Food and Drug Administration

The Republic of the Union Of Myanmar

Amendment Law for Food Law
(2013, Pyihtaungsu Hluttaw Law No.24)
The 7th Waxing of Warkaung, 1375 M.E.
(13th March, 2013)

Pyihtaungsu Hluttaw here by enacts the following Law:

  1. This Law shall be called Amendment Law for Food Law.
  2. Food Law section 2, sub-section (a)shall be reinstated/replaced/substituted as follows:(a) Food means edible thing that human beingd can consume, ingredient included therein or food additives except drug, tobacco and cosmetic products. This expression also includes thing determined as food by the Ministry of Health by notification from time to time;
  3. The word “transport” shall be added after the word “storage” stated in Food Law sub-sections (d) of section 3, sub-sections (a) of section (6), section 18, 22, 24, 25 and 31 respectively.
  4. Food Law section 4, shall be reinstated/replaced/substituted as follows: “In order to carry out measures relating to food matters contained in this law, the Union Government shall form the Myanmar Food and Drug Board of Authority with relevant persons.”
  5. The word “transporrt, distribution” shall be added after the word “storage” which contained in Food Law section 13 sub-sections (a) and sub-section (b).
  6. The word “relevant Minister or the Chairman of the Yangon City Development Committee” stated in Food Law section 16 and 17 shall be replaced by the words “relevant Union Minister, State or Region Government. the Chairmen of Nay Pyi Taw City Development Committee, he chairman of Mandalay City Development Committee, Self-rulling/self-governing/Independent State or Region Governmant” accordingly.
  7. Food Law sub-section (b) of section 19, shall be reinstated/replaced/substituted as follows: “(b) Shall assign responsibilitu as food Inspectors to suitable staff in co-ordination with the relevant Union Ministry, State or Region Governmant, Self-rulling/self-governing/Independent State or Region Governmant, Shall determined the duties and powers of the food Inspector.
  8. In Food Law: (1) The word “fine which may extent to Kyats 10000” stated in Food Law section 26 shall be replaced with thw word “fine which may extent to not more than kyats 100000”.
    (2) The word “fine which may extent to Kyats 500” stated in Food Law section 27 shall be replaced with thw word “fine which may extent to kyats 5000”.
    (3) The word “fine which may extent to kyats 30000″ stated in Food Law section 28 sub-section (a) shall be replaced with the words ” fine which may extent to not more than kyats 300000″.
    (4) The word “fine which may extent from a minimum of kyats 5000 to a maximum of kyats 50000” stated in Food Law section 29 shall be replaced with the words “fine which may extent from a minimum of kyats 100000 to a maximum of kyats 500000”.
    (5) The word “fine which may extent from a minimum of kyats 1000 to a maximum of kyats 30000” stated in Food Law section 30 and 31 shall be replaced with the words “fine which may extent from a minimum of kyats 100000 to a maximum of kyats 300000”.
  9. In Food Law section 32 -(1) The word “the Yangon City Development Area and Mandalay City Development Area” stated in Food Law sub-section (a) and (b) shall be reinstated/replaced/substituted with the word “Nay Pyi Taw City Development Aeas, Yangon City Development Areas and Mandalay City Development Areas”.
    (2) The word “the relevant Health Department of Yangon City Development Committee or the Mandalay City Development Committee” stated in Food Law sub-section (b) shall be reinstated/replaced/substituted with the word “the relevant Health Department of City Development Committee”.
  10. Food Law section 38 shall be reinstated/replaced/substituted as follows:(a)the Ministry of Health may issue such rules and procedures as may be necessary, with the approval of the Union Government;(b)the relevant Government department or organization or Board of Authority may issue such notification, order, directive and procedure as may be necessary.

I hereby sign in accordance with the Constitution Law of The Union of the Republic of Myanmar.

(Sd.) Thein Sein
President

National Food Law

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 of Tabodwe, 1358 M.E.
(3rd March, 1997)

The State Law and Order Restoration Council hereby enacts the following Law:

 

