Food Law of Liberia of 2017

I ,- - -----~~-------. I "AN ACT TO AMEND TH!\ EXECUTIVE LAW OF LIBERIA TO CREATE A NATIONAL FOO~ AND FEED QUALITY AND SAFETY ACT" • I .- - ,. APPROVED: FEPTEMBER 17, 2019 PUBLISHEn= OCTOBER 22, 2019 L An Act to Amend 1he Execut,ve Law of.L.r.Uof'.. .i· .. to create a National Food and Peed Quality and Safety Actof2017 TABLE OF CONTENTS PART ONE: GENERAL PROVISIONS ....................................................................................... 5 Chapter One· Title .... ·-·························· ..................................................................................... 5 Chapter Two: Objectives and Scope .......................................................................................... 5 Chapter Three: Definitions ......................................................................................................... 5 PART TWO: PRIN'CIPLES OF FOOD W ............................................................................... 9 Chapter Four. Risk Assessment ................................................................................................ 9 Chapter Five: Risk Communication ........................................................................................ 10 Chapter Six: Risk Management. ........... ................................................................................... 10 Chapter Seven: Activities Included in · k Analysis .............................................................. IO Chapter Eight Precautionary Principle .................................................................................... 11 Chapter Nine: Transparency ..................................................................................................... 11 PART THREE: GENERAL REQUIRE FOR FOOD SAFETY ..................................... 11 Chapter Ten: Food Safety Requ.iremen .................................................................................. 11 Chapter Eleven: Feed Safety Requirem ts .............................................................................. 12 Chapter Twel~: Regulations regarding ety of food .............................. :·--·········--····--········· 13 PART FOUR: International Trade in Fo and Feed ................................................................... 14 Chapter Thirteen: Imported Food and F .............................................................................. 14 Chapter Fourteen: Food and Feed expo ed. :from the Republic of Liberia ............................... 14 PART FOIIR: Licensing .............................................................................................................. 14 Chapter Fifteen: Licensing of Establis Chapter Sixteen: License Conditions ....................................................................................... 15 Chapter Seventeen: Suspension and C cellation of License ................................................... 15 Chapter Eighteen: Fees for Award and ewal of Licenses ................................................... 15 18.1 An appropriate fee shall be pa; ble to the Liberia Food Authority in respect of each application for a license and each su equent application for renewal of a license granted under Chapter 15 of this Act ..................................................................................................... 15 PART FIVE: SAFETY RESPONS ILITIES OF FOOD AND FEED BUSINESS OPERATORS .............................................................................................................................. 16 Chapter Nineteen: General Responsibm for Safety of Food and Feed .................................. 16 Chapter Twenty: Responsibilities: with ct to food or feed not in compliance ................... 16 2 Chapter Twenty-one: Requirements for raceability of Food and Feeds ................................. 17 Chapter Twenty-two: Requirement for System to Control Food Safety Hazards .................. 17 Part Six: Regulations of Food Quality ......................................................................................... I 8 Chapter Twenty-three: Scope of Regula ion of Food Quality .................................................. 18 Part Seven: Declarations and Labeling ........................................................................................ 18 Chapter Twenty-four: Labeling, False d misleading descriptions ......................................... 18 Chapter Twenty-five: Official Control f Safety of Food and Feed ........................................ 19 Part Eight: General Principles oflnspectio ................................................................................. 20 Chapter Twenty-seven: Content of Insp ctions ........................................................................ 20 Chapter Twenty-eight: Healtl1 and Hy ene Inspection of Persons in Contact with Food and Feed .......................................................................................................................................... 21 Chapter Twenty-nine: Sampling for Lab ratory Analysis ........................................................ 21 Part Nine: Provisions for Official Control f Food Quality ......................................................... 21 Chapter 30: Official Control of Food Q ity ............... . ......................................................... 21 Chapter 31 :General Principles of Im;pec · on ............................................................................ 21 Chapter 32:Content of Inspections ........................................................................................... 21 Part Ten: GE1\1ERAL PROVISIONS FOR FFICM.L CONTROL OF FOOD .......................... 22 Chapter Thirty-three: Action in Case of ontraventions .......................................................... 22 Chapter Thirty-four: Annual Inspection ogram and Report .................................................. 22 Chapter Thirty-five: Laboratory- Analysi of Samples .............................................................. 23 Part Eleven: Official Testing and Rcferenc Laboratories ........................................................... 23 Chapter Thirty-six: Accreditation of O iru Testing Laboratories ......................................... 23 Chapter Thirty-seven: Nomination of R erence Laboratories ................................................. 23 Part Twelve: EMERGENCIES AND CRl S MANAGEMENT ................................................ 24 Chapter Thirty-eight. Emergency Meas es for Ensuring Safety of Food and Feed ................ 24 Chapter Thirty-nine: General Plan fur C sis Management ...................................................... 24 39.I An mstitm.ioom ammge.ment w ~a~ updming of the Glvt:mmmt of Liberia and the population on food safi matters and actions:when there is a food safety crisis. An Inter-Ministerial Food Safety Erner ncy Committee would comprise the three Ministers of Health, Agriculture and Commerce th the Food Authority as secretary to said Committee. Additional Ministers or particular stak holders may be invited, based on the nature of the 3 emergency, provided the essentials of urgent action and technical expertise are both considered. This committee would me t as necessary in the case of a food safety crisis ......... 24 Part Thirteen: FOOD AUTIIORITY OF REPUBLIC OF LIBERIA .................................. 25 Chapter 40: The Food Authority ...........................•..............•.....•...•..•...................................... 25 Chapter 41: Organization of 1he Autho · fy .......................•.....•••...•..•••..........••.......................... 25 Chapter 42: Composition, Appointmen and Terms of Board of Directors .••........................... 25 Chapter 43: Criteria for Appointment fBoard of Directors Members ................................... 26 Cbapter44~ Duties ofthe Boord ofD. ·rs ..........•..•...................•...........••............................ 26 Chapter 45: Director General .............................•.................................................................... 27 Ompter 46: Scientific Committee ........................................................................................... 27 Chapter 47: Scientific Opinions .............................................................................................. 28 Chapter 48: Diverging Scientific 0p· s ....•....•.....•.........•••...•.•.•.•.......•..•......••...•................. 29 Chapter 49: Stakeholder Consultative F rum ........................................................................... 29 Chapter 50: Fees and Expenses ............................................................................................. 30 PART FOURTEEN: POWERS AND PONSIBILITIES OF COMPETENT AUTHORilY30 Chapter 51: Authorized Officers .............................................................................................. 30 ~52: Po\1ffl!'S of ~Offi~; : 31 • Chapter 53: Duties and Responsibiliti of Authorized Officers and Members of Competent Authorities ................................................................................................................................ 32 PART FWIBEN: OFFENSES AND D SES ............................ ·-········································ 33 Chapter 54: Offenses ............................................................................................................... 33 Chapter 55: Due Diligence Defense...... . ................................................................................. 