Concerns Rise Over Constitutional Implications as NAFSA Replaces Federal Quarantine Departments
In a move that critics have deemed both hasty and constitutionally questionable, the President of Pakistan issued an ordinance on Friday establishing the National Agri-Trade and Food Safety Authority (NAFSA), which merges two key federal quarantine departments into a centralized body. The new authority, created under the ordinance, has stirred concerns regarding its impact on provincial autonomy, especially in light of the 18th Amendment, which devolved powers over food safety, agriculture, and livestock to the provinces.
Legal experts and provincial leaders have raised alarms, warning that the new law undermines provincial rights by centralizing key functions previously managed at the provincial level. They argue that the federation cannot legislate on these subjects without the provinces’ consent, a fundamental issue that directly challenges the spirit of the 18th Amendment.
The ordinance, effective immediately, dissolves the Department of Plant Protection (DPP) and the Animal Quarantine Department (AQD), whose roles in protecting against plant and animal diseases are now consolidated under NAFSA. The new body, headquartered in Islamabad, will oversee various functions such as export certification, food safety, quarantine measures, and inter-provincial trade regulation. Critics argue that this centralized structure could confuse jurisdiction and create overlapping regulatory functions, particularly given that each province already operates its own food safety authority.
NAFSA will operate as a statutory corporate entity, with oversight provided by a board led by a Prime Minister-appointed chairperson with qualifications in food safety, agronomy, or public health. The ordinance has sparked concerns among experts who note the absence of expertise in biosecurity, such as entomology or plant pathology, which are critical to food safety. Some worry that the focus will shift to trade certification, sidelining vital plant and animal quarantine functions.
The board will also consist of provincial secretaries from agriculture, food, and livestock departments, as well as representatives from the ministries of food security, climate change, commerce, and finance. However, technical experts fear that the majority of bureaucrats on the board could diminish scientific decision-making.
NAFSA has been granted sweeping powers, including the regulation of food and pesticide businesses, enforcement of quarantine measures, and certification of imports and exports. It will also have the authority to accredit laboratories, monitor pest-free zones, and conduct veterinary diagnostics. NAFSA’s reach will extend across Pakistan, enforcing harmonized sanitary and phytosanitary (SPS) standards for food safety and agriculture, with particular emphasis on regulating inter-provincial trade.
The ordinance also places considerable power in NAFSA’s hands to determine policy, and it mandates that provinces adopt the authority’s directives, including annual control programs. In the event of disputes, the NAFSA board’s advisory and scientific committees will have the final word, which has sparked fears that provincial autonomy could be significantly diminished.
“It’s ironic that President Asif Ali Zardari, who championed the 18th Amendment, is now facilitating its rollback,” said a source from Hyderabad. “This ordinance goes against the very principles of the Constitution.”
Each of the four provinces—Punjab, Sindh, Khyber Pakhtunkhwa (KPK), and Balochistan—has its own food safety authority, and experts warn that NAFSA could replicate existing functions, causing unnecessary duplication and increasing regulatory costs for businesses.
The ordinance has also raised concerns within the international trade community, as the IPPC and World Organisation for Animal Health (WOAH) require official government departments—not corporate entities or contractors—to issue biosecurity certifications. The consolidation of biosecurity functions under a non-governmental entity like NAFSA could undermine Pakistan’s credibility with international trading partners.
Critics have also pointed out that the ordinance was introduced without consultation with the Council of Common Interests (CCI), a key federal-provincial coordination body. “This ordinance bypassed the democratic process, which is concerning given its far-reaching implications,” said a legal analyst.
Furthermore, concerns have been raised about the real motivations behind the push for NAFSA, with some insiders alleging that private interests linked to influential officials in the Prime Minister’s Secretariat and the Ministry of National Food Security and Research may be driving the centralization effort.
Despite reassurances from the government, the ordinance has reignited the ongoing debate about federal-provincial relations, particularly the balance of power in Pakistan’s post-18th Amendment constitutional framework. Legal challenges and political pushback from the provinces are expected as the implications of the new law continue to unfold.