ed youths. This sector, however, does not have separate legal identity of its own.

Restaurants fall under various categories: some employ traditional artists who entertain
clients with traditional music and by singing folk songs, others employ young girls who
dance to Bollywood and Nepali songs while some restaurants have small cubes where
guests are taken care of by a single attendant who are mostly females.
However, the exact number of restaurants is not yet known. Entrepreneurs of this sector
estimate that there are at least 1,200 restaurants where more than 50,000 people are
employed.
Most restaurants are registered under different Acts under different authorities some
are registered under the Small and Cottage Industries Act, the Local Governance Act
and the Tourism Act while others are operating without permission from any authority.
This has led to these employees being deprived of the facilities and services offered by
the state. Also the government is at loss as there is no proper mechanism by which tax is
levied on these business ventures. The lack of a mandatory legal system to register the
restaurants has resulted in the mushrooming of such establishments and is also leading
to disorder and a state of lawlessness in these places.
Restaurants are being opened everywhere without proper rules and regulations. An
authorised monitoring body could help in regulating this business and also monitor the
environment of the workplace, the locality in which
such restaurants could be run, and the code of conduct that the entrepreneurs, clients
and workers should follow, said Manoj KC, president of the Restaurants Association
of Nepal.
KC added some of these restaurants are operating under unhealthy environment
resulting in negative effects on both the service providers and seekers as well as the
neighbourhood.
This lucrative sector has attracted many investors, but it is still unstable. The basic job
criterion for the workers are willingness to work till late and serve clients especially

male, which help earn a regular salary, huge tips plus perks from the employers for
bringing in customers.
In view of this situation, the Ministry of Women, Children and Social Welfare
(MoWCSW) formed a sub-committee in January 2007 to study the existing legal
prospects of the cabin and dance restaurants. The team includes representatives of the
Ministry of Industry, Commerce and Supplies, Ministry of Law, Justice and
Parliamentary Affairs, Ministry of Home, Ministry of Labour and Transport
Management, Department of Small and Cottage Industries, Metropolitan Police Crime
Division and non-government organisations such as WOREC, Rahat, Maiti Nepal and
Nepal Restaurant Entrepreneurs Association.
The sub-committee came up with a report titled Identification of problems of
women working in cabin, dance restaurants and massage parlours and their
solution. The report stressed on the need for a code of conduct to run the restaurant
that includes workplace environment, the locality to run these restaurants, and working
hours.
The NGOs working for women say this has become a place where sex related crimes
mostly take place. Some organisations have been rescuing women from this sector and
have been providing them vocational training.
Working at a cabin restaurant is not permanent employment so contracts and job
appointment letters would ensure job security, said Sulakshana Rana, programme
officer at SAATHI.
Our organisation is helping them get training in various sectors which they find
suitable. They are being trained in Thanka painting, driving, community health service
etc, she added.
The report has been submitted to the Supreme Court. A verdict from the apex court on
how to regulate this sector is expected soon. Until a proper mechanism is introduced
and all the stakeholders join hands, regulation of this sector seems a far-fetched dream.

Food Safety Regulation in Nepal

by Yadav Sharma Bajagai

Introduction

Being member of different international organizations, Nepal has many food safety related
obligations to comply with rules and regulations of those organizations. Food safety related
issues started to become matter of increased concern and one of the priority areas of the
government after the country has become member of the world trade organization (WTO) in
2004.

Being a developing country, food chains are generally long in developing countries like
Nepal as compared to those in developed countries due to poor infrastructure which makes
the food more vulnerable to be contaminated with harmful agents (microorganism and
chemicals). In addition, infrastructures related to technical regulation, conformity
assessment and safety of food are still in developing phase which requires more focus and
investment for better functioning. Similarly, Inspections and regulation of food related
business are challenging and difficult due to scattered and large number of primary
producers, traders and retailers.

