Prakas on Procedures for Inspection of Imported Food

Kingdom of Cambodia Nation Religion King Ministry of Commerce No: 263 C PRAKAS ON PROCEDURES FOR INSPECTION OF IMPORTED FOOD Minister of Commerce − Having seen the Constitution of Cambodia; − Having seen the Royal Decree No NS/RD/0918/925, dated 6 September 2018 on the Appointment of the Royal Government of Cambodia; − Having seen the Royal Kram No NS/RK/0618/012, dated 28 June 2018, promulgating the Law on Organization and Functioning of the Council of Ministers; − Having seen the Royal Kram No NS/RK/0916/16, dated 24 January 1996, promulgating the Law on the Establishment of the Ministry of Commerce; − Having seen the Royal Kram No NS/RK/0600/001, dated 21 June 2000, promulgating the Law on Management of Quality and Safety of Products and Services; − Having seen the Royal Kram No NS/RK/0707/017, dated 20 July 2007, promulgating the Law on Customs; − Having seen the Sub-decree No 209 SD, dated 31 December 2007 on Introduction of the List of Prohibited and Restricted Goods; − Having seen the Sub-decree No 47 SD, dated 12 June 2003 on Food Hygiene for Humans; − Having seen the Sub-decree No. 21 SD, dated 1 June 2016 on Trade Facilitation through Risks Management; − Having seen the Sub-decree No. 131 SD, dated 19 June 2014 on the Organization and Functioning of the Ministry of Commerce; − Having seen the Sub-decree No. 59 SD, dated 29 May 2008 on Upgrading the Department of Cambodian Control of Exported and Imported Goods and Fraud Suppression (CamCONTROL) to the General Department of Cambodian Control of Exported and Imported Goods and Fraud Suppression (CamCONTROL); − Having seen the Sub-decree No 127 SD, dated 20 June 2016 on Revising Articles, 2, 3, 4 and adding Article 8 bis of the Sub-decree No. 59 SD, dated 29 May 2008 on Upgrading the Department of Cambodian Control of Exported and Imported Goods and Fraud Suppression (CamCONTROL) to the General Department of Cambodian Control of Exported and Imported Goods and Fraud Suppression (CamCONTROL); − Having seen the Sub-decree No 27 SD, dated 28 January 2019 on Adjustment/Restructuring of the Competent Institutions Controlling Exported and Imported Goods to Facilitate Trade and Strengthen Cambodian Competitiveness; − Having seen the Inter-ministerial Prakas No 868 PK, dated 22 October 2010 on the Enforcement and Institutional Coordination/Arrangements for Management System of Food Safety from Farms to Tables; − Having seen the Inter-ministerial Prakas No. 574 PK, dated 25 June 2019 on Collaboration between General Department of Customs and General Department of Cambodian Control of Exported and Imported Goods and Fraud Suppression (CamCONTROL); − According to the needs of the Ministry of Commerce; HEREBY DECIDES Article 1: The purpose of this Prakas is to determine measures for improving the efficiency in managing and controlling the imports of food products: To minimize the potential for pathogens in the imports of food products into the Kingdom of Cambodia, and To guarantee the quality and safety of the imported food, subject to the technical regulations in force. Article 2: This Prakas aims to set forth procedures and rules to guarantee that the imported food complies with the requirements for food quality and safety and food suitability for human consumption in the Kingdom of Cambodia. Article 3: Key terms used in this Prakas are defined below: Food refers to any substance or product whether fully or half or not yet processed intended to be used for human consumption and any substances that are genetically modified or engineered or food containing baby food ingredients, packed drinking water, alcoholic and non-alcoholic beverages, chewing gum and other substances including water used in food while being produced or prepared or treated, but do not include cosmetics or tobacco or any substances that are used in pharmaceuticals, medical products or drugs or medicines for mental illness treatment. Food suitability refers to food that is natural, hygienic, safe, and free from impurities. Imported food refers to any type of food that crosses the border, imported into the country for consumption, utilization and/or business in the Kingdom of Cambodia. Exempted is the importation of food for personal use and food that is transited. Shipping means any amount of food of the same description, imported in the same document, received for the same lot, delivered by the same means of transportation, and from the same country or part thereof for one consignee and one address. Food regulations refer to relevant documents that define the characteristics of products or