Food safety policy and legislation in the newly decentralized Federal Democratic Republic of Nepal

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In 2015, the new constitution was adopted in the Federal Democratic Republic of Nepal, which enshrines complete decentralization within the federalism. The process for the decentralization is currently under way in the year of 2017 and there are numerous uncertainties still outstanding in the food safety area. In particular, the government is still actively deciding how to assign various food safety activities to the three levels of government (central, regional, and local). In light of the situation, FAO has focused on providing inputs to guide the government’s decision making on which food safety related legislative activities to decentralize in the new federal system. Accordingly, a stakeholder consultation was held on 20 December 2017 to collect and disseminate the views of the governmental and non-governmental experts involved in food safety in Nepal, so as to provide the most up-to-date recommendations to the government on the decentralization process. Involving Nepali governmental, non-governmental, and consumer representatives in formulating the recommendations would also cultivate a sense of ownership in the process of decentralization to a federal system, fostering more compliance with the new set-up once it is in place. In conclusion, the stakeholder meeting agreed that the draft policy is quite comprehensive, but the structure of the document is not ideal, and it leaves out or underemphasizes some important issues, such as federalism, One Health approach, multi-sectoral coordination, and shared responsibility of food safety. As for the existing legislation, Nepal’s food laws may be 40 years old and modernization of certain items may be useful, but they can still serve as an adequate scaffolding for more detailed regulations that implement a comprehensive food safety system. Nonetheless, because Nepal needs new food legislation to operationalize the federal system, now is the perfect time to enact a comprehensive legislative framework that will reflect the new government structure, incorporate modern concepts of food safety, reflect the current international consensus, and embody the new food safety policy. On a practical level, the expert recommends that the government consider fostering better coordination among the various government entities involved in or tangentially related to food safety.

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