I8 The State Law and Order Restoration Council The National Food Law
(The State Law and Order Restoration Council Law No. 5/97) The 9th Waning Day of Tabodwe, 1358 M.E.
(3 rd March, 1997)
The State Law and Order Restoration Council hereby enacts the following L2w: -
Chapter 1
Title and Definition
1. This Law shall be called the National Food Law.
2. The following expressions contained in this Law shall have the meanings given hereunder:-
(a) Food means edible thing that human beings can readily eat or drink, ingredient included therein or food additives except drug. This expression also includes thingdetermined as food by the Ministry of Health by notification from time to time;
(b) Board of Authority means the Myanmar Food and Drug Board i.1' Authority formed under the National Drug Law and supplemented under section 4 oi this Law;
(c) Controlled Food means food determined as controlled food by the Board of Authority from time to time;
(d) Fodd Additive means the ingredient used in the production and preparation of food, or ingredient for colour, odour and taste in tk1c food, detern~inedby the Board of Authority;
je) Food differing frorn Standards means the food which is nor in ccnfomity with the specifications in respect of the relevant food, or food which is lower or higher than the minimum or maximum scand:uds, prescribed by the Board of Authority;
(C) Licence means a permit grar.tecl by the relevant Government Sepanment or organization undzr m y existing Ihw for production cif food ;
(g) Unhygienic-Cpndition means the condition which may cause injury or danger to the hcalth of the consumer due to contamination of food with din and. filth:
(h) Production means the operations ttr 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 operations canied out. in processes:
( i ) Quality Assurance means the warranty that food is of genuine quality, free from danger and hygienic for the consumer;
) Zabelling means the act of displaying labels on the container, bottle, pack, outer package or any packing material in which the food is contained;
(k) Advertising means carrying out measures to inform the public directly or indirectly in order to promote distribution and sale of the food;
(1) Primary Laboratory means the laborztory prescribed by the Board of Authority, by notification to analyse samples of the food;
(m) Appellate Laboratory means the Laboratory specified by the Board of Authority by notification in order that a final and conclusive decision may be made in respect of analysis of samplzs 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.
Chapter €I Aims
3. The aims of this Law are as follows:- (a) to enable the public to consume food o f genuine quality, irec from
danger and hygienic; (b) to prevent the public from consuming fo:;d that may cause d;l;ige; or
are injurious to healrh; (c) to supervise production of controIIed focd systematically; (d) to control and regulate the produc~ioi, import, export, storage,
distribution and sale of food systematically.
20 Chapter HI
Formation of the Board of Authority
4. In order to carry out measures relating to food contained in this Law, the Government shall supplement the following pkrsons as members in the Myanmar Food and Drug Board of Authority:-
(a) Director-General, Development Affairs Department, Ministry of Progress of 'Border Areas and National Races and Development Affairs;
(b) A representative each from the following organizations:- (1) Yangon City Development Committee, (2) Mandalay City. Development Committee;
(C) An expert each relating to the following subjects:. (1) Food Science, (2) Food Microbiology, (3) Food Industrial Technology, (4) Toxicology.
5 . The non-governmental member of the Boaru of Authority is entitled to such remuneration as may he prescribed by the Ministty of Health.
Chapter IV Functions and Duties of the Hoard of Authority
6 . The f~lnctionsand duties of the Board of Authority formed under scction 4 are as h1lows:-
(a) laying down the policy relating to the production, storage, distribution and sale of food;
(b) determining good production practices with respect to qu;riiiy assurance of fond;
(c) layin? down rhc po!icy rcl2:ing to the inspeceon, control and laboratory analysis of food;
(d) layins do\*,li the policy I-eiaung to labelling and advertisin2 of foljd; je) dctcrmining die ki::ds of cocuolled food and food additives;
21 (0 determining detailed criteria and standards for food, differing trom
standards; (g) co-ordinating with the relevant Ministries with respect to import and
exporl of food for the safety of consumers; (h) determining primary laboratories and appellate laboratories; (i) forming committees in respect of matters relatink to expertise and
determining the functions and duties of such committees: (j) supplementing functions and duties of the State/Divisional, District,
Township Food and Drug Supervisory Committees formed undzr section 5 sub-section ( 1 ) of. the National Drugs Law 10 enable supervision of matters ,relating to food.
7. A Government department or organization that produces food shall co-ordinatc with the Board of Authority prior to the production.
8. The Board of Authority may delegate any department or organization to carry out its functions and duties.
Chapter V Application for Licence
9. A person desirous of producing controlled food shall apply ior a liccnce to the Government department or organization whic!i is authorized to i.;\i!:' ?!I,: licence, only atier obtaining recommendation fron~the Deparmmrnl !,Jcal!h.