their processing and production method, including the various administrative regulations that need to be followed. Food regulations also include technical requirements, analytical methods, requirements related to labeling, packaging, shipping, storage and quality management systems and other food related requirements that are determined or adopted by Cambodian laws or regulations in force. Food hygiene refers to all the conditions and measures necessary to ensure the safety and suitability of food at every stage of the food chain. Food Safety refers to the implementation of the process to ensure that food is not harmful to the consumer when prepared or eaten in accordance with the objective of its use. Requirements refer to the food criteria set by the competent authorities involved in the food trade, which covers public health protection, consumer protection and fair trade conditions. Article 4: All imported food products must be compliant with the food laws and requirements of the Kingdom of Cambodia. Importers of food products are responsible for the products they import to trade in the Kingdom of Cambodia, ensuring that the products meet the quality, safety and labeling requirements in accordance with national and/or Codex international standards. Article 5: All imported food products must be inspected in the following form or categories: Document inspection for all imported food products and this inspection must be done before any other inspection. Physical inspection or physical control and sample tests for food products classified into groups of food products according to the types of risk. All specific pathogenic parameters need to be tangibly updated in accordance with the data of compliances found and developed. Article 6: For all imported food products, which are identified as being at risk, the importers are required to make prior declarations by the Ministry of Commerce with the aim of facilitating the process of releasing goods and building market monitoring programs. For the shipments of the imported food, the documents required for prior declaration application are in the following: − Bill of Lading/Airway Bill − Commercial Invoice − Packing List − Purchase Order, including Specification of product − Official Analytical Certificate issued by the competent authority of the exporting country for the specified parameters in the annex of this Prakas, − Compliance Certificates (if any) of products or production management systems from the official certification body or an officially recognized body of the exporting country. Article 7 – The rate of physical inspection, sampling and analysis of the imported food shall be based on the risk approach as assessed by human health risk level, risk factor caused by product, source of production, product’s record of compliance with requirements and other information. All imported food products are divided into three types of risk level: High risk food product Medium risk food product Low risk food product Based on the categorization of risk level above; the physical inspection rate of the imported food products shall be determined by the following inspection regime: • For high-risk food products: Must be subject to a sampling and analysis regime at a rate of 100%. When specific products in five successive shipments are in compliance, then the next inspection rate will be reduced to 25%. After specific products in 20 consecutive shipments are in compliance, the subsequent inspection rates will be reduced to only 5%. Specific products in shipments that are not subject to the inspection regime must be allowed to automatically release goods for marketing after completing customs procedures. Specific products in shipments to be inspected, sampled and analyzed must be put on hold until the test results of the specific product of the shipment come out. Specific products in shipments that are found non-compliant after inspection need to be re-calibrated to be compliant. If it is not possible, it must be exported back or destroyed. All related costs shall be incurred by the importer. The product will be subject to 100% review. In the case of volatile or rotten products, goods must be permitted to release temporarily, but must be checked by the food safety specialized officials at the storage before the goods are allowed on circulate in the markets. • For medium-risk food products: Must be put under the control regime at a rate of 25%. When specific products in five successive shipments are in compliance, then the next inspection rate will be reduced to 5%. Specific products in shipments not subject to inspection regime