Death penalty proposed for hoarding

The food ministry is going to be tougher on hoarding as it proposes capital punishment or life imprisonment against the offenders.

Seeking opinions from the stakeholders, the ministry recently uploaded on its website the draft of Production, Storage, Movement, Transportation, Supply, Distribution, and Marketing of Foodgrains (Prevention of Prejudicial Activity) Act-2022.

Talking to The Daily Star yesterday, Food Secretary Ismiel Hossain said, "We had a meeting with the stakeholders on Wednesday in this regard… The draft will be finalised within 10 days."

According to the proposed act, storing food beyond the limit fixed by the government or violating any directives relating to the stockpile will be considered a punishable offence. Therefore, offenders may face capital punishment or life imprisonment or rigorous imprisonment for 14 years and they will also be fined.

However, if a person can prove that he or she does not store food for financial benefits, he or she will get a maximum of three months' imprisonment with fine.

The ministry prepared the draft by merging the two existing laws -- Foodgrains Supply (Prevention of Prejudicial Activity) Ordinance, 1979, and the Food (Special Courts) Act, 1956.

On April 18, 2022, the cabinet approved the draft act in principle and sent it back to the ministry for further scrutiny.

The food secretary said a provision of death penalty for hoarding foods is in the Special Powers Act, 1974. "It is now being incorporated in the proposed law."

The food ministry also proposes a maximum of five years' imprisonment or a fine Tk 10 lakh or both for marketing by-product of a food without mentioning the source name, producing and marketing food after removing its natural ingredients partially or completely, and mixing harmful artificial ingredients.

There is a provision of a maximum of five years' imprisonment or a fine of Tk 10 lakh or both for supplying imported, old or polished foods to the government warehouses, illegal selling of foods from the warehouses and spreading false and fabricated information on food production and distribution.

The ministry also suggests punishment for government-appointed dealers, millers, contractors, and staffers for refusing to take part in the process of food production and distribution. The violators will get five years' imprisonment or a Tk 10 lakh fine or both.

Right now, for the above-mentioned offences, there is a maximum of three years' imprisonment or a fine of Tk 5,000 or both in the Foodgrains Supply (Prevention of Prejudicial Activity) Ordinance, 1979.

In the proposed draft act, the court concerned is given the liberty to preserve a small amount of a perishable food item as evidence and sell the rest at auction instantly. For non-perishable goods, the court will get 45 working days to auction it.

SM Nazer Hossain, vice-president of Consumers Association of Bangladesh, said though there is a provision of strict punishment in the existing Special Powers Act, it is not being implemented.

Taking advantage of this, a section of people continues food adulteration, he said.

"We're welcoming the move and we expect the government will implement the act properly," said Nazer.