10. The Department of Health niay in respect of :he prod~i in fof contr!:llcd food scrutinize as to whether or not it is in conloriiiity with the siipu:sii,,n. arid m-y issue or refuse to issue the rc;oo!n~ei~dz!i.:. .
1 l . P. pcnon de5i:ous of p:oducin_e food othcr l!,;:.' i;;ntrol!ed food sha!! a:-?!v for tlre licence tcr the relevant Govenunent deparm1:r:: or organiza!ion \ \ . ~ i ~ ~ l i is aulhorized to issue the same. in accordancc wi~iiihs existing laws.
12. The relevanr Goi:ernment department or orgmizaiion which is 3uthorized !G :SF-: ihe 1icerjc:- shal! <!c!srmine the conditions oi 1 : ~licence. tcnurs. I : t - : .nx !ez> ai:d lice~lccextension fees.
22 Chapter V1 Temporary Revocation Subject to a Time Limit and
Cancellation of Licence
13. The Township Food and Drug Supervisory Committee may pass a temporary or permanent prohibitory punishment on the person who commits any of the following acts:-
(a) production, storage or sale of food under unhygienic conditions; (b) causing a person who has contracted food-home 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.
14. If a person who has obtained a licence violates or is considered to have violated any order, directive, condition or any condition of the licence issue& by the relevant Government department or organization, the Ciovekkent department or organization which is authorizd to issue the licence may revoke the licence temporarily subject to 'a time limit or cancel it.
:5. The Board of Authority may chrect the relevant Sta!e/Divisional, Dislrict and Township Food and Drug Supervisory Committees to seize the food produced and distrihuted by a person whose licence h a s been cancelled due to infrin~ementof any condition relating to quality assurance.
Chapter VII Appeal
16. A person dissatisfied with a decision made by rhe :isthorized C;overnment dep~rtmenror organization in respect of the refusal to gr:iiii licence, temporary revocation subjcct to a time limit or cancellatio!~of licenc~:. ?.lay file an anpeal to the reicvant Minister or the Chairmm of t!e Yw.&iin City Develcpmnt Committee w:iii:n 63 days from the date of such decision.
! 7 . The decision of :he reievan: h4inister or Chairnlw. of the Yangon City Develc>yment Committee shhll be final and conclusive.
23 Chapter VIII
Quality Assurance, Labelbing Pnd Advertisemant
18. A person who produces, imports, exports, stores, distributes or sells fobd shall strictly abide by the order, directive and conditions issued by the relevant Government department or organization or Board of Authority in respect of quality assurance of food, labelling and advertisement.
Chapter IX Assigning of R q p s i l d l i t y as Inspectors
19. The Ministry of Health:- (a) 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 production practices:
(b) shall assign responsibility .as Food Inspectors to suitable staff in coordination with the relevant Development Committee, in Yangon City Development Areas and Mandalay City &velopment Areas and in coordination with the relevant Minisby in other areas;
(C) shall determine the duties and powers of ~ h cFood Inspector.
20. (a) The Food Inspector shall submit ki hndings on inspection to the relevant Township Food and Drug Supervisory Committee
(b) The Township Food and Drug ,Supervisory Commj1tr.e ailer scrutinizing the report of the Food Inspector:- (1) shall, if infringcment of the provision of sub-section (a: or (h)
of section l ? is found. pass ai l ) , relevanr adminislmtivc punjsiimenl;
(2) shall, if i~ifiingemcntof' the prol~ibil: c:~ntained in szcti::. 22. scction 23. scctioii 24 or section 25 i . . it<und, take actioii i : : . i ~ ; this Law;
(3) shall. it cause to take adrninistrativc ,ic!iocl arises, subii~itl(: t!ir relevant Governnlent depaxtrnen~ i:: o~~ganizationwlticil is authorized to issue licence.
Chapter X Prohibition
21. No one shall fail to abide by any order passed under section 13.
22. No one shsll produce @port, expon, store, distribute or sell the following food:- (a) food that may be poisonous, dangerous or injurious to the health of
.the consumer; (b) food wholly or partly substituted or adulterated so as to affect or
endanger the nature, substance or quality of the food; (c) food in which food additive is used in excess of the prescribed limit; (d) food containing agricultural chemicals in excess of the maximum
permissible level determined by the authority concerned; (c) food containing substance prohibited or not allowed by the authority
concerned; (0 food containing putrid, deteriorated substance or substance unfit for
human consumption; (g) food differing from standards; (h) food, on the label of which property not included in i t is wrt~ngly
stated; (i) food, which does not include the information to he stated- as
determined by the relevant Government departmen1 or organization which i s authorized to issue the licence.