are allowed to be released automatically for circulation in the markets after customs procedures are completed. Specific products in shipments to be inspected, sampled and analyzed must be put on hold, waiting for the test results. Specific products in shipments that are found non-compliant after inspection need to be re-calibrated to be compliant. If it is not possible, the products must be exported back or destroyed. All related costs shall be incurred by the importer. The products will be considered as high risk. For low-risk food products: Must be subject to an inspection regime at a rate of 5%. This type of food must be allowed to circulate without having to wait for the test results. If the food is found to be non-compliant it will be subject to 100% inspection until the test results confirm its compliance in a consistent manner. After the food has been found compliant in five successive shipments, the rate of subsequent inspection must be returned to 5%. Article 8: All imported food products must have a specified consumption period suitable for the specific types of products, but not less than 60% of the shelf life or date of durability for products that have short consumption dates or volatile quality and must conform to the Standards for General Food Labeling and Standards for Specific Food Labeling. Article 9: The Cambodian General Department for Import and Export Inspection and Fraud Suppression (CamControl) shall develop and update the food product lists in accordance with the compliance data found and regularly produced. Article 10: Director of the Cabinet of the Government Delegate in charge as Director General of Camcontrol, Director General, Inspector General, Chiefs of all entities under the Ministry of Commerce, Exporters, Importers or other business operators and entities involved shall implement the content of this Prakas from the date of signing onwards. Made in Phnom Penh, Monday, 3rd Day of the Waning Moon in the Lunar Month of Photrabot, the Year of the Pig, BE (Buddhist Era): 2563, or 12 September 2019 Minister of Commerce (Signature and stamp) PAN SORASAK Copied for: Office of the Council of Ministers Ministry of Economy and Finance Ministry of Industry and Handicraft Ministry of Health Ministry of Agriculture, Forestry and Fisheries Cabinet of Samdech Akkeak Mohasena Padei Techo Prime Minister Cabinet of Samdech, Excellency and Lokchumteav Deputy Prime Minister Cambodian Chamber of Commerce As per Article 10 Archives-Records ANNEX TO THE PRAKAS No 263 PRA, DATED 16 SEPTEMBER 2019 No DESCRIPTION REQUIRED PARAMETERS FOR ANALYSIS 1 Meat and poultry product 1.1 Meat of bovine animals, fresh, chilled or frozen Microorganisms: Staphylococcus aureus, Salmonella spp. E.coli. Chemicals: Antibiotics; Chloramphenicol. 1.2 Meat of swine, fresh, chilled or frozen Microorganisms: Staphylococcus aureus, Salmonella spp. E.coli. Chemicals: Antibiotics; Ractopamine. 1.3 Meat of sheep or goats, fresh, chilled or frozen Microorganisms: Staphylococcus aureus, Salmonella spp. E.coli. Chemicals: Antibiotics; Ractopamine. 1.4 Edible offal of bovine animals, swine, sheep, goats fresh, chilled or frozen Microorganisms: Staphylococcus aureus, Salmonella spp. E.coli. Chemicals: Antibiotics; Ractopamine. 1.5 Meat and edible offal, of the poultry, fresh, chilled or frozen Microorganisms: Staphylococcus aureus, Salmonella spp, Clostridium perfringens; Chemicals: Antibiotics; Chloramphenicol 1.6 Other meat and edible meat offal, fresh, chilled or frozen Microorganisms: Staphylococcus aureus, Salmonella spp, Clostridium perfringens; Chemicals: Formaldehyde; Nitrites; Benzoates. 1.7 Sausages and similar products including sausage, hotdog, ham, fermented meats, sliced meat. Microorganisms: Staphylococcus aureus, Salmonella spp, Clostridium perfringens; Chemicals: Formaldehyde; Nitrites; Benzoates. 1.8 Processed ready to eat meats (cooked, cured and fermented) Microorganisms: Staphylococcus aureus, Salmonella spp, Listeria monocytogenes Chemicals: Formaldehyde; Nitrites; Benzoates. 2 Fish and Fisheries Products 2.1 Fish, fresh, chilled or frozen Microorganisms: Staphylococcus aureus, Salmonella spp, E. coli. Chemicals: Lead; Mercury; Histamine 2.2 Fish fillets and other fish meat (whether or not minced), fresh, chilled or frozen Microorganisms: Staphylococcus aureus, Salmonella spp, E. coli. Chemicals: Lead; Mercury; Histamine 2.3 Crustaceans, fresh, chilled or frozen Microorganisms: Staphylococcus aureus, Salmonella spp, Chemicals: Lead; Mercury; Formaldehyde, Sulfites 2.4 Molluscs, fresh, chilled or frozen Microorganisms: Salmonella spp. Norovirus. Chemicals: Lead; Mercury; Formaldehyde. 