33 Chapter 56· Appeals ................................................................................................................. 3 3 PART SIXTEEN: NOMINATION OF C MPETENT AUTHORITY ....................................... 34 Olapter 57: Nomination of Competent :ufuority .......••..•..•...........•.. - ...................................... 34 Chapter 58: Food Control Advisory Co mittee ...................................................................... 34 PART SEVENTEEN: REPEALS AND,...., .... ,,.. MENTS .......................................................... 35 C'hapter 59: Repeals and Amendments • . ................................................................................. 35 4 PREAMBL~ Whereas, the consumption of food is a un versa! aspect of human existence; Whereas, the right to enjoyment of Hf. is assured to aU Liberians as an integral promise contained in our nation's Constitution; Considering, that the presence of foo that is safe and adequate is essential to life and contributes ro its enjoyment; Whereas, a large number of health cond· ions can be caused, prevented. managed or otherwise influenced by what and how we eat; Whereas, international bodies including AO, WHO and the WTO have derived a number of international protocols, conventions and ndices that set guidelines fur food safety and food safety faws; Whereas, the AU and ECOWAS have se up regional guidelines of best practices that enhance food safety in their member nations. Whereas, Liberia as a responsible memb r of the international community is obligated to take action for the adoption of comparable guid lines in order ro protect its citizens and those of other nations resident or transiting in its temto by ensuring the wholesomeness of food products in domestic use and sent out into internation NOW THEREFORE, IT IS HEREBY NACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE REPUBL OF LIBERIA, IN LEGISLATIJRE ASSEMBLED: PART ONE: GENERAL PROVISIONS Chapter OJRe: TI& This Act shall be cited as the Food Law of iberia of 2017. Chapter Two: Objectives and &:ope This Act is to: 2.1 Establish the general principles to en ure safety and quality of food and feed at the national level. It shaH institute the structures and mechanisms for Food Safety in the Republic of Liberia; 2.2 Apply to all activities and all areas of e safuty and quality of foods mid feeds affecting th.e health of consumers. It shall apply to aU stages of production, processing, and distnl:nrtion of food commodities, which are unde en in the course of a food business. Chapter Three: Dclinitfons For the purposes of this Act, these definifio 5 3..1 "Food .. (or fuodsmff) ~ ~ ~ or pmduci,, ~ ~ partially ~ m ~ · to be,. or ~ expeded m be ingested by Jmmms.. Amdes iocloomg . . med as mmimem iw lmmM oommnption or use, ak:oholic and~ ~ gtD; kc md mticit;s lm:d for romponems of any- Si.di article. "Food" me drink, clJewmg gum and my subsbmce, including warer; ~ ~ the fuod dmmg ifs ~ ~ or 1reatmem. Itmdooes warera&:r point where: 3.1.l m 1he ase of w.rter suppli from a d"IStnlmwm ~ the pmm:, within premises OT a~ at · it~ 1mm. ~ aps dm.-are~ med fo:r lmm;m~ 3.1.2 in the case of water suppli. the tanker; :from a tanker, at the point at which it emerges from 3.l.3 in~ case ofw.m:ir pa - ~or~~ fur~ • the pomt a ~ 1he wmer is pm mm ~ or contamers; 3.1.4 in die~ of~ u.sed • a~~ at the pomt where the ~ismatmth::lDl~~ig.. gFood" shall no1: mcru~: 3.1.5 feed; 3.1.6 live animals unless they e prepared for placing on the market for human consumption; 3.I.7 plants prior to harvesting; 3.1.8 medicinru J>roducts within e meaning of Liberia Medicines and Health Products Regulatory Authority of 201 ; 3.1.9 mmooo amd ~ mn.mx::Uu ~in~ Public Hedh Law of Liberia; 3.J..10 mn:otic or ~ic su st.woes witllm the meamng of the Uil£d Namm:s· ~~Oil. • Dmgs... 1%1,, and the~ Natioos ('~ oo ~ic ~ 1 ad the ~ ~ in rue u"beria Comrolled~ aid ~~D'!:S&tof.2014; l.1.1 l ~ mid aimbmi .. 41nm ~ ph!cie" me.ms m ~ili:-~mt,.~ dmn a~ where rood is~ mW a a1m w tm ~ ~ me~ bii: is mx fim&:d 1D, school lunch rooms, dmmg roomsmclnlJs « amd aling~ lMBlitamed in &crories m o.ffia::shpmsmmd~in ~ "'Food~~ m ~ cf«~~ wod:mg in a filod~ who prepi!DII.'$,, ~ ~ ~ ~ pd.-s Of' .mmidb mod, oc whose duties or &e ciu.:,wmJmtCCS ~ · he wmb in sum. cm~~ Sid as IU!!lJ" dlett poo& ~ "0~~ ~ moo • ~" means a bakay,. box lunch stme,. or smre sdimg box~ ~" food stmMl,. 5b'ed staDs,, wairer m.m:kets,. :fuoti cari; ~, or~~ of fimd ~wm.::h m;,,,•m~ mixes, ~ piddes,. slices 3rd ~bR/es or ~ food h off"-tbe-,premises ~ ootdoes not melndc teimmumtor~pla::e.. 3.5 ;:Restaurant;' means a pubilc esta llshment where food is served, sold and eaten on the premises. The term includes, but i not limited to, buffets, lunch rooms, lunch counters, night clubs, bars, cafeterias, grillro ms, hotel dining rooms and cook shops. 3.6 "Authorized U1Uoor'' means any ub!ic officer designated by the competent authority to be an officer authorized under Cha ter 52 of 1his Act. 3. 7 "Competcut Au~ority" means th Liberia Food Authority. 3.8 "Esfablishment" means anyprem· es engaged in pfacing food on the market, including, premises where products are prep , processed (including slaughtered) packaged or stored. It includes every place wh re food is prepared.,, mixed, cooked, baked, smoked, ~ hffltloo,, p.dred,. ~-""""'b ~ ~ offered fm-~ or sold loo ~ mclooes bm is :oot limired mod processing establ~ 51~ h<mses,. public ~ mmibies, w· - ~ esmb~ ~ m 100 mmmf;mcmremd~ofnon-~1m•iic ~~~dry~ mkeries,. ~ ~ ~' ~ food ~ food ~ fuoo c.m,, rew1 food ~ mm vehicles; ~ o.r tm';Mlls ~ m Sldt food esmbli~ 3.9 "Feed lmsiness operator" means he natural or legal persons responsible for ensuring that the requirements of this Act are et within the feed business under their control; 3.10 "Feed busi!i!.!$S" means any und · g whether for profit or not and whether public or private, carrying out any operatio of production, manufacture, processing, storage, transport or distribution of feed ind ding an.y producer who produces,, processes or stores feed for feeding to animals on his o holding. 3.U "Feed'' (or feeding stuff) means an substance or product, including additives, whether processed, partially processed or u process~ intended to be used for orai feeding· to animals. 3.12 "Final comm mer" means the ultim te con-sumer of a foodstuff who wiH not use the food as part of any food business opcrati or activity. 3.13 "Food business operator" means · e natural or legal persons responsible for ensuring that the requirements of this Act are et within the food business under their control. 3.14 "Food fmsh1css" means any unde ing, whether for profit or not and whether public or private carrying out any of the acti rues related to any stage of production, processing and distribution of food. 3.15 "Food quality" means the aggreg te characteristics of a food product that bear on its ability to satisfy the needs of final consumer. fa the context of this Act this shall not relate to characteristics. which affect the health of the final consumer as detennined under Chapter 10 of tbis Act. It shall inciu e chru:acteristics relating to the economic interests of the final consumer. 3.16 "Genetically Modffi.ed Organism (GMO)" means any biological entity capable of reproducing itself or transferring etic material,, except the human species. whose genetic material has been modified n. a way which is produced neither naturally in the environment nor by natural recomb · tlon. 3.17 "Hazard" means a biological. che ical or physical agent in, or condition o:f, food or feed with the potential to cause an ad erse effect on human health. 1 .3..21 3.ll 3.23 324 3.25 "L.d.tdiu~f~ shaJ1 mem ~ ~ ~ bmmi ~ ~ matter or symbol rebtmg ro a fiJiod and ~ oo any paic::bgmg, doca.•11t.•nt, no6ce, Imel, ring oc~~m- - m such f~ "Novd ~.,, meas mods ad fuod m~ whidt have mt~ been used for hmmm ronsam,pion ma - · degree withm I.mm ad~ :fun under the following~ 3.19.1 fuods and food ingredien consisting of or isolated from micro-organism.s, fungi or algae; J.1,.2 moos md fi:lod • ~ or « isoJatoo from pbm5 aoo roo.1 ~~from • except foods .ruid food~~ by ~ prc1a,pfo1g ~~and having a~ of sm-e food use; 3.193 foods .m!id food ingn:di containing or consisting of genetically modified 01gamsms; 3.19.4 foods and food ingredi ts produced from, but not containing. genetically modified organisms; J.1u moos m moo -· ~i:tl!.eJ!l- m whidl nu ~ ~ a~~ not cm:remly ~ ~ process gives rise ID ~ w.mges m the ~ « ~ 6.e :fuods or bJd mgredi':ots which afmct their ~~~r orkwdof~k~ 3.19.5 foods mid rood • widl a new- « ~ modffiui primary ~~ "Offidal ~ of~ .m ~ by 1he ~ ~ of the ~ with ~ of · Ad fullmved hy ~ ro ~ that any ~are~ . "Pbmg mm die~ the hoWmg of moo or reed fur die pmpose of sale, mcblmg ~ :fur S3le or my~ fmm of~,, whethtt ftee of dnrge or not, aid &c ~ ~ and mm of mms& ~ ~ within the ten:itmyofliberia ~oraot •::mk)d. for- sale on. d!!e ~ m.ukd:oc:fur export. ~ ~ smn ml'.:ml my smgle mu b-p~on as such. ro the ~ ~mid mi~ ~ ~fi'a ~• the padmging mm whld:t it was pit~ • ofta:ed h sale,~ such pie~ encloses the foodsmff ~ m- om;y pa11~w;,. but- m my case m such a way that the ~ camwt"be~~~ ~·~ ~ pmdlll!diml'.l'JI :me:ms ~ .mm.mg or growing of pmwy ~ mcloomg ~ wli;;'mg ad lfilmJe.J mmmls" prodootim prim-to~- It also mchlldes hootiog.m :fismag and ~of wild~ ~ means the: moolmg ,m,JJ, ~ of food md its smmge at~ poim: of sue or~m ~fimJ ~ mcludesdism1mtioo. bmimk,. ~~ ~ ~ ~~I. ~Md~~ mod~ opemtio~ shops.~ · • cemm-smu:l wholcsa!e ~ ~ ~ mam a ~ ~ of three ~ ~ mi: ~ rislr~- ~ "Risk ~eat'" means 1he Jl!IOli!ess of ~ defining and ~ die enmt of :ems imrotftd hy of 2. ~Jeally Nsed ~ ~ of the 8 foUowing steps: (i) hazard ident iication, (ii) hazard charactenzation, (iii) exposure assessment, and (iv) risk character zation. 