Prakas on Requirements for Labelling of Household Chemical Products

Unofficial Translation 1 Kingdom of Cambodia National Religion King 6 Prakas on Requirements for Labelling of Household Chemical Products Minister of Commerce Having seen the Constitution of the Kingdom of Cambodia, Having seen the Royal Decree No. NS/RKT/0918/925 dated 06 September 2018, on the Appointment of the Royal Government of the Kingdom of Cambodia, Having seen the Royal Decree No. NS/RKT/0320/421 dated 30 March 2020, on the Appointment and Adjustment to the Composition of the Royal Government of the Kingdom of Cambodia, Having seen the Royal Kram No. NS/RKM/0618/012 dated 28 June 2018, promulgating the Law on the Organization and Functioning of the Council of Ministers, Having seen the Royal Kram No. NS/RKM/0196/16 dated 24 January 1996, promulgating the Law on the establishment of the Ministry of Commerce, Having seen the Royal Kram No. NS/RKM/0600/001 dated 21 June 2000, promulgating the Law on the Management of Quality and Safety of Products and Services, Having seen the Royal Kram No. NS/RKM/1119/016 dated 02 November 2019, promulgating the Law on Consumer Protection, Having seen the Sub-Decree No.38 ANKR.BK dated 16 March 2020 on Organization and Functioning of the Ministry of Commerce, Having seen the Sub-Decree No.38 ANKR.BK dated 27 August 2020 on the Organization and Functioning of the National Commission for Consumer Protection, Having seen the Sub-Decree No.180 ANKR.BK dated 20 October 2009 on Management of the Classification and Labelling of Chemicals, Having seen the Sub-Decree No.19 ANKR.BK dated 10 February 2021 on the Amendment of Article 7, 12, 13, 14 of Apendix 2, 3 and 4 of Sub-Decree No.180 ANKR.BK dated 20 October 2009 on Management of the Classification and Labelling of Chemicals, Having seen the Prakas No.183 MOC/SM 2006 dated 28 September 2006 on Chemicals Banned from Food Products, Referring to the request of Minister of Commerce. Unofficial Translation 2 Hereby Decides Article 1− This Prakas sets out the requirements for labeling of household chemical products distributed in the market in the Kingdom of Cambodia for the purpose of protecting the welfare and interests of consumers. Article 2− This Prakas applies to household chemical products distributed in the market in the Kingdom of Cambodia. Article 3− The key terms used in this Prakas shall have the meaning as defined hereunder: 1. Household chemical products refer to chemicals or chemical products that are finished products which can be harmful to health and are used as additives for the purpose of other aspects of normal life, such as home use, workshops, gardens or other public services, that those products are classified in Article 7 of this Prakas. 2. Additional safety information refers to information that describes the hazard level according to its type and class. 3. Warning message refers to a warning attached with the words "Danger" or "Caution" on the label of chemical product according to its hazard level. 4. Label refers to the symbol that indicates the type of hazard on the label of the chemical product to recognize the danger of the chemical product in accordance with the table in Appendix 2 of the sub-decree No. 19, ANKR.BK dated 10 February 2021. 5. Business refers to activities that: Goods or services are supplied or acquired or Done in an organized or specific manner or The person who performed these activities intended to make a profit regardless if whether the activity is the main activity, or a secondary or occasional activity. 6. Persons conducting household chemical products business refer to persons who supply chemical products used in the house, includes wholesale, retail, gift giving or trial use. Unofficial Translation 3 7. Recall refers to the performance of activities involving the recall of household chemical products that are of poor quality, unsafe, or that do not comply with the information standards distributed or circulated in the market. 8. E-commerce refers to the activities of buying, selling, leasing, exchanging goods or services, including commercial and civil activities, as well as governmental electronic activities and transaction. 9. Chemical Solvents refer to substances that have the ability to dissolve other substances or compounds into solid mixtures, including Toluene, Acetone, Ethyl Acetate, Ethanol and Methanol, Isopropyl Alcohol and other substances. 10. Distribution refers to the supply of products in the market, including wholesale, retail, giving of gifts or trial use. Article 4− Persons conducting household chemical products business are responsible for ensuring that their products are of good quality and safe and have proper labeling in accordance with applicable laws and regulations. All household chemical products distributed in the market in the Kingdom of Cambodia shall have a permit to import, manufacture and distribute from the relevant ministries or institutions. Article 5− All household chemical products shall be displayed in a safe place and separated from food products. Article 6− All labeling of household chemical products shall not be misrepresented or mislead, deceive or cheat consumers. All household chemical products distributed in the market in the Kingdom of Cambodia shall have a minimum standard of