3 Milk and Dairy Products 3.1 Raw Milk and cream (including pasteurised milk) Microorganisms: Staphylococcus aureus, Salmonella spp, E. coli Listeria monocytogenes Chemicals: Melamine 3.2 Soft Cheeses and curd Microorganisms: Staphylococcus aureus, Salmonella spp, E. coli Listeria monocytogenes Chemicals: Melamine 3.3 Infant Formula and Follow-up Formula for Older infant and Young Children Microorganisms: Enterobacter sakazakii, Escherichia coli Bacillus cereus Staphylococcus aureus Salmonella spp Chemicals: Melaskine Tuga Lead; Cooper, badmiem Aflatoria M1 3.4 Composite food preparation put up as food for infant and young children Microorganisms: Escherichia coli, Bacillus cereus, Staphylococcus aureus, Clostridium perfringgens, Salmonella spp. Chemicals: Melamine; Lead; Copper; Cadmium 3.5 Milk based drinks for young children Microorganisms: Escherichia coli, Bacillus cereus, Staphylococcus aureus, Clostridium perfringgens, Salmonella spp. Chemicals: Melamine; Lead; Copper; Cadmium 3.6 Ice cream and Frozen Dairy Products Microorganisms: Staphylococcus aureus, Salmonella spp. Chemicals: Sweeteners; 4 Raw leafy vegetables; Fresh cut fruits and vegetables Chemicals: Pesticide Residues; Cadmium Lead 5 Nuts and cashew nuts, fresh or dried, whether or not shelled or peeled Chemicals: Total Aflatoxin (B1,B2,G1,G2) Aflatoxin B1 6 Processed Eggs, Liquid, Frozen or Dried Microorganisms: Samonella ssp, Coliforms. Chemicals: Benzoates. 7 Bakery Products, Ready to eat and containing eggs Microorganisms: Samonella ssp, Mould. 8 Food for Special Dietary Purpose Microorganisms: Samonella spp, Staphylococcus aureus, Chemicals: Lead, Copper, Cadmium 9 Ice Microorganisms: Aerobic Plate Count, Total Coliform and Escherichia coli, Chemicals: Lead, Arsenic 10 Food Additive as per Codex General Standard for Food Additives CXS 192- 1995 Test for Additive Specification 11 Honey Pesticide residus Artibiotics ANNEX TO THE PRAKAS No 263 PRA, DATED 16 SEPTEMBER 2019 MEDIUM-RISK FOOD No DESCRIPTION PARAMETERS REQUIRED FOR ANALYSIS 1 Processed Dairy Products 1.1 Yoghurts Microorganisms: Escherichia coli, Bacillus cereus, Staphylococcus aureus, Salmonella spp 1.2 Milk powder Microorganisms: Escherichia coli, Bacillus cereus, Staphylococcus aureus, Salmonella spp Chemicals: Melamine; 1.3 Hard cheese Microorganisms: Listeria Monocytogenes 1.4 Butter Microorganisms: Listeria Monocytogenes Chemicals: Carotenoides 1.5 Sweetened condensed milk Microorganisms: Escherichia coli, Bacillus cereus, Staphylococcus aureus, Salmonella spp. Chemicals: Citrates, Melamine 1.6 Evaporated milk Microorganisms: Escherichia coli, Bacillus cereus, Staphylococcus aureus, Salmonella spp. Chemicals: Citrates, Melamine 2 Prepared (multiple technologies) Fish products 2.1 Dried Fish Acesulfame K; Benzoates, Sorbates, Sulfites 2.2 Salted Fish Acesulfame K; Benzoates, Sorbates, Sulfites 2.3 Smoked Fish Acesulfame K; Benzoates, Sorbates, Sulfites 3 Prepared (multiple technologies); meat and poultry products 3.1 Dried Meat Acesulfame K; Benzoates, Sorbates, Sulfites 3.2 Salted Meat Acesulfame K; Benzoates, Sorbates, Sulfites 3.3 Smoked meat Benzoates, Sorbates, Sulfites 4 Fresh vegetables including potatoes, onions Pesticide residues Cadmium 5 Bakery wares (frozen dough, bread and rolls) Sweeteners 6 Dried fruits & vegetables and dried food ingredients Chemicals: Sulfites, Cadmium, Lead 7 Mayonnaise Microorganisms: Samonella spp, Staphylococcus aureus 8 Sesame, and peanut butter Microorganisms: Samonella sáp, Staphylococcus aureus Chemicals: Total Aflatoxins 9 Mineral Water Microorganisms: Aerobic Plate Count, Total Coliform and Escherichia coli; Chemicals: Arsenic, Nitrates 10 Soy Sauce Chemicals: 3-MPCDI Benzoates 11 Fruit Juice Benzgates sabates ANNEX TO THE PRAKAS No 263 PRA, DATED 16 SEPTEMBER 2019 LOW RISK FOOD All food products not mentioned in the lists of high risk and medium risk foods are considered low-risk products, including: 1. Processed Tea 2. Processed coffee and instant coffee 3. Canned fruits and vegetables 4. Canned meat and fish products 5. Foods processed and packed in flexible pouches 6. UHT milk 7. Instant Noodles 8. Processed Vegetable oils 9. Alcoholic beverages 10. Bakery products not containing milk, eggs, meat 11. Dried biscuits 12. Breakfast cereals 13. Frozen pizza 14. Pasta 15. Sugar, Sweets & Sugar confectionary products 16. Processed peanuts 17. Processed nuts 18. Rice, Cereals and grains 19. Marmalade and jellies 20. Pickled vegetables 21. Hot sauces and ketchups 22. Dried Beans in consumer packages 23. TAJWIGH (Spices and Gerps in consumer packages) 24. Seed