Consumer protection laws applicable to the food service industry

The recent series of events in restaurants throughout Bangladesh serves as a reminder of the importance of consumer protection laws. There have been many incidents of complaining about the quality of food served in restaurants in recent times. It is a matter of regret that most of these complaints remain on social media only and the concerned authorities fail to uncover and strictly handle the ill-practices. In this regard, rhe Consumers Right Protection Act, 2009 is a crucial measure designed to safeguard the rights of consumers in the country.

The Act acknowledges various consumer rights such as the right to safety, right to information, right to choose, right to be heard, and right to seek redressal. The National Consumers Right Protection Council is assigned to carry out the purposes of this Act. This Act outlines punishment with imprisonment for a term not exceeding 3 years, or with fine not exceeding Taka 2 lacs, or with both for selling adulterated goods or medicine, for mixing prohibited materials in foodstuff under sections 41 and 42 respectively.

But complaints regarding any anti-consumer practice under this Act must be made within 30 days of the incident as per section 60. Otherwise, the complaint will not be accepted. Moreover, it is worth noting that any complaint filed must be approved by the Director General (DG) of the Consumer Rights Protection Department before the court can entertain it. By requiring the approval of competent authorities before a case can proceed, the law ensures that complaints are thoroughly evaluated, and only valid claims are pursued. Further, section 76 of the Act enunciates that if the allegations are found to be true, the complainant will receive 25% of the realised fine as compensation. This provides the complainants with monetary compensation as soon as their allegations prove to be true. But if anyone falsely files a case with a motive to harass any person, business or service provider or to defame him publicly or to damage his business reputation, he shall be punished with imprisonment for a term not exceeding 3 years, or with fine not exceeding Taka 50 thousand, or with both as per section 54 of the Act.

The 2009 Act can also be used to establish a system of food testing and certification. This can help ensure that restaurants serve safe and healthy food to consumers. To execute the purpose of the Act, the Consumer Rights Protection Rules 2020 was enacted. These rules primarily outline the process to be adhered to in implementing the provisions of the Act. Moreover, the Food Safety Act of 2013, similar to the Consumer Act of 2009, offers civil and criminal remedies for violations, including fines and imprisonment. Offences under sections 25, 26, 28, 34, and 35 of the 2013 Act include selling adulterated or sub-standard food, using recycled oil in food, selling decomposed milk or dead animals, and serving hazardous food due to negligence.

The Writer is a Student of Law, University of Dhaka.