information in Khmer that can be attached with the package or the description of the product. The minimum information standard requirements include: Name, address and contact number of the manufacturer, importer, distributor or responsible person Product name including common name, trade name or chemical name Production date, expiration date and code or batch / lot number Unofficial Translation 4 Active ingredient (in French or English) Function, use, how to use and storage Warning messages for children Signal word such as Risk or Danger Hazard statement Precautionary statement Supplementary information Pictograms and graphic symbols as in Appendix 2 of Sub-Decree No. 19 ANKR.BK Emergency instructions. In case the size, shape or characteristic of the package or label may not be large enough to describe the content as defined in accordance with the requirements of the above information standards, the persons conducting household chemical products business may use the description card, information disclosure label, wrapping material or other means. Household chemical products distributed in the market in the Kingdom of Cambodia may be allowed to use product names in English or French and be translated into Khmer, such as Common Name, Trade Name or Chemical Name. Article 7− All household chemicals are grouped according to the following purpose: a. Detergents include: Laundry detergents Common cleaning agents Bleaching agents Dishwashing detergents Oven cleaners Antibacterial cleaners Window and glass cleaner Toilet bowl cleaners Mold and mildew removers Drain cleaners Swimming pool chloride tablets Algicides for the pool Unofficial Translation 5 Rug, carpet, upholstery cleaners Furniture polish Air fresheners. b. Pesticides used in the house include: Rodenticides or bait Pesticides for bedbugs Insecticides for houseplants Pesticides and soaps for pet lice Pesticides for cockroaches, ants or termites. c. Substances used for home garden protection include: Insecticides Herbicides Fungicides Wood preservative Adhesive and Glues Furniture strippers Oil-or enamel-based paint Stains and finishes Chemical solvent Desiccant. d. Other chemicals that are not allowed to be used in food include: Borax or Sodium Borate or Boric Acid Salicylic Acid Formaldehyde, Para Formaldehyde Synthetic Dyes such as Para Red, Rhodamine B, Sudan Red, Malachite Green Melamine. Article 8− Persons conducting household chemical products business electronically shall apply for an additional permit from the relevant ministries and institutions as follows: Unofficial Translation 6 Natural persons shall apply for an electronic business license from the Ministry of Commerce and an online service certificate from Ministry of Posts and Telecommunications. Legal persons shall apply for a license to operate electronic services from the Ministry of Commerce and an online service certificate from the Ministry of Posts and Telecommunications. Article 9− It is prohibited to transfer household chemical products (origin) from one packaging box to another or from one container to another for the purpose of distribution without permission from the relevant competent ministries and institutions. New products obtained from the transfer shall be properly labeled in accordance with the information standards set out in Article 6 of this Prakas. Article 10− Persons conducting household chemical products business shall have relevant documents from the source that supplied the product and shall provide those documents as required by the competent official to facilitate the investigation and recall of chemical products used in the house that are found or received information that is unsafe to consumers or does not comply with technical regulations. Article 11− Persons conducting household chemical products business that do not comply with the requirements for labelling and conditions set forth in this Prakas shall be subject to penalties as provided in the Law on Consumer Protection and other relevant regulations in force. Article 12− This Prakas shall be implemented immediately after signing, except for all household chemical products that have been distributed in the market, leaving three (3) months for the business to make adjustments. Article 13− The Composition of the National Committee for Consumer Protection, Director of the Cabinet, Delegate of the Royal Government of Cambodia in charge as the Director General of the Consumer Protection Competition and Fraud Repression Directorate-General “CCF”, the Heads Unofficial Translation 7 of all units under the Ministry of Commerce, household chemical products business operators and related units shall implement this Prakas from the date of its signing. Friday, the 7th day of the waxing moon of the tenth month, In the year of the Tiger, Chatvasak, B.C. 2566 Phnom Penh, 2 September 2022 Minister of Commerce Seal and Signature PAN SORASAK Recipients: The Office of the Council of Ministers The Ministry of Industry, Science, Technology and Innovation The Ministry of Health The Ministry of Agriculture, Forestry and Fisheries Cabinet of Samdech Akka Moha Sena Padei Techo Prime Minister Cabinet of Samdech, His Excellency and Her Excellency the Deputy Prime Ministers Cambodia Chamber of Commerce As stated in Article 13 Royal Gazettes Documentation and Archive