3.27 Risk Assessment Policy means ocumented guidelines on the choice of options and associm-oo decisKms for tlicir app . • at: appropriare poi.ms m the risk ~t sm;h that ihe scicufific mregrity of ffre MJ~i:s is~ J..28 "ffi:di: ~lmD~" .me.ms ~ a~ of~ :md ~ ~ tire risk .malysis proi~ as regards hwm'ds and r.im, ris.k--irelared ~ ~ risk ~, among risk ~~rs, risk ~ ~ ~ and food bm.i~ the ~ - y and other ~ ~ mr:lmlmg the exp~ ofrisk~iml~~m!d the basis of risk ~deci.s~ 32t "Riik ~mt" ·meam ~ mm~ dminct funn risk ~ of weighing policy ~es m Q'mSl~btian - ~~~risk~~ other legitimate factors, and, if n be, selecting appropriate prevention and control options. 3.30 "Risk" means a function ofthe pr hHity of an adverse health effect and the severity of that effect, consequential to a haza 3.31 "Stages of production, processi g and distribution,.. means any stage, including import, from and including the pr ry production of a food, up to and including its storage, transport, sale or suppl to the final conswner and, where relevant., the importation, production, rmumfactu , storage, transport, distribution, sale and supply of feed. 3.32 ''Traceability" mean the ability to trace and foHow a food, food-producing animal o:r substance intended to be, or expect d to be incorporated into a food or feed, through aU stages of production, processing an distn'bution. PART TWO: PRINCIPLES OF FOOD 4.1 In order to achieve the general objec ·ve of a high level of protection of human health and life, measures applied under this Ac shall be based on risk: assessment except where this is not appropriate to the circw:nstoo. or the nature ofthe measure. 4.l in accordance with specific Regulations stating the Principles Relating to the Role of. od Safety Risk Assessment and should incorporate the four steps of the risk assessme t, i.e. hazard identification, hazard characterization, exposure assessment and risk charac rization. 4.3 Risk assessment shall be done usin the available scientific evidence and undertaken in an independent, objective and transp 4.4 The responsibility of conducting a · assessment shaU be functionally separate from the risk management component in orde to ensure the scientific integrity of the assessment. 4.5 Experts responsible for risk assessm nt should be selected m a transparent manner on the basis of their expertise» experience, and their independence with regard to the interests 9 involved. The procedures used t select these experts should be docwnented including a public declaration of any potent· conflict of interest. 4.6 The scope and pm-pose of the articular risk assessment being carried out should be clearly stated and in accordance ith risk assessment policy. Chapter Five: Risk Commumatioo 5.1 5.2 The Working Principles of Risk alysis require that the risk analysis process is fully transparent and thoroughly docu ented mid that the results are made available to al! stakeholders. Risk communication shall ensure at • the Government of the Repub · c of Liberia • persons respmw"ble for risk a.gement "' ~O~ft:$~~fi.rofficlmoomrol of food ffldfood suety ffil fuod md:rem ~ ope~rs • ~ ~ -timdy,. ~thk. ~ ~ .md oomprehmsible ~~food &~risks. 6.1 Risk Management shall ensure that: 6.1.1 Prevention and control m mes taken to reduce, eliminate o:r avoid a risk to health from the oonsump on of food shall talre into account the resmts of risk assessment. 6.1.2 Such measures shall be effi ·ve, equitable and proportion.ate. 6.2 Risk management shall ensure th t the appropriate prevention and comrol measures are applied at the point of the feed an food supply chain where they can be most effective in reducing or eliminating the risk Chapter Seven: Activities Included m · In addition to risk assessment,, risk co include the following activities: unication and risk management, risk analysis shall 7..1 Providing1he ~-~ ~mbiJC. of~ the~-mod~ mm~the ~possible · opmums mmmonstofi>od~ 1:z. Promotmg mm ~ the of mifumi mi: ~ mm o:ffieim awml~mdienekk tos.m.tyoffoodamfeeds 7.3 Commissioning sciemffic smrues fur the ~of risk~ in fields~ m sm:t:, offuod and 7.4 ~ fur,. rofb::mlg. -~a. Malyzmg and~~ mid~ datamtheficldsrebm:dto suetyo fued.md feeds 7.S ~ action to ilbwfy Ghaii:adaiw cmaging risks in 1hc fieWs ~ to smetyoffuodfflld feeds 10 7.6 Providing scientific and techni al assistance, when requested to do so by the Government, in relation to emerg cy procedures referred to under Chapter 3& and 39. Chapter Eight: P.recautiomuy Principi 8.1 In specific circumstances where, oHowing an assessment of available information. the possibility of harmful effects on h 1th is identified but scientific uncertainty persists, the ,.Precautionruy Principle" shall be applied wherein provisional risk management measures necessary to ensure a hi h level of health protection may be adopted, pending further scientific information for a more comprehensive risk assessment. 8.2 Measures adopted on the basis of ection 1 shall be proportionate and no more restrictive of internal or external trade than is required to achieve an appropriate level of health protection, regard being had to edmical and economic feasibility and other factors regarded as legitimate m the ma under consideration. The measures shaU be reviewed within a reasonable period of tim , depending on the nature of the risk to life or health identified and the type of sci ntific information needed to clarify the scientific uncertaimy and to conduct a more omprehensive risk assessment. 8.3 Where precautionary measures tm er Section 1 of this Chapter are implemented in good faith and in accordance with Se tion 2 of this Chapter and subsequent removal of scientific uncertainty indicates that they were not required to ensure health protection, the Competent Authority shall not b held liable for any subsequent losses incurred as a result of the measures. Claapter Nine: Transparency 9.1 There shall be open and transpru:en public consultation, directly or through representative bodies, during the preparation, e aluation and revision of :risk management measures, except where the urgency of the atter does not allow it fo:r the protection of consumer health. 9.2 Without prejudice to the appfica e provisions of the Freedom of Information Act of 2010, where there are reasonable m.mds to suspect that a food or feed may present a risk for human or animal health. n,, depending on the nature, seriousness and extent of that risk, public authorities shall e appropriate steps to inform the general public of the nature of the risk to health, identi ·ng to the fullest extent possible the food or feed, or type of food or feed, the risk that it may present, and the measures which are taken or about to be taken to prevent, redu or eliminate that risk. NTS FORFOOD SAFETY Chapter Ten: Food Safety Requircmen 10.1 Food shall not be placed on them 10.2 Food shall be deemed to be unsafe it is considered to be: 10.2.l Injurious to health; 11 1U tu Ht6 In ddammmgwhetherany food ~Rgard shill belmd; Ul3.1 To the oomw OOE!am~ of me of the food by die fuw oonsumer and at each stageof~ · •~a 10.3.2 To the ~ pro · to the final ~ :incloomg ~ on the label, or o1:ha -- irdmmmio ~Y available m the final comu.mer amcemmg the avoimmce of specific~~ heaMt efleds from a~ food or csegmy offuods.. In~~~ food ~ ro heabh ~ shall 001-d; l0..4.1 oot only to the~ ~m:d~ or :mort--tmn and kmg-tmn e~ of that food on the ~ of ~ amsuming it, but tdso on the ~ ~ l 0.4.2 to the probable cumubmv toxic effects; 10.43 to the particular health s itivities of a specific category of consumers, where the food is intem:kd fur that gory of consumers ~ my food which is~· part of a~ .lm:m-~ of food of the same class or~ it slmJI OOPfC4rumiOO tm:t all the food in 1hat~ lotor~ is abo ~ mdess mllowmg a ~med~ tbae is oo- eridmre that the rest of the~ fut rn- oonsigmm::nt is~ Food which complies with specifi regulations governing food safety shall be deemed to be safe insofar as the aspects cove by the specific regulations are concerned. 10..7 Co:momiliy of a Cood with ~ ~ m bi ftJOO smll ~ bar the ~Admty ftom ~ffl!P11lll-rte measures ro impose~ on it bemg ~ oodtemm:b.:t-«m ~ :fromthemam:twherethereare ~ msmpea:~~sud!CO!lili$1D-LY,,. tbefuod is~ U.l Feed shall not be placed on the m et or fod to any food-producing animal if it is unsafe. 11.2 Feed shall be deemed to be unsafe or its intended use if it is considered to: 11.2.1 have adverse effect on h or animal health; or 11.2.2 Make the food derived from food-producing animals unsafe for human consumption. U.3 Where a reed which las beea lltl" ~~ as not sa&fymg the imJ. ~~is part of a batch, k'llt or~ of reed- of the same class or-~ it sh.ill. be presumed &it all of the m:d in ~ lot or amsignmem is so ~ umess :fullowmg ~~led~-. sciemffic resting, ihae is DO~ 'dmt the rest of the bak:b,,. J.otor • wlsto satisfy-the ~s:afi:ty'~ 12 i 11.4 Feed which complies with specifi regulations governing feed safety shaU be deemed to be safe insofar as the aspects cove d by the specific regulations are concerned. U.5 Confonnity of a feed with spec· c provisions applicable to that feed shall not bar the Competent authority from taking ppropriate measures to impose restrictions on it being placed on the market or to require its withdrawal from the market where there are reasons to suspect that, despite such confu icy, the feed is unsafe. At the request of the Competent Authori , the Ministry of Health, the Ministry of Agriculture o:r the Ministry of Commerce may by regufa · on make provisions for: 12.1 requiring, prohibiting or reguJa g the presence in food or feed of any specified substance, or any substance of y specified dass, and generally for regulating the composition of food or feed; 12.2 securing that food is fit for human consumption and meets such microbiological or other standards as may be specified by o 1.mder the regulations; 12.3 requiring, prohibiting or regulatin the use of any process or treatment in the preparation of food or feed; 12.4 securing the observance of hygi nic conditions and practices in comiection with the carrying out of commercial with ped: to food and feed; 12.5 imposing requirements or prohi itions as to the labeling, marking, presenting or advertising of food, the descripti n.s which may be applied to food, and the language used; 12.6 securing the observance of hygie ic conditions and practices in connection with the carrying out of commercial ope tions with respect to contact materials which are intended to come into contact with ood intended with hum.an consumption; 12. 