Legislations to regulate food safety

Regulation of the safety of food in Nepal began in 1966 by enforcing the food act by the
government. Although food safety regulation began as early as 1966, its importance was
increased after 1990s due to increased economic liberalization and international trade.
Traditionally, food safety related rules and regulations were basically based on inspecting
and analysing end products to ensure safety of the food. But this approach has been
increasingly replaced by total quality management i.e. farm to fork approach which focuses
on all level of production, processing, transportation and trading. Modern food safety
related regulations and policies have been generally formulated following codex principles
and guidelines focussing on preventive measures to produce safe food. Similarly, existing
regulations and standards have also been reviewed to make them complying with codex
standards wherever feasible according to national regulation and infrastructures.

Requirement for international markets and provisions under sanitary and phytosanitary
(SPS) agreement as a member of WTO made the government impose regulations and
standards to ensure food safety and to protect human, animal and plant health from exotic
pests and diseases. Most of the new regulations are under three food safety related parent
statutory laws namely Food Act 1966, Plant Protection Act 1972 and Animal Health and
Livestock Services Act 1998.
Although Nepal, being a member of WTO, is bound to formulate and enforce sanitary and
phytosanitary measures based upon the standards, guidelines and recommendations of
Codex Alimentarius Commission, the International Animal health Organization (OIE) and
the International Plant Protection Convention (IPPC), the country is still not adopting all
international standards and guidelines due to lack of adequate resources. Similarly, Hazard
Analysis and Critical Control Point (HACCP) is still not mandatory for food producers,
processor and handlers in Nepal. But, the country is giving priority to review and reform
existing legislation on food safety to comply with international regulations and standards.

2.1

Food act 1966 and Food rules 1970

Food act 1966, which has been amended several times, is the primary legislation governing
regulation of food safety in Nepal. The act and rules are continuously being amended as an
attempt to comply with international standards and guidelines.
However, the food act and any other legislation has no provision to regulate the traceability
of the food items which should be addressed to keep track of the food.

2.2

Plant protection act 2007 and Plant protection rules 2010

These legislations regulate the trade of plants and plant products. The major objective of the
act is to protect national or regional fauna by preventing introduction, establishment,
prevalence and spread of pests while during trade of plant and plant products. The act has
provision to designate any national level office as National Plant Protection Organization.
Similarly, the act has also provision relating to entry permit, sanitary certification and reexport certificate of plant and plant products. Pest control provision has also been included
in the act.

2.3

Animal health & livestock services act 1998 and Regulations 1999

The animal health and livestock service act 1998 and regulations 1999 have been formed
and enforced for healthy production, sale and distribution of animal and their products. The

act also regulates import and export of livestock, their products and livestock production
material important for food and health purpose of the people. The act made the provision
for animal quarantine posts to regulate the import of animals, animal products and animal
production materials.

2.4

Others

There are several other legislations which directly or indirectly regulate food safety.
Following legislations affect the food safety and quality sectors either directly or indirectly.

The Pesticide Act 1991 and Regulations 1993 regulate the use of pesticides in agriculture
including maximum residue limit of pesticides.

Animal Slaughterhouse & Meat Inspection Act 1999 and Regulations 2001 regulates
safety of meat

Institutional infrastructure to regulate food safety

Quality infrastructures with well defined roles and responsibilities with integrated
legislation and monitoring system will ensure safe food to the public and goodwill for
international trade. In Nepal, food safety and quality management lies under the
jurisdiction of Ministry of Agriculture and Cooperatives. Department of Food Technology
and Quality Control (DFTQC) under Ministry of Agriculture and Cooperatives is the major
government institution responsible for food safety and quality management. Enforcement of
food act 1966 is the major regulatory activity of the DFTQC. Although food safety related
matters are mostly handled by the DFTQC, Department of Agriculture (DoA) and
Department of Livestock Services (DLS) share some responsibilities to regulate food safety.
Similarly, Nepal Council for Standards (NCS) and Nepal Bureau of Standards and Metrology
(NBSM) are the governing body for food related standards.

