Lao People’s Democratic Republic
Peace Independence Democracy Unity Prosperity

Ministry of Health                           No. 518 /MoH
Vientiane Capital, dated 18 March 2009

MINISTERIAL REGULATION ON THE BASIC PRINCIPLES IN THE
APPLICATION OF SANITARY AND TECHNICAL MEASURES FOR THE
FOOD SAFETY MANAGEMENT

• Pursuant to the Food Law No. 04/NA, dated 15 May 2004
• Pursuant to the Prime Minister Decree on the Structure and Activities of Ministry of Public Health, No. 114/PM, dated 4 July 2008
• Pursuant to the Proposal of Food and Drugs Department

The Minister of Public Health issued the Regulation as follows:

Chapter I
General Provisions

Article 1: Objective

   This Ministerial Regulation stipulates the basic principles and methodologies for the application of Sanitary and Technical Measures to conduct management, inspection and monitoring of food activities and business aiming to promote and ensure the food quality, standard and safety in order to protect consumers’ health and life, facilitate fair practices and food trade; additionally, to promote the development  and growth of food businesses; and to comply with the requirements of international economic integration framework. Top

Article 2: Scope of Application

   This Ministerial Regulation is applied to any sanitary and technical measure to protect human health and life of food businesses. Top

Article 3: Interpretation of Terms

• Basic Principles: refers to the basic principles which are specified in Article 4 of this Ministerial Regulation and derived from the Agreement of Application of Sanitary and Phytosanitary Measures of the World Trade Organization.
• Measure: refers to legal documents stipulating the principles, rules and standards including sanitary and technical measures which are applied in management and inspection of the production, processing, import-export of products, service, transportation and distribution of food.
• Sanitary Measure: refers to any measure which is applied to protect human health or life from  risks that may occur from food additives, contaminants, poisons or diseases that cause food illness or other adverse health effects.
• Technical   Measure:  refers  to   any  technical   measure  which   is   applied   in management and inspection of the production, processing, import, packaging and food labeling, including control, inspection and the procedures to certify and distribute food in Lao PDR.
• Creation of unnecessary barriers to food business: refers to the application of any measure intended to protect consumer health and life which  deviate from basic scientific principles and international standards and create unnecessary barriers to food businesses and trade.
• Risk Assessment: refers to the assessment to the potential of adverse effect on human health or life arising from consuming or using a specific food product within the certain time period.
• Food Business: refers to the business of food processing, food production, food service, food import-export, food storage, food transportation and food distribution.
• Food Production Business: refers to industrial food and home-made production, including household production for domestic use in Lao PDR or export to foreign countries
• Food Service: refers to food service in restaurants or other places to eat (Article 20 of the Food Law).
•  Integrated Food Chain Approach:  refers to any approach to control the safety of food throughout the food chain from farm to table and which engages all relevant stakeholders. Top

Chapter II
The Basic Principles in the Application of Sanitary and Technical Measures

Article 4: Basic Principles

  The application of sanitary and technical measures for this administration in relation to food safety shall follow these principles:

1. Necessity to protect consumer health;
2. Standards determined in Lao PDR;
3. Ensure transparency; and
4. Non- discrimination Top

Article 5: Necessity to protect consumer health

  The protection of consumer health or life shall be ensured by the sanitation and safety of food as stipulated in Article 14 and 15 of the Food Law while avoiding unnecessary barriers to food business activities or without in adherence to scientific principles. Top

Article 6: Food standards in Lao PDR

   Foods which are produced, imported and distributed in Lao PDR shall comply with the food standards of Lao PDR, based on the Codex Alimentarius standards, guidelines and recommendations. In the case that the standards of Lao PDR are higher than Codex Alimentarius standards, guidelines and recommendations or where Codex standard do not exist, the scientific justification shall be made by the relevant competent authorities. Top

Article 7: Transparency

1. Any  measure  which  has  been  adopted  or  changed  shall  be  promptly published and notification provided in writing, through available media in such a manner as to  enable related  government agencies, businesses,  citizens  and trading partners  to  be informed. There should be a reasonable interval between the publication of such measures and it is entry into force in order to allow time for related stakeholders to prepare themselves, except in urgent circumstances.
2. Related agencies have the obligation to provide SPS enquiry points and notification points regarding SPS related information.
3. Any necessary information regarding SPS measures, forms, procedures, time periods and other information shall be published properly. Additionally information shall be announced at the places of administrative services in order to facilitate access to food business entrepreneurs. Top

Article 8: Non discrimination

   The application of sanitary measures shall be consistent with the non discrimination principle, de jure and de facto between country and  country or between supplier  and supplier. Top

Chapter III
Food safety framework

Article 9: A framework to ensure food safety

   A  framework  to  ensure  food  safety  of  Lao  PDR  consists  of  administration, legislation, risk assessment, integrated food chain approach, national human resource capacity, national data collection and scientific research, international standards and trade, national and international cooperation. Top

Article 10: The implementation of the food safety framework

   The implementation operation of the food safety framework in Lao PDR complies with the Food Law and the National Food Safety Policy as well as other food related regulations which have already been implemented and enforced.

   In case where the food safety framework may contradict or is not covered by the basic principles which are stipulated under Ministerial Regulations, the Ministerial Regulations and principles shall prevail. Top

Article 11: Risk assessment

   The measures applied for food safety shall be based on reasonable risk assessment framework and comply with international or regional standards as well as transparent and non discriminating principles. Top

Article 12: Recognition of foreign standards.

  Lao PDR recognizes the standards of countries that have adopted the standards of Codex Alimentarius. The SPS certification of those countries will be accepted by Lao PDR. In case the product fails to meet such standards, it can also be rejected. Top

Chapter IV
Rights and Obligations of Public Health Agencies

Article 13: Rights and obligations of Ministry of Public Health

   In addition to regular rights and obligations according to their roles, additional rights and obligations are as follows:

1. To extend the basic principles of Article 4 in this Ministerial Regulation to the food safety framework in Lao PDR.
2. To monitor, summarize, evaluate and assess the results of the application of basic principles under Article 4 of this Ministerial Regulation and also entitled to improve and amend  any  food  related  legislation  which  is inconsistent  with  this  Ministerial Regulation.
3. To coordinate with other related government agencies in order to ensure the basic principles  of  this  Ministerial  Regulation  are  further  applied  to  the  food  safety framework of Lao PDR (Annex 1 of National Food Safety Policy).
4. To participate in liaising, coordinating and negotiating in the fields of sanitary and technical activities which are related to food businesses at both the national and international levels.
5. To disseminate the basic principles of this Ministerial Regulation to health agencies, related organizations and the business sector, in order that they be informed and understand this Ministerial Regulation throughout the country. Top

Article 14: Rights and Obligations of Provincial and Vientiane Public Health Offices

In addition to regular rights and obligations according to their roles, additional rights and obligations are as follows:

1. To implement, monitor, inspect and summarize the results of the application of the basic principles as provided for in Article 4 of this Ministerial Regulation and report to Ministry of Public Health regularly;
2. To   disseminate   the   basic   principles   of   this   Ministerial   Regulation   to   related stakeholders, government agencies and the business sector, in order that they to understand and implement it;
3. To coordinate with other government agencies to ensure the basic principles of this Ministerial Regulation are applied to the food safety framework of Lao PDR (as provided for in the Annex 1 of National Food Safety Policy); and
4. To implement the instructions of  the Ministry of Health in order to apply the sanitary and technical measures to the food safety framework. Top