7 the application of internal sy~em applied by food business operators for ensuring the safety of food placed on the mark: by them; 12.8 ensuring that the safety measures least equivalent to those foods pr plied to imported and exported food and feed are at ced within the Republic of Liberia; 12.9 prohibiting, or limiting subject to s ecmed conditions 13 12.9.2 The use in the manuf.a of products for sale for such consumption of food derived from specific foo or feed sources, however defined, whether by species, place of origin, nature, su sequent treatment or other characteristic. 12.l O Regulating the treatment and di 12.l0.1 Which is unfit forh 12.10.2 Which fruls to comply 12.10.3 Which,. though not prohibited from being consumption; or · the regulations; or t for human consumption, is not intended for, or is Id for, such consumption. 12.U For matters wifu respect to food or feed as appears to be necessary for the purpose of ensuring that such food or feed mplies with food safety requirements or in the interest of the public health. 12.12 Prohibiting or regulating the pl ing on the market of novel foods or for defining procedures for approval prior to p acing on the market of any such foods. 12.13 Matter relating to any other issu deemed necessruy for the implementation of this Act. PART FOUR: ~TIONAL TRADE FOOD AND FEED . Food Md food ~imo the Repub - of~fur~mi the~skdl compfy ~ •the :rekvant~ of this Ad; or,. a specific ~e.n;fs ~ the :Rqmblic of LI~ m1d the ~ mmmy,. ~mts from such c:oontries shdi comply wi1h the req~ ~ ~ wmdi be at~~ to the~~ as ~intru:sad.. Cb.apter Fourteen: Food and Feed ex from the Republic of Liberia Food mid reed~ or~ ~ Republic of.Liberia fur pbcmg oo the mmket of .modla-~ sbali comply widl the ~~ rood afd:y ~ of this Act, wless ~ reqmmd by tlle ~ of ~~or~ byfhe laws m force in the impodmg c:oomry. PART FOUR: LICENSING Chapter Fifteen: Licensing of Establish 15.1 The Liberia Food Authority may nfuree regulations made under the powers granted in Chapter 12, the classes of establis en~ which shall be subject to a license granted under thlsAct. 14 15.2 A license granted .in accordance with Section (1) in respect of an establishment shaB authorize that establishment to s re, process, package or place food on the market for a defined period and for such produ t-. and processes as may be specified in the license. Chapter Sixteen: License Condmons 16.l Every establishment :requiring a icense under this Act shall be subject to any general operating and management req :rements which may be prescribed by the Authority, including conditions relating tn: 16. l .1 The design, layout and co struction of premises 16.1.2 The design and constructi n of any equipment used, including means of transport 16.1.3 The conduct of any person entering area in which food or feed is handled 16.1.4 The design and applicati n of internal system for ensuring the safety of food placed on the market. 16.2 In specifying :any conditions app1 ed to the award of a license the Authority may make reference to existing legislation. 16.3 Where it is considered to be expe ient for ensuring the safety of food, the conditions of any license granted in accordance 1th Chapter I 5 may be varied at any time and without notice by the written order of the mpetent authority. 17. l Any license granted in accordance with Chapter 15 may be suspended or cancelled at any time and without notice by the wri n order of the competent authority:: 17. l. l Where an establishment venes this Act or any :regulations made thereunder or in contravention of any f the conditions of the license. 17 .1.2 Where such action fa deem necessary or expedient for the purpose of protecting public health. Chapter Eighteen: Fees for Award ud 18.1 An appropriate fee shall be paya fo to the Liberia Food Authority in respect of each application for a license and each ubsequent application for renewal of a license granted under Chapter 15 of this Act. 18.2 The schedule of fees shall be pr cribed by the Liberia Food Authority and will be published annually by the Compet t Authority. 18.3 Fees received by the Liberia Food uthority under this Chapter wm be used to cover the costs or part of the costs of the offi ·a1 control of safety and quality of food and feed. 15 PART FIVE: SAFETY RESPON ILITIES OF FOOD AND FEED BUSINESS OPERATORS Chapter Nineteen: Ge!ll.eral Respon.sib iity for Safety of Food and Feed nu. Food .am! feed ~ OPCrat!Oll'S 2nd cst1.bJi.smoe::uts at ~u ~ of production, proa:ssfug and~ with- the~ Widertheircookol mall be responsible fuc~ttmt modso.rfeeds he~ on the madcd~fhe~ of this Ad:and~made amda- - wlricharere~m-&eir~ 19.2 Food and feed business operators hall verify that such requirements are met. Chapter l'wooty: Responsibilities with pect to food or feed not in: complianoo If a food ~ ~ « ~ ~ comidas « has reason to believe that a food oc teed. whim it impmted. ~ ~ mmmii&cmred oc d~ is not m comp~ - the food safety~ it sblll ~ely ~ procedures to pre\Ymt ~ ~ die !mdet « whae the fuoo or fffl!d has left the ~ oomml of initial :mod 1msiness ~ ~ the food or feed m ~ fu>m the mmht mfm:m ~Authority thereof. 20.2 Where tile proud may hffe rea¢mithe final~, the~ shall~ and ~ infufm the fm.d ~ of the ~ :fur its ~ and if ~" ~ fuJm - produas mreadJ mppW m tJan when ~ ~arem:~d'ficiem:toKtll~a.highk:vclof~~ 2U Afuodorfued.~~~lmiSwrefm'reumm-~~wmchdo 26.5 not affi!d: the padrngmg. ~~or integrity of the :mod O£ moo smn, withm the limm of ffl> ~ activif mimm ~ to ~ from. the mmht produds not m ~ with moo safety .req~ fflll!i .a ~ m COllffl"bm.ing to the ~ of mod « feed. by ~ <m. ~ ~ necessary to trace a food or ed, cooperating in the action taken by produce.rs, processors, manufacturers and the mpetent Authority. A mod«~~~ ~ly mbm the~~ if it a:msidas or has~ to hdkwe a mod or :reed which it lms ~ on the mmket .may be mjmious to hwnm ~ ~:mb:in DH mfurm the ~Auiliority of the aciiml taken to ~risb mthe ~ .1!1nd.smllootpwcmord.isoomage my person fum ~ m wnh mtioml Jaw a legal ~ with the ~ Amhority,. ~ this prevent;, ~ or elimimm a rlst arising :from a foodorfi:ed.. Food or feed business operators s taken to avoid or reduce risks supplied. I coUaborate with the Competent Authority on action sed. by a food or feed which they supply or have 16 Chapter Twenty-one: Requirements fo Traceability of Food and Feeds 21.1 The traceability of food, feed, foo -producing animals, and any other substance intended to be, or expected to be, incorpo ed into a food or feed shall be established at all stages of production, processing and di ibution. 21.2 Food and feed business operators shall be able to identify any person from whom they have been supplied with a food, fi , a food-producing animal, or any substance intended to be, or expected to be> in.corpora ed into a food or feed.. To this end, such operators shaH have in place systems and proced es which aUow for this information to be recorded and made available to the Competent uthority on demand. 21.3 Food and feed l:m.siness operators aH have in place systems and procedures to identify the other businesses to which their products have been supplied. This information shall be made available to the Competent uthority on demand. 21.4 Food or feed which is placed on e market or is likely to be placed on the market shall be labeled or otherwise identified ugh relevant documentation or other information to ensure its traceability. 21.5 Items, which by reason of use shal come into contact with food or have a high likelihood of getting into contact with food e covered by the rules of traceability described in this Chapter. Chapter 1\venty-two; Requirement for System to Control Food Safety Hazards 22.1 Food business operators and esmb ·smnents shall implement a system of controls within their operations based on the follo ing principles: 22. l. l Identification of food safe hazards associated with their products and processes, and identification of criti I points in their establishment on the basis of the manufacturing processes us d; 22.1.2 Establishing and implemen mg methods for monitoring and checking such critical points, and for taking corre ·ve actions to prevent or minimize the risk of hazards arising; 22. l .3 Taking samples for analysi for the purpose of checking, deaning and disinfection methods and for the p ose of checking compliance with the food safety requirements established b this Act and regulations made under this Act. 22.I.4 Keeping a written record or a record register m. an indelible fashion of the preceding points with a iew to making them available to the Competent Authority. The results of dif:rerent checks and test wm be kept for a period of at least two years. 