalent to
the amount in contro versy, w ith confiscat ion of the
amount in contro versy, or w ith impr isonment for a term
not exceeding One year or w ith both.
(b) One who commits the offense as re ferred to in Clause (b)
sha l l be punished with a f ine not exceeding One
Thousand Rupees, according to the nature of o ffense.
Chapter-7
Miscellaneous
24. Liability of body: I f any body commits any act considered as
an offense pursuant to th is Ac t, the officer who acts as the
chie f admin istrat ive officer of that body shall be l iab le to
punishment.


Pro vided that, such person sha ll not be liab le to
punishment for an offense committed prior to his /her be ing
chie f adm in istrat ive off icer.
25. Powers to form sub-committee: (1) The commit tee may, as
per necessity, form a sub-committee for the implementat ion of
the pro vis ions conta ined in th is Act and the Rules framed under
this Ac t.
(2) The funct ions, dut ies and powers and procedures of
the sub-commit tee to be formed pursuant to Sub-sec tion (1)
sha l l be as prescr ibed by the committee.
26. Delegation of powers: The commit tee may, as per necessity,
delega te any of the powers conferred to it pursuant to his Act
to the cha irperson or any member of the committee or convener
of member of a sub-commit tee or o fficer 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
invest iga te a case re lated with an offense punishable under th is
Act and, after complet ion of such in vest igation, file a case in
the Distr ict Court.
(2) In in vest iga ting and f i ling the case pursuant to Sub-
sect ion (1), the inspector sha ll seek advice of thegovernment
attorney.
29. Powers to frame Rules: The Government of Nepal may frame
necessary Rules in order to implement the object ives of th is
Act.