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 givens hereunder:
    1. 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;
    2. Board of Authority means the Myanmar Food and Drug Board of Authority formed under National Drug Law and supplemented under section 4 of this Law;
    3. Controlled Food Means food determined as controlled food by the Board of Authority from time to time;
    4. Food Additive means the ingredient use in the production and preparation of food, or ingredient for colour and flavour in the food, determined by the Board of Authority;
    5. 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 respectively, prescribed by the Board of Authority;
    6. Licence means a permit granted by the relevant Government department or organization under any existing Law for production of food;
    7. Unhygienic Condition means the condition which may cause injury or danger to the health of the consumer due to contamination of food with dirt and filth;
    8. Production means the operations to be 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 operation carried out in the processes.
    9. Quality Assurance means the warranty that food is of genuine quality, free from danger and hygienic for the consumer;
    10. Labeling Means the act of displaying labels on the container, bottle, pack, outer package or any packing material in which the food is contained;
    11. Advertising means carrying out measures to inform the public directly or indirectly in order to promote distribution and sale of the food;
    12. Primary Laboratory means the laboratory prescribed by the Board of Authority, by notification to analyse samples of the food;
    13. 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 party is dissatisfied and files an appeal;
Aims
  1. The aims of this Law are as follows:
    1. to enable the public to consume food of genuine quality, free from danger and hygienic;
    2. to prevent the public from consuming food that may cause danger or are injurious to health;
    3. to supervise production of controlled food systematically;
    4. to control and regulate the production, import, export, storage, distribution and sale of food systematically.
  1. In order to carry out measures relating to food contained in this Law, the Government shall supplement the following persons as members in the Myanmar Food and Drug Board of Authority:
    1. Director-General, Development Affairs Department, Ministry of Progress of Border Areas and National Races and Development Affairs;
    2. A representative each from the following organizations:- (1) Yangon City Development Committee, (2) Mandalay City Development Committee,
    3. An expert each relating to the following subject:- (1)Food Science, (2)Food Microbiology, (3)Food Industrial Technology, (4)Toxicology.
  2. The non-governmental member of the Board of Authority is entitled to such remuneration as may be prescribed by the Ministry of Health.

Functions and Duties of the Board of Authority

  1. The functions and duties of the Board of Authority formed under
    section 4 are as follows:
  1. Laying down the policy relating to the production, storage, distribution and sale of food.
  2. determining good manufacturing practices with respect to quality assurance of food;
  3. laying down the policies relating to the inspection, control and laboratory analysis of food;
  4. laying down the policy relating to labelling and advertising of food;
  5. determining the kinds of controlled food and food additives;
  6. determining detailed criteria and standards for food, differing from standards;
  7. coordinating with the relevant Ministries with respect to import and export of food for the safety of consumers;
  8. determining primary laboratories and appellate laboratories
  9. forming committees in respect of matters relating to expertise and determining the functions and duties of such committees;
  10. supplementing functions and duties of the State/Divisional,
    District, Township food and Drug Supervisory Committees formed under section 5 ,sub-section(1) of the National Drugs
    Law to enable supervision of matters relating to food.

Application for Licence

  1. A person desirous of producing controlled food shall apply for a licence to the Government department or organization which is authorized to issue the licence, only after obtaining recommendation from the Department of Health.
  2. The Department of Health may in respect of the producing of controlled food scrutinze as to whether or not it is in conformity with the stipulations may issue or refuse to issue the recommendation.
  3. A person desirous of producing food other than controlled food shall apply for the Licence to the relevant Government department or organization which is authorized to issue the same, in accordance with the existing Law.
  4. The relevant Government department or organization which is authorized to issue the licence shall determine the conditions of the licence, tenure, licence extension fees.

Temporary Revocation subject to a time Limit and Cancellation of
Licence

  1. 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:-
    1. production, storage or sale of food under unhygienic conditions;
    2. causing a person who has contracted food-borne infection 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.
  2. If a person who has obtained a licence violates or is considered or have violated any order, directive, condition or any condition of the licence issued by the relevant government department or organisation, the Government department or organisation which is authorised to issue the licence may revoke the licence temporarily subject to a limit or cancel it.
  3. The Board of Authority may direct the relevant State and Division, District and Township Food and Drugs 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.

Appeal

  1. A person dissatisfied with a decision made by the authorised Government department or organisation in respect of the refusal to grant licence, temporary revocation subject to a time limit or cancellation of licence, may file an appeal to the relevant Minister or the Chairman of the Yangon City Development Committee within 60 days from the date of such decision.
  2. The decision of the relevant Minister or Chairman of the
    Yangon City Development Committee shall be final and
    conclusive.

Quality Assurance, Labelling and Advertisement

  1. A person who produces, imports, exports, stores, distributes or sells food shall strictly abide by the order, directive and conditions issued by the relevant Government department or organisation or Board of Authority in respect of quality assurance of food, labelling and advertisement.