22.2 If the results of the controls refo to Section l of this Chapter reveal the existence of a significantly elevated risk to the h th of consumers then the food wm be considered to 17 be not in compliance with the f; d safety requirements of this Act and shall be treated as such under the provisions of Ch ter 20. PAirr SIX: REGULATIONS OF FOOD Qo: 23.1 Operators of food businesses and consumers shall generally be permitted to buy and sell food of any quality provided that the requirements of this Chapter and Chapters 19 to 22 inclusive of this Act,. and regulati ns under this Act are met. 23.2 Notwithstanding Section l of thls Chapter, the Authority may enforce regulations relating to the qwility of food and feed wh re necessary: 23.2.1 to prevent 23.2.1.I 23.2.1.2 23.2.13 Fraudulent r deceptive practices; The adulre · on of food; and Any other ractices which may mislead the finai consumer. 23.2.2 To otherwise protect the nomic interests of consumers 23.2.3 To allow consumers to ake informed choices in refatio~ to the foods they consume. 23.2.4 Without prejudice to the nomic interest of the final consumer, in the interests of introducing order to the meting of food .23.3 Regulations introduced under this ct may establish detailed requirements relating to the: 23.3.1 Classification, grading and denomination of food 23.3.2 Organoleptic properties an composition of food 233.3 Types and qwmtities of materials, additives and other materials used in the primary production and p ing of food 23.3.4 Nature of the teclmologi procedure which are applied in primary production and processing 23.35 Origin of the fuod or in 23.3.6 Any additional data o.r s ific indications which should be specified in product declarations, labels or such other documentation as deemed appropriate. PART SEVEN: DECLARATIONS AND LAB 24.:t All pre-packaged foods shall be I I led. 24.2 The labeling and methods for labe ~ g used must not: 24.2.1 Be such as could mislead e purchaser to a material degree, particularly: 18 24.2.1.1 As to the char cteristics of the foodstuff and, in particular, as to its nature, identity properties, composition,, quantity, durability, origin o.r provenance, m thod of manufacture or production; 24.2.12 By attributing the foodstuff effucts or properties which it does not possess; 24.2. l .3 By suggesting at the foodstuff possesses special characteristics when in fact all simil r food&tuff s possess such characteristics. 24.l.2 Subject to specific regu! tions as may be introduced regarding foodstuff for particular nutritional uses attribute to any foodstuff the property preventing treating or curing a hwnan isease, or refor to such properties. 24. 1.3 Be in a language other th English unless accompanied by a statement in English of information required by . is Act or regulations made thereunder. 24.2 The prohibitions or restrictions refi rred to in Section l shall also apply to: 24.2.1 The presentation of foods s,, in particular their shape, appearance or packaging, the packaging materials us d, the way in which. they are arranged m.d the setting in which they are display 24.2.2 Advertising. 24.3 Regulations shall be made to provi e for. 24.3.1 Requiring certain inform on regarding food to be declared on tlre label where the food is pre-packaged o by another means in the case of other food 24.3.2 Requiring certain inform on regarding other foods to be declared in any other manner 24.3.3 Prohibiting specific claims r types of claim regarding food 24.3.4 Establishing common me ings of the name under which food is placed on the market Chapter Twenty-five: Official Control fSafefy of Food a.nd Feed 25.1 Official control of safety of food d feed shaH comprise one or more of the following operations followed by any conseq ential .actions under Chapter 33. 25.U Inspection; 25.1.2 Sampling and analysis; 25.1.3 Medical examination and · pection of sWfhealth and hygiene; 25.l.4 Exru:nination of written documentmy material; 25.1.5 Examination of the records described in Section 22.1.4; 25.1.6 Licensing of establishmen under Chapter 15 25.2 The Liberia Food Authority esrabl shed by Chapter 40 shall be the Competent Authority responsible for the implementation of official controls under this Chapter. 19 PAR'f EIGHT: GE..~PIDNCTPLES O Chapter Twenty-six: lmpedion 26.1 Inspections fo.r official control o safety of food and feed shall be carried out: 26.1.l Regularly and according priorities determined by risk assessment; 26.1.2 Where non-oompli ance is pected. 26.2 Inspections shall be carried out · g means proportionate to the end to be observed. 26.3 Inspections shaU cover aU stages f production, manufacture, import into the Republic of Liberia, export, processmg, sto transport, distribution and retail trade. 26.4 Wherever practicable~ inspection all be cm:ried out without prior warning. Chapter Twenty--sweu: Content of Ins 27.1 Inspections for official control d safety of food and feed shall include an on-site investigation by an amhorized offi of. 21.2 27.l.l The ~ ad me whi::h is :made of ~ ~ ~~ offices, p1mit ~ meam of ~iSID~ ~ md ~ of iood tmd feed ~ ~ pm~m;ty m ~ to &.ieme ~ specified tmder ~16; 27.1.2 Raw materials, ingredients echnorogical aids and other products used for the preparation and production o food and feed; 27.13 Semi:.fimshed food; 27.J.4 F"~~.md ~~~s; 21.1.s ~andamdcs. mcomemrooontaci:withfooo; 21.l.6 Oe:immg Md ~immm91,,e ad ~ ad ~ used by food ~~ m & oe~ lrosi~ 21.1.1 ~ used fix the «~ of food~ Red; 27.1.S Labdmgm:ild presea.t:mnu of 27 .1.9 Presenring methods. The operations enumerated in Sec on l above may, where necessary, be supplemented by: 27.2.1 Interviews with food bus· ess operators and with persons working for that establishment; 27.2.2 The reading of values establishment; rded by measuring instruments installed by the 21.23 ~attriedmit the~~.wilhitsownmstrnments mwidl ~ ~ Che~ 27.2.4 mfummm~mwu·~&d~mafaialhddhyfuodmdfued ~~ 20 Chapter Twenty-eight: Health and H giene Inspection of Persons in Contact with Food and Feed 28.l Persons who handle food and fe d products or materials which come into contact with them shall be subject to a hygien inspection, including a periodic medical examination with frequency and content to be rescribed by regulation. 28.2 The inspection referred in Sectio 1 of this Chapter shall establish whether such persons comply with regulations concern· • g health status, personal cleanliness and clothing. Chapter Twenty-rune: Simipling for L ooratory Analysis Samples of food and feed and other sub ces and materials used in the production, processing, packaging and placing on the market of d and feed may be taken by the Competent Authority for analysis to provide iuforrrration for th purposes of official control of safety of food and feed. PART NINE: PROVISIONS FOR OFFICIAL ONmOL OF FOOD QUALlIT Chapter 36: Official Control of Food Q alify 30.1 Control shall comprise one or consequential actions under Chap 30.l.1 Inspection; ore of the following operations followed. by any r34. 30.l.2 Sampling and analysis; 30.1.3 Examination of written ari documentary mmeriaL 30.2 Control shall be undertaken through ut the supply chain. Chapter 31: General Principles offos ·cm 31.1 Inspection for official control of fi od quality shall be carried out: 31.1.1 Regularly; 31.1.2 Where non-compliance is uspected. 31.2 Inspections shall be carried out us g means proportionate to the end to be observed. 31.3 Whenever practiGable, inspections shall be carried out without prior warning. Chapter 32: Cmitent of Inspections 32.1 Inspections for official control authorized officer of 32.1. l The composition of finish 32. J .2 Veracity and compliance o 32. l .3 Conditions of primary p f food quality shall include an investigation by an food products; quality labeling, declaration and claims regarding food; uction and processing insofar as they relate to food 21 32.2 The operations enumerated in S · on l may, where necessary, be supplemented by: 32.2. I Interviews with the food business operator and with persons working for that undertaking 32.22 ~ auried oot by~ Compdmt Amhmny, wih its own instruments, m-wtth ~. byt!e ~ 32.2.3 ~ ~ m . and docmnentmy matem! heW by fuod mid feed ~~ 32.3 Samples of food may be taken fo the purposes of analysis to provide information for th.e purposes of official control of foo quality. PART TEN: GENERAL PROVJSIONS ECIAL CONTROL OF Ji'OOD Chapter Thirty-three: Adi.on in Cue o Contraventions Where m ~ ofim'~ « a~ oflhe ~ of tis A~ &e shall~ pzjodice m ~11 ~mm~ :54, u1m ~ ~ ~ 00 ~of~~ Amoomy,, to~ tmlt the~ is oom:ded by the food bmme:ss~. Chapter Thirty-four: Anrmal Ins~o Program and Report 34.l The Food Authority shall prep specifying: e an annual program of official control activities, · 34.1.1 The number and type of m· m,e<~·ons to be carried out; 34. l.2 The criteria applied in dra · g up the program. 34.2 The Food Authority will prep an annual report on official control activities, specifying: 34.2.1 The number and type of· ectlons carried out in relation to the program; 34.2.2 The number and type of" • ements identified; and 34.2.3 Actions taken in the case o non-compliance. 30 Whe[e-dlCFoodA~~~i:is~ibititiestoo&a-ooda...-~57(5) the mmwd pl.ms and. report sbaJI ~ the mfur.mmon set oot in Sedioos 1 and 2 of 11m ~ in relm:ion m aidi tn "Whk:h respoo.sibilwes are~ 34.4 The annual program and annual ports of the Food Authority shall be subject to the approval of the Board. 34.S The ammal programs and annual pl approved under this Chapter shall be published by the Food Amhority. 