National Food Law

18 The State -Law and Order •Restoration Council The National Food Law (The State· Law and Order Restoration Council Law No. 5/97) The 9th Waning Day of Tabodwe, 1358 M.E. (3rd March, 1997) The State Law and Order Restoration Council hereby enacts the following L1w: Chapter I Title and Definition 1. This Law shall be called the National Food Law. 2. The following expressions contained in this Law shall have the meanings given hereunder: (a) Food means edible thing that human beings can readily eat or drink, ingredient included therein or food additives except drug. This expression also includes thing" determined as food by the Ministry of Health by notification from time to time; (b) Board of Authority means the Myanmar Food and Drug Board c•f Authority fanned under the National Drug Law and supplemented under section 4 of this Law; (c) Controlled Food means food determined as controlled food by the Board of Authority from time to time; (d) Food Additive means the ingredient used in the production and preparation of food, or ingredient for colour, odour and taste in the food, determined by the Board of Authority; (e) Food differing from Standards means the food which is not in conformity with the specifications in respect of the relevant food, or food which is lower or higher than the minimum or maximum standards, prescribed by the Board of Authority; (f) Licence means a permit gr..nced by the relevant Government deparunent or organization under .sny existing law for production of food; (gl Unhygienic C1,mdition means the condition which may cause in iury or danger to the health of the. ctmsumer due to contamination of food with dirt and filth; (h) Production means the operations to he carried out in the manufacture of food for the purpose of sale. This expression also includes the performance of.any stage or all stages in the operations carried out. in processes; (i) Quality Assurance means the wam,nty that food is of genuine quality, free from danger and hygienic for the consumer; (i) ·Labelling means the act of displaying labels on ihe container, bottle, pack, outer package or any packing material in which the food is contained; (k) Advertising means carrying out measures to inform the public directly or indirectly in order to promote distribution and sale of the food; (I) Primary Laboratory means the laboratory prescribed by the Board of Authority, by notification to analy~e samples of the food; (m) Appellate Laboratory means the laboratory specified by the Board of Authority by notification in order that a final and conclusive decision may be made in respect of analysis of samples of food, after reanalysis of samples, when a problem arises with respect to analysis of food from primary laboratory or when either pany is dissatisfied and files an appeal. Cb.apter Il Aims 3. The aims of this Law are as follows: (a) to enable the public to consume food oC genuine quality, free frnm danger and hygienic; (b) to prevent the public from consuming ftnd that may cause dange, or are injurious to health; (c) to supervise production of controlled fond systematically; (d) to control and regulate the productioL, import, export, storage, distribution and sale of food systematically. 20 Chapter III Formation of the Board of Authority 4. In order to carrJ out measures relating to foe:><! contained in this Law, the Government shall supplement the following persons as members in the Myanmar Food and Drug Board of Authority: (a) Director-General, Development Affairs Department, Ministry of Progress of Border Areas and National Races and Development Affairs; (b) A representative each from the following organizations: (!) Yangon City Development Committee, (2) Mandalay City Development Committee; (c) An expert each relating to the ~allowing subjects: (!) Food Science, (2) Food Microbiology, (3) Food Industrial Technology, (4) Toxicology. 5. The non-governmental member of the Board of Authority is entitled to such remuneration as may be prescribed by the Ministry of Health. Chapter IV Functions and Duties of the Board of Authority 6. The functions and duties of the Board of Authority formed under section 4 are as follows: (a) laying down the policy relating to the production, storage, distribution and sale of food; (b) determining good production practices \vith respect tn quality assurance of food; (c) laying down the policy relating to the inspection, control and laboratory analysis of food; (d) laying down the policy reiaring to label!ing and advertising of food; (c) determining the kinds of controlled food and food additives: 21 (f) determining detailed criteria and standards for food, differing from standards; (g) co-ordinating with the relevant Ministries with respect to import and export of food for the safety of consumers; (h) determining primary laboratories and appellate laboratories; (i) forming committees in respect of matters relating to expertise and determining the functions and duttes of such committees; (j) supplementing functions and duties of the State/Divisional, District, Township Food and Drug Supervisory CDmmittees formed under section 5 sub-section (I) of. the National Drugs Law to enable supervision of matters relating to food. 7. A Government department or organization that produces food shall co-ordinate with the Board of Authority prior to the production. 