ISLAMABAD: In a move critics call hasty and constitutionally contentious, the President of Pakistan on Friday issued an ordinance establishing the National Agri-Trade and Food Safety Authority (NAFSA), merging two key federal departments into a centralized body. Legal experts and provincial leaders have raised alarms, warning that the ordinance undermines the 18th Amendment, which devolves powers over food safety, agriculture, and livestock to the provinces and the federation cannot make legislation on such subject without consent of the provinces.
As per a report appeared in a national daily, the ordinance, effective immediately nationwide, abolishes the Department of Plant Protection (DPP), acting as National Plant Protection Organization Pakistan to prevent entry, establishment and spread of foreign and invasive destructive pests in Pakistan under IPPC guidelines and the Animal Quarantine Department, (AQD), acting as official national organization to prevent entry, establishment and spread of foreing animal related diseases in Pakistan, consolidating their functions under the new Authority. Headquartered in Islamabad, the Authority is authorized to establish regional offices as needed.
According to the ordinance, the NAFSA will operate as—a statutory corporate body—like provincial food authorities. Policy oversight and administration will be vested in a board chaired by an appointee selected by the Prime Minister. The Chairperson must have at least twelve years of experience in fields such as food safety, agronomy, public health, or trade. The qualifications—Entomology, Plant Pathology, Plant Protection— for the Chairperson have been excluded thereby meaning that NAFSA has no focuss on biosecurity of the country involving Plant Quarantine and Animal Quarantine, instead their whole focus is concentrated to export safe food which is impossible without maintaining plant and animal quarantine in the country, a biosecurity expert said.
The board will include secretaries from the agricultural, food and livestock departments of all provinces alongside representatives from federal ministries of food security, climate change, commerce, science and technology, and finance. It will also include two women with expertise in food safety or related disciplines, two members from academia or research institutions, and three representatives from industry bodies including plant and animal trade associations and the Federation of Pakistan Chambers of Commerce and Industry (FPCCI). The non-technical bureaucracy has majority in the Board to decide technical matter by majority vote. The Director General of the NAFSA will serve as an ex-officio, non-voting secretary to the board.
The ordinance grants sweeping powers to the NAFSA to develop, implement, and enforce sanitary and phytosanitary (SPS) measures in Pakistan. It will be authorized to register and regulate food businesses, pesticides businesses, treatment providers, enforce food safety, plant quarantine and animal quarantine measures at ports and within country and certify importable and exportable food includding plant and plants material and animal and animal products.
Additionally, the NAFSA is empowered to designate and accredit testing laboratories, supervise veterinary diagnostics, monitor pest-free zones, and impose penalties for violations. It may outsource functions to third parties, delegate powers internally, levy service fees, approve budgets, hire consultants and experts, and mobilize funds from domestic and international sources, including loans and grants. NAFSA will also regulate inter-provincial trade.
Each province has its own food safety authority under—The Punjab Food Act, 2011, The Sindh Food Act, 2016, The KPK Food Act, 2014 & The Balochistan Food Act, 2014—to regulate food business and certify importable and exportable food. Despite constitutional violation, the constitution of NAFSA in addition to provinces food safety authorities is a replication agency for food safety measures. The move could trigger legal challenges, complicating ease of doing business, trade disruption due to violations of international intergovernmental agreements such as the International Plant Protection Convention (IPPC), the World Organisation for Animal Health (WOAH) and Codex Alimentarius Commission (CAC) under FAO & WTO SPS Agreement.
Critically, while the ordinance mandates provincial coordination, it retains federal supremacy. Provincial governments are required to submit annual control programs to the Authority, adopt its policy guidelines, and harmonize their laws with federal SPS standards. In disputes over inter-regional trade or SPS compliance, matters will be referred to advisory and scientific committees established by NAFSA—effectively curtailing provincial autonomy in critical areas of agriculture and food governance.
“This ordinance encroaches the provincial autonomy and unfortunately the President of Pakistan, Mr. Asif Ali Zardari who passed 18th Amendment for it himself is now reversing provincial autonomy”, said a Sindh Nationalist from Hyderabad. “Agriculture, food safety, and livestock management are provincial subjects. This central authority undermines the legal and administrative authority of the provinces.” Surprisingly, the Federal Government has kept this matter even from the Council of Common Interests approves such measures.
It was necessary to streamline fragmented regulatory regimes and comply with international trade standards under World Trade Organization (WTO) SPS Agreement. “We need a single authority to ensure our exports meet global safety and quality benchmarks, said the federal minister for National Food Security & Research.
The IPPC and WOAH require an official National Plant Protection Organization (NPPO) to perform functions regarding Plant Quarantine & an official Animal Quarantine Department / organization to perform functions regarding Animal Quarantine separately. Only government officials and civil servant are entitled to conduct quarantine inspection and biosecurity clearance and certification instead of statutory corporate body and third private parties, said phytosanitary experts.
However, the abrupt issuance of the ordinance without parliamentary debate or provincial consensus has fueled accusations of bypassing democratic processes. Critics argue that a law with such far-reaching implications should have been introduced through Parliament, allowing time for stakeholder consultation and provincial input. Surprisingly, the ordinance has been kept hidden even from Council of Common Interests (CCI).
The Authority will be funded through a non-lapsable fund comprising federal allocations, donor contributions, service fees, penalties, and income from investments or consultancies. Its accounts will be audited annually by the Auditor General of Pakistan, with additional audits permitted by the federal government.
Despite government assurances, the ordinance has reignited debate over the balance of power between federal and provincial authorities in Pakistan’s post-18th Amendment constitutional framework. As provinces review its implications, legal and political challenges appear likely, setting the stage for another federal-provincial tussle over constitutional authority and governance.
Critics note that the idea of re-structuring the DPP & AQD into an authority was previously rejected by former governments, including under Prime Minister Nawaz Sharif, after extensive deliberations. Instead, emphasis had been placed on development of port infrastructure of the DPP and increase number of inspectors for quarantine and food inspection and certification where the Bureaucracy did not take measures accordingly.
Despite the establishment of the National Biosecurity Technical Committee, National Plant Heatlh Committee and National Food Safety Committee in August 2024, with provincial and stakeholder representation without travelling on the jurisdiction, functions and provincial autonomy to increase coordination with respect to food safety and plant quarantine, the proposal for the new authority has resurfaced.
Allegations have emerged suggesting Ahad Khan Cheema, Federal Minister for Establishment, and Dr. Syed Bilal Haider, Joint Secretary, MoNFSR are behind the renewed push to influence regulatory processes. A London based restaurant owner, Afzal Bhatti and clearing agent Israr Khan have influenced for development of NAFSA being having their contact with the influencers. To oblige and facilitate them, functions of food safety and plant quarantine will be accorded to private third parties and those companies will be owned by these influencers. Syed Bilal Haider has been established as frontman of Farah Gogi frontman to collect extortion money, kickbacks and commission and currently, he is serving to Mr. Ahad Cheema and Rana Tanvir Hussain, Federal Minister MoNFSR.