22 t:hapter Thirty-five: Laboratory Anaiys s of Samples 35.1 Samples collected for analysis unde Chapter 29 and 35 for the purpose of official control shall be analyzed by an official te ng laboratory designated by the Forni Authority. JS.2 Official testing laboratories may be ither private or public sector bodies. 35.3 Samples collected under Chapter 2 and 35 for the purpose of official control shall be selected and transmitted to the o ial laboratory by an authorized officer of the Food Authority or a body to which respo ibilities have been delegated. 35.4 The costs of the analyses wm be borne by the Food Authority or the body to which responsibilities have been delegated 35.5 The Food Authority shall main · and publish a list of the official testing laboratories authorized for different types of an ysis in connection with office control. This 1ist shall be published annually in the Offic · Gazette of the Republic of Liberia. Chapter Thirty-six: Accreditation of Offi ial Testing Labomories 36.1 The official testing laboratories no inated by the Competent Authority for the purposes of analysis in support of official co I must comply with the General Requirements for the Competence of Calibration Mi Testing Laboratories laid down in ISO Standard 17025. 36.2 Detailed regulations for the asses ent and accreditation of official testing laboratories will be established by international s dards m1d the national quatity infrastructure. 36.3 The accreditation and assessment o testing laboratories referred to in this Chapter may relate to individual tests of groups o tests. 36.4 The testing laboratories nomimr by the Competent Authority wiU participate in appropriate proficiency testing sche 365 Any ~nm too way m which ~ rekm:d tom~ I :is awJ.ioo s!mH oo appropriate and shaU be adopted nly with the specific approval of the Competent Authority. Chapter Thirty-seven: Nomination of Rd rence Laboratories 37.1 For each test required for the purpos s of official control of food and feed safety or food quaHty, the Competent Authority ponsible for official control shall nominate one laboratory as a reference laboratory r that test. 23 37.l Reference laboratories nominat under this Chapter shall be responsible for the following duties: 37.2..1 Advismg 1he Compdwt Amlwrity oo. the ~ .of ~ ~ whose msk it is to COD~~ fur the purpose of officia1 oomrol 37.2.2 ~fflid mpipm:1~ mcloomg the o~ oftrnmmgald mha-savices, the ~ of~ ~ in respect of the ~ ~ and mdhodo~ofthe - ~wbim~undermke 37.2.3 ~ and PM'~~ig in oompmmve ~of~~ on a mmom1 and • ~ wiJh a ·\'iew to mooitmmg the prof:icimcy of official~ 37..24 Emmmg ~ an offici-'1,1 ~ mainmm ~ ~ of qualify ~(to mdode of~ ~~~saret.Y. tmd roming cahlmwoo of · ) 37.25 Diss:aou...ifing - from ~ ~ ~ m the Competent Amhomiesmmdb.a - amymgomthe~ofh)dc'!l'OOfued, whelherorootfm too of afficw coutml ll.1 Food nfdy risks taid m be -~ in ~ of disn.1as and ~ and "$here is m:mnally a fact: of~ to sdi risks in these~~,. the safdy and woo~ of~ ~ gifts are somdimes of~ coocaa There is also limimd ~ among ~ ~ indmlmg priY£ ~ and NGO. to mmgme m!d~~mfm.. 38.2 During periods of economic "down " there is the tendency to engage in undesirable fuod safety practices along the food cbai . As emergency preparedness measures, Government slmll: 38.2.lStrengilien collaborative m an.isms to address the current approach to food safety in times of disasters and e ergencies; 38.2.2 Monitor food safety standa s by applying appropriate risk assessment measures; 38.2.3 Provide the necessary reso I to address basic fuod safety requirements during disasters/emergencies; 38.2.4 Develop appropriate food s ety systems to address emerging food safety risks. Chapter Thirty-nme: General Phm for 39..1 An~~ fir.iliuR a~~ of the Go~ of Lt'beria and-the~ oo. food ~m:affffl. and ad:ions when there is a food safefy crisis. An Jma:-Mimsk:riat Food ~ Com:mittre woold comprise 1he 1hree MmisreirsofH~Agrimhure r~ witk&cFoodAmhnmyas~m said Cmmni1tee.. A.ddmoMl Milmli!U mpmncular smb:holdas may be mvired, based on Ute mtffl'e of the~" mDIVJdit::lll the~ of mgem: lldi,.m and teclmical 24 expertise are both considered. Th s committee would meet as necessary in the case of a food safety crisis. PART 1IDRTEEN: FOOD AUTHORITY F THE REPUBLIC OF LIBERIA Chapter 40: The Food Authority 40.1 It is hereby established under th· Act, an autonomous agency to be known and called The Food Authority of Liberia. 40.2 The Authority is a legal Government of Liberia. established under the Executive Branch of the 40.3 The Authority shall be financed ft m the national budget, by fees charged for approval of establishments and from grants, ai and the mre. 40.4 The Authority reports to the Presid nt of the Republic of Liberia 41.1 The Authority shall comprise: 41. i.1 A Board of Directors; 41. 1.2 A Director General arid his r her staff; 41.13 A Stakeholder Consultative Forum; 41.1.4 An independent Scientific ommittee. Chapter 42: Composition, Appomtment a11d Terms of Board of Directors 42.l. The Board of Directors shall be comprised of seven (7) members appointed by the President, and shaU mclud.e: 42.Ll Chairperson 42.1.2 Director General of the Au 42.1.3 One representative of prim food producers 42.1.4 One representative of the to · ·m and hospitality sector 42.l.5 One representative of the trairtSJJiort and distribution sector 42. I .6 One representative of a Co ers• Association 42.1. 7 One representative to be ch sen by the President 42.2 Members of the Board of Directors shaU have a term of office of three years, which may he renewed once. 42.3 The Board of Directors may invite th.er individuals of recognized prestige and scientific and technical competence to panic pare m the work of the Board. Such individuals win be without voting rights. 25 Chapter 43: Criteria for Appomtmen of.Board of Directors Members 43.l In considering the appointment o the Board of Directors of the Authority, the President shall: 4J Ll Ta.e &o ~mu.he need ~~ of all~ mid groups ooldmg a mid .mrerest m the of iood and 1ecds and~ &,a an appropriate ~of mils md~ is fflmllk<11moogthe member.. of the Amhmify; and 43.1.2 Consider whether any pe nit is proposed to appoint has any financial or other interest which is likely to prejudi the exercise of his duties. Chapter 44: Duties of the Board of Di 44.1 The Board of Directors sfuill: 44. 1.1 Make decisions by a maj rity of its members, with the Chairperson having the casting vote 44U.2 Approve ad ~ the P'O~~ ~ mes of the Audmrity ~ ms oomponcmparts mciudmg mm rules of procedme. 44 13 Adopt the A~s . - re:gutaoon whkh speci:&s tile ~ for drawing up ami • ~Amhority"s budgd fur~ from tile &me Budget. 44.1.4 Meet at the invitation ofth Chairperson or the Director General or at the reqm,--st of at least one third (1/2) ·of· members. · 44.l.5 Ensure that the Authority ·es out its functions and perfunns the tasks assigned to it und.e.r this Act. 44.L6 Adopt before aid of cam ~ A~s ~ of~mrthe subsequent yem-. ft~ also adoptamriisal'.lle~pmgrmn.. 44.l.7 Emo.re that~ pmgmms theAmhorif.y are~ with. the Govemment~s ~and policy .• - mtfrearea.ofmodsarety. 44.l.8 ~ before bcgiwming · ~ Ji-ear,. the ~ n:pmt oo the A~s ~fur-the~ 44.l.9 Make~ to too usoon. as~ the~-mmmes a $SOCmred papern of the ~~~ of the Boom of Diredms.. the Scimtific Ommnttre and the ~ Fomm... mcludmg the ~ :rules of~A~~ mlesofflxe&mdofDireiaomaodtbeFimmcial regulation of the Amhority. 44.1.10 Define a code of ethics or authorized officers and members of Competent Authorities which inter alia efines conflicts of personal and professional interest. 44.2 The Authority shall provide the S etariat to the Board. 26 Chapter 45: Director Gener,d 45.l 45.2 45.3 45.4 45.5 The Director General and Dcp~ Director General win be appointed by the President after consideration and interview~f a list of qualified candidates selected and proposed by the Board of Directors, the inister of Health and the Minister of Agriculture, following a can fo:r expression fro candidates published in the national media. The tenure of Director General Deputy Director General wiB be for a period of five (5) years which shall be renewabl . The Director General and Dep Director General may be removed :from office by a majority of the Board of Directors The Director General shall be e legal representative of the Authority and shaU be responsiMe for: 45.4. l The day-to-day admmistrn on of the Authority; 45.4.2 Drawing up a proposal for e Autl::mrity's work program; 45.4.3 implementing the work ograms and the decisions adopted by the Board of Directors; 45.4.4 Ensuring the provision o appropriate scientific, technical and administrative support for the Scientific C mmittee and the Scientific .Panels; 45.4.5 Ensuring that the Autho ·1.y carries out its tasks in accordance with the requirements of this Act; 45.4.6 The preparaticm. of the state em of revenue and expenditure and the execution of the budget of the Authority 45.4.7 Ensuring that the Authori is adequately staffed for the performance of its functions; 45.4.8 Developing and maintainm contact with relevant ministries and agencies. Each year, the Director General sh 1 submit to the Board of Directors for approval: 45.5.fa draft annual report coveri an the activities of the Authority for the previous year; 45.5.2 Draft programs of work; 45.53 The draft annual accounts fo the previous year; 45.5.4 The draft budget for the co · year. 45.6 The Director General shall, foUo ing adoption by the Board of Directors, publish the annual report and the programs accounts and budget and shall submit them to Government. 45. 