23. No one shall produl.2 uintroiled food without a i~cence.
24. No one shall without a licence export, store. distr~buteor sell contro!lcd food produced.
25. No one who produces, in~ports,zXporcs. stores. dis:ril:utes or sells l'oocl shall fail to abide by the order, di:cctivc and condiii;lns issued by the rcicvlrnt Government department or organization or thc Board of' Aurhoi-ity in respect of the following:-
(a) quality assurance; (h) labclling: (C) adve1.t iscment.
Chapter XI Offences and Penalties
26. Whoever violates the provision of section 21 shall, on conviction, be punished with imprisonment for a term which may extend to 1 year or with fine which may extend to kyats n( mONl or with both.
27. Whoever after conviction for failing to abide by any provision of section 21, fails continuously to abide by the same, shall be punished w ~ t ha further fine of kyau 5iW for each day during which t!e failr-re continues.
28. Whoever violates any. provision of section 22 shall, on conv1ctlon:- (a) if it is an offence relating to food contained in sub-section (a),
sub-section (h), sub-section (C), suh-sectinc (d), sub-section (e) cr sub-section (0,be punished with iri~priscnmcn!for a tt.:-n~lhhi\:h rr:;;:? extend to 3 years or with fine whicl; may extend to kyats ?(:;(h: or with both;
(b) if it is an ofrence relating to food imisincd i:' sub-scct~.)n(g), sub-section (h), or rub-section (i), bc punished with imprlse?lrne:, for a term which may extend to 1 year or with tine which may extend to kyats l(LO00 or with both;
(C) the exhibits involved in the offencc shall also be liable to Ye confiscated
29. Whocver violates the provisio~lof seciian 23 shall, on convic:ion, ht: punished with imprisonment for a term which may extcnc! to5 ycars or w i d ~ fine which may extend from a minimum of kyaS 51)0!) m a maxi!r,un? of kyats 5(2000 or with both. In addition, thc oiiibi!? involved in ti,: oftence shall also bz liable to he confiwated.
:, .I . T?>.:i:,evc, ;I~:lar~:s *':e provision nf sec::';.. . 1 , I v I c ~~ilnish,-clwitit inlpiisonnien; fsr a tern whicl: n : ~ .e:;r-nd to 3 years n: \..itii fine \chic;, m?y e-rl,:nfl from a minimum of ky~:.; ij.,!Y!;)13 B m.winu~r.i.!.byh:; ?(~oMl01 ~ v i i h1,o:h. In addi~ion,the exhibits i ~ ? v i : l ~ ~ din the offcnce s!i-i!l aiso he liable to bz contlscated.
31. Any person who produces, imports, exports, Stores, distributes or sells food and who violates the provision of section 25, shall on conviction, be punished with imprisonment for a term which may extend to 3 years or with fine which may extend from a minimuin of kyats 1000 to a maximum of kyats 3q000 or with both.
Chapter XII Miscellaneous
32. (a) In areas other than the Yangon City Development Area and Mandalay City Development Area the Township Food and Drug Supervisory Committee may camy out inspection of food.
(b) In Yangon City Development Area and Mandalay City Development Area, the Township Food and Drug Supervisory Committee shall carry out the inspection of food, in co-ordination with the relevant Keaith Department of the Yangon City Development Committee or the Mandalay ci ty D~velopmentCommittee.
33. The provisions of this Law shall not apply to food brought into or taken out of the country together with a oerson for personal consumption.
34. In instituting iegal proceedings under this Law, prior sanction of the Ministry of Kealth or the organizarion or person delegated with powers for this purpcse shall be obtained.
35. The Government department or organization which is authorized to grant p-nnission to import or expon food for commercial purpose shall only grant pcmission to thz person who can submit a certificate of recommendation of rhz Departminc of Hcalth.
36. Thc orders, directives and conditions issccd hy d ~ eGovemrna~tdspartment or orga!iizl;rjon which is ac&orized tcj issue licencc shali bedecned :o be the orde.rs. directives aad conditions issucd under h i s Law.
37. The ordzrs relating to the inspection of food issued undzr the National i i i u g Law and t!e crciers relating to ;h- standart!izarion nf food issued under
any existing law may continue to be aonlicahle in so far as they are not inconsistent with this Law.
38. or the purpose of carrying out the provisions of this Eaw:: (a) the Ministry of Health may issue such rules and procedures as may
be necessary, with the approval of the Government; (b) the relevant Government departmen: or organization or Board of
Authority may issue such order and directives as may be necessary.
Sd.1 Than Shwe Seni,.r Gcneral
Clrairrnan The State Law and Order Restoration Council