Generally, DFTQC is responsible to regulate food in the market and ready to eat food while
DoA and DLS are responsible to regulate primary production and some processing. But
there are lots of gaps and overlaps in the roles and responsibilities of these organizations
which make the regulation process more complicated. Similarly, Ministry of Health and
Population is also involved in the process for epidemiological study of food related illness.
Lack of coordination among different government institutions is reducing their efficiency.

Consumer groups organized in different organization are also actively involved in creating
awareness to the general public and creating pressure to the government in the formulation
and implementation of the rules and regulation.

3.1

Department of Food Technology and Quality Control (DFTQC)

Department of Food Technology and Quality Control, which is established in 1961, is the
competent authority which has mandate to enforce rules and regulations regarding food
safety and quality management to ensure the availability of safe and quality food. Following
are the major activities of DFTQC regarding food safety and quality management:

Food inspection and checking compliance of food industry and retailers.

Licensing and record keeping of food industries.

Work as SPS inquiry point and communicate about SPS related rules,
regulations and standards.

Standardization and harmonization of food.

Certification for export and import of food.

Execution of consumer awareness activities about food safety and quality.

Development of appropriate food technology and training.

Department of Livestock Services (DLS)

3.2

Department of Livestock Services also share some responsibilities for the implementation of
rules and regulation in animal production to ensure safety of animal origin food.
Enforcement of Animal Health & Livestock Services Act 1998, Animal Health & Livestock
Services Regulation 1999, Animal Slaughterhouse & Meat Inspection Act 1999 and Animal
Slaughterhouse & Meat Inspection Regulation 2001 is under the jurisdiction of this
department. Animal disease surveillance, management of animal quarantine check posts,
regulation of drug and hormone used in food animals are some of the major responsibilities
of the DLS.

3.3

Department of Agriculture (DoA)

Department of Agriculture (DoA) is generally responsible to enforce food safety related rules
and regulation in pre-harvest agriculture production system. Enforcement of Plant
Protection Act 1972 comes under the jurisdiction of DoA. Extension of Good Agricultural
Practice (GAP) to the farmers, pest surveillance, pest risk analysis and management of plant
quarantine check posts are some of the major activities of the DoA to ensure safety of plant
origin food.

3.4

International membership

In the present world of interdependence and economic globalization international

relationship, bilateral and multilateral agreements and international trade also affects the
policy, rules and regulations of a country. The country has to comply with the rules and
regulation of such international organization and agreements. Nepal is the member of
following international organizations which affects the food safety related policy, rules and
regulations.

Codex alimentarius commission

World trade organization (WTO)

Food and agriculture organization (FAO) of the United Nations (UN)

South Asian association for regional cooperation (SAARC)/

World organization for animal health (OIE)

Bay of Bengal Initiative for Multi-Sectoral Technical and Economic

Cooperation (BIMSTEC)

Food Standards

National Council for Standards (NCS) is the government body responsible to approve and
endorse Nepalese standard. Nepal Bureau of Standards and Metrology (NBSM) acts as the
secretariat for the NCS which prepares the country standards (Nepal standard) of food
products and methods of food processing. There are more than 100 Nepal standards in food
sector related with food, food processing, transport and storage (table 1). Nepal is one of the
active members of South Asian Regional Standards Organization (SARSO) established in
1999 and has been involved in the formation of regional standards of food and food
processing methods. In addition, a separate government institution called Food
Standardization Board (FSB) is present according to the provision in the Food Act 1966
which make recommendations to the government about food standards, principles and
guidelines according to international practices and principles.

Table 1: Number of Nepal Standards related with food, food processing, transport and
storage. Source: Department of Food Technology and Quality Control (2009)
Food groups

No. of standards

Milk and milk products

18

Fats and oils

16

Fruit and vegetable products

17

Spices and condiments

22

Tea, coffee, cocoa and their products

Salt

Cereals, pulses, and their products

23

Processed drinking water

Sweetening agent

Sweets and confectionary

Total

109