7 The Director General shall approv an financial expenditure of the Authority and report on the Authority's activities to the oard of Directors. Chapter 46: Scientific Committee 46.1 The Scientific Committee shall be opinions of the Authority, includm information and research directed safety risks. onsible for developing and proposing the scientific the assessment of food safety risks, and requesting providing information for the assessment of food 27 415.2 The~ <'.ommitire vn11 of~ opimoo on mattas amfmmity~~ · its wcaing ~ m ~ m the~ food ~ feed safdy. These procedmes shall be in ~ and will relate in ~to: 46.2.1 The existence of any wor · groups to consider specialized subjects; 46.2.2 The manner in which tas and requests for scientific opinions are assigned to the Scientific Committee; 462.3 The~ and ~~•m of the workmg groups of the Scientific Committee md ~~of ~ being mciooed m h,se wmkmg groups; 462.4 The possibility of bemginvired to~ of the Sciemffic Committee mthe~~ 46.l.5 The~ify ofmgmw~ 46.3 The Scientific Committee shall b composed of six independent scientific experts with relevant qualifications and exprui ce; whose term of appointment wil1 be fur three (3) year period which may be renewal 46..4 The~ of~~ Qlnmlltce s1mll be~ by the~~ upon a proposti from the • ~ fullowing a aill fur ~ fuJm ~ ,ww.hed m the media and rebam~ ~ 46.5 The Scientific Committee shall hoose a Chair and a Vice-Chair from among their members. 4" Where a~ m whidl the ~:m:d-IC Ommlitme ism giw u opinion does not fall wifhm tfAe ~ of im 1he ~ Com.mittm SMll ~ the Board of.Dm-::dms w-appmihm. ad hoc ~ g«Np fur this pmpose. 46. 7 The Scientific Committee shall vide an opinion by a majority of their members. Minority opinions shall be record 46.8 The representatives of the Food A ority shall be entitled to be present in the meetings of the Scientific Committee and th working groups. If invited to do so, they may assist for the purposes of clarification or · onnation but shall not seek to influence discussions. Chapter 47: Scientific Opimoos 47.1 The Scientific Committee shall · 47.1.1 At the request of the B mission and in all cases Scientific Committee to be 47.1.l On its own iniliativ~ on m a scientific opinion: d of Directors, in respect: of any matter within its here national legislation makes provision for the ulted; rs falling within its mission. 28 47.2 Requests referred to in Sectio 47.1 above shaH be accompanied by background information explaining the scienti 1c issue to be addressect 47.3 The Scientific Committee shall is ue scientific opinions within the time limit specified in the requests for opinions, except i duly justified circumstances. 41.4 Where different requests are ma e on the same issues or where the request is not in accordance with Section 47.2, or ·s unclear, or where it has already delivered an opinion on a specific topic and it conclud s that there is no new information to be considered, the Scientific Committee may eithe refuse or propose amendments to a request for an opinion in consultation with the irector General. Justification for any refusal shall be given to the Board of Directors. 48.1 The Scientific Committee shall e ercise vigilance in order to identify at an early stage any potential source of diverge ce between its scientific opinions and the scientific opinions issued by other bodies ing out similar tasks whether in the Republic of Liberia or elsewhere. 48.2 Where the Scientific Committe identifies a potential source of divergence, it shall contact the body in question to en ure that alt relevant scientific information is shared and in order to identify potentially con entious scientific issues. Chapter 49: Stakeholder Const1Uative omm 49.1 The Stakeholder Consultative F rum shall be comp-0sed of between twelve (12) and twenty-four {24) representatives f organizations and groups holding a valid interest in the safety of food and feeds. 49.2 The members of the Stakeholder nsultative Forum shall be appointed by the Board of Directors from a list of candidate following publication in the national media of a call for expressions of interest in mem ershlp of the Forum. 49.3 Members of the Board of Dire tors, the Scientific Committee or employees of the Government of Liberia may not be voting members of the Stakeholder Consultative Forum. However, the Director Ge al shall be an ex-officio member of the Stakeholder Consultative Forum. 49.4 The Stakeholder Consultative sh advise the Director General jn the performance of his duties under tlris Act, in particul in drawing up a proposal for the Authority's work program. The Director General ay also ask the Stakeholder Consultative Forum for advice on the priorities of requests for scientific opinions. 49.5 The Stakeholder Consultative Fo m shaU constitute a mechanism for an exchange of information on potential risks d the pooling of knowledge. It shall ensure dose 29 cooperation between the Authori and organizations and groups holding a valid interest in the safety of :mod and feeds. 4"-' m~me~ · rorumwill~ 49.6.l m ~ oommWJJ;(•m m. 1hose ~ where~ Amhmny needs to ~ffith~m:!;mr.12'!iKIDOO~fuliillmmtofifs~ 49.6..2 m the development• · of~ of~~ within the fiekk of rood Md ~ 49.6.3 Risk oommunication w ere the Authority identifies or otherwise obtains information of an · risk. ifb.7 ~ ~a~aod V'tce ~n tmm~tim'~ mli~~•thcm~ofthe~orm: tfm~ofat ~athmior ~aminotkss&mfumtimespa:,ea:r. The~~ of ~A~s~mks md 'Ihe Amhmily mil ~ ~~F'wun Ma-~ Foro:m simll be~ in made publk. ~ mid ~ ~ ~ fm- the the ~form Dl'll - • 49.10 The Stakeholder Consultative F rum may invite representatives from other relevant bodies to take part ro participate in the work of the Forum. Such iruiividuru.s will be without voting rights. 50.2 ~ or t&e Bo.im or .om· ~ll:'S a ~ ~ ~ sm11 be ~ by ~ Au&orlty the justi&ble ~ m ~ their ~oa~ofthc · ,. hm:willnot~~myp;eymootfor ~~ Members of the Scientific Co,mrn~,e shall receive a fee for their services m.1d shall be reimbursed for their expenses in dertaking responsibilities on behalf of the Authority. 50.3 Amounts of expenses mid fees pm by the Authority to named individuals participating in the Board of Directors:> the Stake older Consultative Forum. the Scientific Committee shall be stated in the ammal acco of the Authority. PART FOURTEEN: POWERS AUTHORITil Chapter 51: Authorized Officers RESPONSIBILITIES OF COMPETENT 51.1 The Competent authority may au.th rlze any public officer to act as an authorized. officer for the purposes of implementing e responsibility of the competent authority under this Act. 30 51.2 The powers of the authorized o . er shall be limited to the jurisdiction of the competent authority hy which he/she is auth rized. 51.3 The Competent authority shall i ue to every person authorized to act as an authorized officer a certificate ofhls au.tho · Chapter 52: Powern of Authorized om em 52.1 An authorized officer may: 52. l .1 At any reasonable hour or henever works is in progress in any establishment and search that establishment for the purposes of determining the existence, nature and extent of any trade or usiness in food or feed. 52 . .i.2 Examine any food or feed product many establishment to which he beHeves this Act applies, take samples ereof and examine anything which he believes is used or capable of being used .fi r the preparation of any food or feed. 52. l .3 Stop search or detain any v hicle, vessel or aircraft in which he believes that any food or feed to which this ct applies is conveyed, examine the food or feed and take samples thereof; 52.1 .4 Open and examine any re ptacle or package which he believes contains any food or feed to which this Act a plied, examine the article and take samples thereof; 52.1.5 Call for any books, docu ts or other records m any medium which he believes: contain any information ievant to the enforcement of this Act with respect to any food or feed, make co ies thereof and take extracts therefrom; 52. L6 Seize and detain for such t e as may be necessary, any food or feed by means of, or in relation to which, h she believes the Act, or the conditional of an approval issued under this Act, hav been contravened; 52. L 7 Exercise any other law functions assigned to him/her by the Competent Authority. 52.2 An authorized officer shaH in the xercise of his/her powers under Section (1) if required by any person affected thereby, roduct his certificate of authority issued by him/her under Chapter 51. 52.3 An authorized officer shaU releas any food or feed seized by hlm/her under Section (1) of this Chapter where he/she is · sfied that the provisions of this Act in relation to the food or feed have been complied ·th. 52.4 Where any authorized officer is hfo to obtain the consent required under Section ( 4) for the destruction or disposal of ~e food or feed referred to under tlrat section, he/she may after the issue of written no · e to the owner or the person in whose possession the food or feed was at the time of sc · ure, arrange for the destruction or disposal of the food or feed. 52.5 Where an authorized officer is un ble to obtain the consent required under Section 4 for the destruction or disposal of the od or feed referred to under that Section, he/she may 31 after the issue of written notice t the owner or the person in whose possession the food or foed was at the time seizure, ge for the destruction or disposal of the food or feed. 52.6 The owner or occupier or pe.rso in charge of any establishment entered into by an authorized officer pursuant to Sec · on 52. l or any employee found therein or any person who when requested to give info ation or any assistance to an authorized officer. 