8. The Board of Authority may delegate any department or organization to carry out its functions and duties. Chapter V Application for Licence 9. A person desirous of producing controlled food shall apply ror a licence to th~ Government department or organization \Vhich is authorized to I:-.'."U',' the licence, only after obtaining recommendation from the Department of Health. lO. The Department of Health may in respect of the producing of contr,,J:cJ food scrutinize as to whether or not it is in conformlty with the 5LipuL.1.ti,m.", and 012.y issue nr refuse to issue the rccornmend2.!i•: · 11. A person de.'~irous of producing food other tb,!:; c••ntrol1ed food shall ,:n- ;1ly for the licence to the relevant Government depart~vr,t or organization "mch is authorized to is~ue the same. in accordance with the existing laws. 12. The relevant Government department or organization which i~ :rntl10rized 10 is:u:: the licerice· shal.1 drt~rmine the conditions oi ti.; -: licence. tenure. J-:1.·'.·n...:c (ces a1:d licence extension fees. 22 Chapter VI Temporary Revocation Subject to a Time Limit and Cancellation of Licence I 3. The Township Food and Drug Supervisory Committee may pass a temporary or permanent prohibitory punishment on the person who commits any of the following acts: (a) production, storage or sale of food under unhygienic conditions; (b) causing a person who has contracted food-borne infec tion or who is a carrier of the germs of the said infection to enter or work on the premises for production, storage or sale of food. 14. If a person who has obtained a licence violates or is considered to have violated any order, directive, condition or any condition of the licence issped by the relevant Government department or organization, the Governinent department or organizatiO\l which is authorized to issue the licence may revoke the licence temporarily subject to ·a time limit or cancel it. .15. The Board of Authority may d'irect the relevant State /Divisional, District and Township Food and Drug Supervisory Committees to seize the food produced and distributed by a person whose licence has· been cancelled due to infringement of any condition relating to quality assurance. Chapter VIl Appeal 16. A person dissatisfied with a decision made by the :i:.ithorized Government department or organization in respect of the refusal to gr:mr licence, temporary revocation subject to a time limit or cancellation of licenc,,, r.1ay file an appeal to the relevant Minister or the Chairman of t.'le Y a.,gcm City Development Committee wai11n 60 days from the date of such decision. · i 7. The decision of lhe relevant 1'1inister or Chaim1an of the Yangon City Deveiop-rnent Committee shall be final and conclusive. 23 Chapter·vm Quality Assurance, LabelHng and Advertisement 18. A person who produces, imports, exports, stores, distributes or sells fond shall strictly abide by the order, directive and conditions issued by the relevant Government department or organization or Board of Authority in respect of quality assurance of food, labelling and advertisement. Chapter IX Assigning of ReseJ>llSibility as Inspectors 19. The Ministry of Health: (a) shall assign responsibility' as Food Inspectors to the staff subordinate to h in order to carry out inspection of food and inspection as to whether or not there is observance of good production practices; (b) shall assign responsibility ,.as Food Inspectors to suitable staff in coordination with the relevant Devek)pment Committee, in Yangon City Development Areas and Mandalay City l;:>evelopment Areas and in coordination with the relevant Ministry in other areas; ( c) shall determine the duties and powers of the Food Inspector. 20. (a) The Food Inspector shall submit his findings on inspection to the relevant Township Food and Drug Supervisory Committee. (b) The Township Food and Drug .Supervisory Committee after scrutinizing the report of the Food lnspcctor: (1) shall, if infringement of the provision of sub-section (a) or (b) of section l 3 is found, pass any relevant administratiYc punishmen1; (2) shall, if infringement of the prohibi!: ,, contained in secti, ,. ) 0 ~cc!ion 23, section 24 or .'\ection 2:i L, ~c,i .md, take acti~m L :1d..::1 this Law; (3) shall. it cause to take administratiw cc!ien arises, submit lc, the relevant Government departmrn! c;- vrganization which is authorized to issue licence. 24 21. 