Assigning of Responsibility as Inspectors

  1. The Ministry of Health:-
    1. Shall assign responsibility as food Inspectors to the staff subordinate to it in order to carry out inspection of food and inspection as to whether or not there is observance of good manufacturing practices;
    2. Shall assign responsibility as food Inspectors to suitable staff in co-ordination with the relevant Development Committee, in Yangon City Development Areas And Mandalay City Development Areas and in co-ordination with the relevant Ministry in other areas; Shall determine the duties and powers of the food Inspector.
    1. Food Inspector shall submit his findings on inspection to the relevant Township Food and Drug Supervisory Committee;
    2. The Township Food and Drug Supervisory Committee after scrutinising the report of the food Inspector,
      1. shall, if infringement of the provision of sub-sections (a) or (b) of section 13 is found, pass any relevant administrative punishment.
      2. shall, if infringement of the prohibition contained in section 22, section 23, section 24 or section 25 is found, take action under this Law;
      3. shall, it cause to take administrative action, arises submit to the relevant government department or organization which is authorised to issue licence.

Prohibition

  1. No one shall fail to abide by any order passed under section 13.
  2. No one shall produce import, export, store, distribute or sell
    the following food:-
  1. food that may be poisonous , dangerous or injurious to the health of the consumer;
  2. food wholly or partly substituted or adulterated so as to affect or endanger the nature substance or quality of the food;
  3. food in which food additive is used in excess of the prescribed limit;
  4. food containing agricultural chemicals in excess of the maximum permissible level determined by the authority concerned;
  5. food containing substance prohibited or not allowed by the authority concerned;
  6. food containing putrid, deteriorated substance or substance unfit for human consumption;
  7. food differing from standards;
  8. food, on the label of which property not included in it is wrongly stated;
  9. food, which does not include the information to be stated, as determined by the relevant Government department or organisation which is authorised to issue the licence.
  • No one shall produce controlled food without a licence.
  • No one shall export, store, distribute or sell controlled food produced without a licence.
  • No one who produces, imports, exports, stores, distributes or sells food shall fail to abide by the order, directive and conditions issued by the relevant Government department or organisation or the Board of Authority in respect of the following:-
    1. quality assurance;
    2. labelling;
    3. advertisement.

Offences and Penalties

  1. Whoever violates the provision of section 21 shall on conviction, be punished with imprisonment for a term which may extent to one year or fine which may extent to kyats 10000, or with both.
  2. 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.
  3. Whoever violates any provision or section 22 shall on conviction:-
    1. if is an offence relating to food contained in subsection(a), sub-section(b) , sub-section(c), sub-section(d), sub-section(e) , or sub-section(f) , be punished with imprisonment for a term which may extend 3 years, or with fine which may extend to kyats 30000, or with both;
    2. if it is an offence relating to food contained in subsection(g), sub-section(h) , sub-section(i), be punished with imprisonment for a term which may extend to 1 year, or with fine which may extend to kyats 10000, or with both;
    3. the exhibits involved in the offence shall be liable to be confiscated.
  4. Whoever violates the provision of section 23 shall, on conviction, be punished with imprisonment for a term which may extend to 5 years, or with fine which may extend from a minimum of kyats 5000 to a maximum of kyats 50000, or with both. In addition, the exhibits involved in the offence shall also be liable to be confiscated.
  5. Whoever violates the provision of section 24 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 kyats 1000 to a maximum of kyats 30000, or with both. In addition, the exhibits involved in the offence shall also be liable to be confiscated.
  6. 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 year, or with fine may extend from a minimum of kyats 1000 to a maximum of kyats 30000 or with both.

Miscellaneous

      1. In areas other than the Yangon City Development Area and Mandalay City Development Area, the Township Food and Drug Supervisory Committee may carry out inspection of food.
      2. 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 coordination with the relevant Health Department of the Yangon City Development Committee or the Mandalay City Development Committee.
    1. The provisions of this Law shall not apply to food brought into or taken out of the country together with a person for personal consumption.
    2. In instituting legal proceedings under this Law, prior sanction of the Ministry of Health or the Organisation or person delegated with powers for this purpose shall be obtained.
    3. The Government department or organisation which is authorised to grant permission to import or export food for commercial purpose shall only grant permission to the person who can submit a certificate of recommendation of the Department of Health.
    4. The order, directives and conditions issued by the Government department or organisation which is authorised to issue licence shall be deemed to be the orders, directives and conditions issued under this Law.
    5. The order relating to the inspection of food issued under The National Drug Law and the orders relating to the standardisation of food issued under any existing law may continue to be applicable in so far as they are not inconsistent with this Law.
    6. For the purpose of carrying out the provisions of this Law:-
      1. the Ministry of Health may issue such rules and procedures as may be necessary, with the approval of the Government;
      2. the relevant Government department or organisation or Board of Authority may issue such order and directive as may be necessary.

(Sd) Than Shwe
Senior General
Chairman
The State Law and Order Restoration Council