52.6.1 Fails to give the m:formati nor assistance reasonably requested; or 52.6.2 Knowingly makes my ent which he knows or believes to be fu.lse or does not believe to be tnw is gu ty of an offense under the Penal Laws of Liberia. 52.7 Any person who willfully obstru under this Act is guilty of an o:ffi an authorized officer in the execution of bis functions under the Penal Laws of Liberia. 52.8 Any person who without the wri n permission of an authorized officer, removes, alters or interferes in any way with any or feed seized under this Act is guilty of an offense under the Penal Laws ofLlberia. Chapter 53: Duties and Responsibilities of Authorized Officers and Members of Competent Autho~ ill No ~ ~ m my · · · ~ vmkh is~ by the Competent authority during 1.he course of o cw control under this Chapter, or of risk analysis, shall, without the previous consen in writing of the person carrying on the business, be disclosed except 53.1.l In accordance with directi of the Director GeneraJ. so far as may be necessary fur the purposes of the Act; or 53.i.2 For the pm.poses of any p · gs for an offense against the order or any report of those proceedings; and any person who discloses any such information in contravention of this Section shall be guilty of an offense under Chapter 12 of the Penal Law of Liberia. 53.2 Any authorized officer or membe of a Competent Authority who becomes aware of a conflict between his personal an professional interests defined in accordance with Section 44.1.10 shall limit his p fessional duties so as to reduce or eliminate such cooffict. 53.3 In the case of a oonfilct of inte declaration shall be made to the involving the head of a Competent Authority, the 32 PART FU.<"''fEEN: OFFENSES AND D FENSES Chapter 54: Offenses 54.1 Any person who contravenes the provisions of this Act shall be guilty of an indictable offense under the Laws of Liberia. 54.2 Where this Act defines an offense not already described in the existing Laws of Liberia, they shall be subject to a fine not exceeding US$25,000.00 or imprisonment not exceeding :five years or both .. 54.3 Nothing in this Act shall be cons ed as precluding a party iajured by a violation of this Act from seeking civil remedy und r the laws of Liberia. Chapter 55: Due Diligence Defense In any ~•gs fm-.m offi:m'le ;,my oft.he~~ mdm. Act it m:dl be a derem.e for the pasoo ciml~ to prove ffw hdshe took all ~k ~ and exereiscd all due d'iligence ro mid the oommissron of the o~ by himself or by a ~ mtdeir his/her comrol ' A~~ wiilia offmsc this Act, who~ 55.2.l Prepmw too food m ~~ of which 'the o:ffi:::me is~ to have hoo.n ~ nm 5512 Imp~ it mm 'the Rl of~ ~ .he tdren to~~~ defense ood« Seci.iim l ifbe/soo • .lleS 1he ~ that 55.23 ttte commission of~ o wz due fu mi ad. or oo6mtt of~ pe:.rnon who l, or to reliance on information supplied by such a person; mid 55.2.4 That be carried out all such checks of the food in question as were reasonable in aH the circumstances, or that it w· reasonable in aU the circumstances for him to rely on checks carried out by the person w o supplied the food to him. 56.1 '\\'here the Competent Authority h s taken action to ensure that an alleged contravention is corrected by a food or feed busi ess opera.tor, the food or feed business operator may appeal on the basis that 56.1. l The act or omission in questi n does not contravene the provisions of this Act 56. l.2 The measures taken by th Competent Authority are not proportionate to the contravention. 56.1.3 That in the case of food d troyed or disposed of under Chapter 53(5), that the food was not unfit for human consu ption. ......, 5'.1 The onus of proof in the case of peal is on the food or reed business operator. PART SIXTEEN: NO:MIN.ATION OF OMPE'I'ENT AUTHORITY Chapter 51: Nomination of Competent l.lthority 57.1 In respect of risk analysis, risk mmunication and risk management in .relation to the safety of fuod and feeds, the Com tent Amhority is the Food Authority. 57.l In .respect of official control m. lation to the safety of food and feed, the Competent Authority is the Food Authority. 57.3 In respect of official control at the level of primacy production and subsequent processing of food :regarding .regulations g emmg food quality under this Act, the Competent Authority is the Food Authority. 57.4 In respect of official. com:rol at re · level regarding regulations governing food quality under this Act, the Competent Au ority is the Food Authority. 57.S The Competent Authority- nomin by this Chapter may delegate some or all of their responsibilities to another public y subject to: 51.5.1 Authorization of the Boa after taking the advice of the Food Control Advisory Committee specified in C 58. 51.52 Clear definition of the sro of delegation 57.5.3 Adequate amm.gements oo· gin place for the monitoring of the implementation of the delegated responsibilities, inc nding the preparation of annual inspection plans and ~ports according to Chapter 34 hich are subject to the approval of the delegating authority. Chapter 58: Food Co~trol Advisory Co 58.1 There is hereby established the F d Control Advisory Committee with the responsibility for: 58.2.1 monitoring and impfomen ·on of food and feed laws and regulations with a view to ensuring that they m national objectives and comply with international commitments 58.2.2 Advising the Government f the Republic of Liberia on the performance of the Food Authority and its structure including the delegation of responsibility to other bodies under Section 57.5. 58.2.3 Advising the Government o the Republic of Liberia on policy with regard to food safety and quality matters. 34 .58.2 The composition of the Food Co trol Advisory Committee shaU include the Ministers of Health, Agriculture, and Commer and Industry. 58.3 The publication of re.b'tdations in respect of food and feed safety and in respect of food quality under this Act shall be derraken by the Authority, subject to the advice of the Food Control Advisory Committ 58.4 The Authority wm provide secre ·at services to the Food Control Advisory Committee. PART SEVENTEEN: TRANS1'l'ION Chapter 59: Transition The Inter-Ministerial Food Safety Erner ncy Committee mentioned in Chapter 39, headed by the Minister of Health shall immediately on the passage of this Act convene as the organizing committee of the Liberia Food Authority The first order of business shall be th~ nomination of candidat.es for the Board of Directors, include the Director Gene.rai to the President for appointment. 1k Comm~ mcioomg the ~ ~1 mm 5mlll not'nimire m the Boom ~dares fur Deputy Director General for Techn' Services and Deputy · Director General for Administration. The Deputy Director G era.I for Technical Services shall be the Principal Deputy and shall oversee the Departm.en of Food; Beverages; Intematiomtl Trade; and Final Consumption Services. The Deputy n· tor General for Administration shrui. oversee the J)epartments of Administration; Finance; d Logistics. The Organizing Committee shall determi units and personnel and assets of their agencies to be incorporated into the Food Authority at i formation, who shall remain on the payroll during the transition. The transition would be completed within e period of a single year. Artide 60: Effective Date This Act takes effect immediately upon pu Hcation into handbms. ANY LAWS TO THE CONTRARY NO ISTANDING 35 2019 SECOND SESSION OF THE FIFTY-FOURTH LEGISLATURE OF THE REPUBLIC OF LIBERIA HOUSE'S ENGROSSED BILL NO. 28 ENTITLED: "AN ACT TO AMEND CHAPTER 28 OF THE EXECUTIVE LAW OF 1972 TO PROVIDE FOR THE ESTABLISHMENT OF THE LIBERIA FERTILIZER REGULATORY DIVISION WITHIN THE MINISTRY OF AGRICULTURE" 2019 SECOND SESSION"OF THE FIFTY-FOURTH LEGISLATURE OF THE REPUBLIC OF LIBERIA SENATE'S ENDORSEMENT TO HOUSE'S ENGROSSED BILL NO. 28 ENTITLED: "AN ACT TO AMEND CHAPTER 28 OF THE EXECUTIVE LAW OF 1972 TO PROVIDE FOR THE ESTABLISHMENT OF THE LIBERIA FERTILIZER REGULATORY DIVISION WITHIN THE MINISTRY OF AGRICULTURE" On Motion, Bill read. On motion, the Bill was adopted On Motion, the Bill was read. On Motion, the Bill was on its first reading and sent to committee Room on adopted on its first reading and sent to committee Tuesday, February 19, 2019@ 12:48 G.M.T. room on Thursday, May 30, 2019@ 13:15 G.M.T. On motion, Bill taken from the Committee Room for its second reading. On motion, under the suspension of the rule, the second reading of the Bill constituted its third and final reading and the Bill was adopted, passed into the full force of the law and ordered engrossed today, Tuesday, May 28, 2019 @ 13;28 G.M.T. during its Regular Session. .,i : l • ., . - 1" - ( I:- \, . , 1 , t.{{ t1 Lk Jl, Af ,~ -).-l-,. (tl, CHIEF CLERK, HOUSE OF REBRESENTATIVES, R.L. On Motion, Bill was taken from the Committee room for its second reading. On Motion, under the suspension of the rule, the second reading of the Bill Constituted its third and final reading and the Bill was adopted, passed into the full force of the law and ordered engrossed today, Thursday, August 29, 2019 I I @ 14:22 G.M.T. "AN ACT TO AMEND THE E ECUTIVE LAW OF LIBERIA TO CREATE A NATIONAL FO D AND FEED QUALITY AND SAFETY ACT" p OF LIBERIA/ HESENATE CIDEF CLERK, HOUSE F REPRESENTATIVES, R.L. THEBO Capit Building P.O. x 9005 Monro ·a, Liberia Website: legislature.gov.Ir SECOND SESSION OF THE FIFTY~FOU H LEGISLATURE OF THE REPUBL~C OF LIBERIA SCHEDULE OF HOUSE'S ENROLLED B L NO. 13 ENTITLED: "A.1"'- ACT TO AMEND THE E CREATE A NATIONAL FOOD ACT" CUTIVE !..AW OF LIBERIA 1·0 ffi FEED QllALJ.T\'. AND SA:r'ETY PRESENTED TO THE PRESIDENT OF . REPUBLIC Of LIBER.I> FOlt EXECOTIVF APPROVAL APPRO'VED THIS: ,/~Z-~--- · ATTHEHOUROF / · I 7/Jff! J ~ I i THE PRES Ri:-:i-'UllLIC (W LIB£IUA