22. Chapter X Prohibition No one shall fail to abide by any order passed under section I 3. No one shall produce import, export, store, distribute or sell the following food: (a) food that may be poisonous, dangerous or injurious to the health of . the consumer; (b) food wholly or partly substituted or adulterated so as to affect or endanger the nature, substance or quality of the food; (c) food in which food additive is used in excess of the prescribed limit; (d) food containing agricultural chemicals in excess of the maximum permissible level determined by the authority concerned; (e) food containing substance prohibited or not allowed by the authority concerned; (f) food containing putrid, deteriorated substance or substance unfit for human consumption; (g) food differing from standards; (h) food, on the label of which property not included in it is wrongly stated; (i) food, which docs not include the information to be stated, as determined by the relevant Government department or organization which ;s authmized to issue the licence. 23. No one shall produc~ umtroiled food without a licence. 24. No one shall without a licence export, store. distribute or sell controlkd food produced. 25. No one who produces, imports. exports. stores. distributes or sells fo,ll.l shall fail to abide by the order, tiircctivc and conditions issued hy the relevant Government department or organization or the BoarJ of Authority in respect of the following: (a) quality assurance; (h) labelling: (c) advcr,;sement. Oiap~r·.x1 Offences · and Penalties 26. Whoever violates the provision of section 21 shall, on punished with imprisonment for a term which may extend to fine which may extend to kyats 1qooo or with both. 25 conviction, b.e I year or with 27. Whoever after conviction for failing to abide by any provision of section 21, fails continuously to abide by the same, shall be punished with a further fine of kyats 500 for each day during which the failure continues. 28. Whoever violates any. provision of section 22 shall, on conv1ct10n: (a) if it is an offence relating to food contained in sub-section (a), sub-section (b), sub-section (t}, suh-sectior. (d}, sub-sec,ion (e) er sub-section (f), be punished with irnpris< mmcnt for a term whi,:i; m;; y extend to 3 years or with fine which may extend to kyats ~(;()Ou or with both; (b) if it is an offence relating to food con,ained '" sub-sect,,,,, (g), sub-section (h), or sub-section (i}, be punished with imr,nsonme.·, for a term which may extend to I year or with fine which may extend to kyats I (lO()(J or with both; (c} the exhibits involved in the 0ffenci? shall also be liabk to l'e confiscated. 29. Whoever violates the provisi011 of section 23 shall, on convic~ion, bt~ punished with imprisonment for a term which m~:,· extend to 5 years or wilh fine which may extend from a minimum of kyals 5,000 to a maxin,urn of kyats 50,000 or with both. In addition, the c;, hibi: 0 involved in tf,.:: oftence shall also he liable to he confiscated. 30. V/hrn:,\·'"., 1 \';,,)lat<~s 1·:e provision of sec,, ; -::'i : Lall. on ..::··011v 1.:,.1<)n '..-c punish•"d with impl'l.sonn1ent far a term which n::..·. c;-.tend to 3 years n: v:ith fine whic;1 m:~y ext•~n d from a minimum of ky<i~s lf..lOQ to a maximuir-: 1-:'rkyc::-. 10,000 or with bo:h. In addition, the exhibits inv,,Jv"d in the offence sh,1; aiso be liable to be confiscated. 26 31. Any person who produces, imports, exports, stores, distributes or sells food and who violates the provision of section 25, shall on conviction, be punished with imprisonment for a term which may extend to 3 years or with fine which may extend from a minimum of k.yats WOO to a maximum of kyats 3qoo<l or with both. Chapter XII Miscellaneous 32. (a) ln areas oti'1er than the Yangon City Development Area and Mandalay City Development Area the Township Food and Drug Supervisory Committee may carry out inspection of food. (b) In Yangon City Development Area and Mandalay City Development Area, the Township Food and Drug Supervisory Committee shall carry out the inspection of food, in co-ordination with the relevant Health Department of the Yangon City Development Committee or. the Mandal:\y C/ty D:;velopment Committee. 33. The provisions of this Law shall not apply to food brought into or taken om of the country together with a oerson for personal consumption. 34. In instituting iegal proceedings tinder this Law, prior sanction of the Ministry of Health or the organization or person delegated with powers for this purpose shall be obtained. 35. The Government deparl'nent or organization which is authorized to grant pennission to import or export food for commercial purpose shall only grant petmission to the person who can submit a certificate of recommendation of the Departmem of Health. 36. The orders, directives and conditions issued by the Government department or organization which :s a~thorized hl issue licence shall be de~med to be the ordc.rs< directives aad conditions issued under this Law. The orders relating to the inspection of food issued under the National Drug Law and t'le orders relating to tht: standx-dization 0f foof1 issued under 27 any existing law may continue to be aoolicable in so far as they are not inconsistent with this Law. 38. For the purpose of carrying out the prov1s10ns of this ~aw:' (a) the Ministry of Health may issue such rules and procedures as may be necessary, with the approval of the Government; (b) the relevant Government department or organization or Board of Authority may issue such order and directives as may be necessary. Sd./ Than Shwe Senicr General Chairman The State Law and Order Restoration Council