LAO PEOPLE’S DEMOCRATIC REPUBLIC

Peace Independence Democracy Unity Prosperity

 

                                                                                Ministry of Public Health                                                                              

No. 1166/MOH

Vientiane capital, dated 21 June 2018

Decision

on Export-Import and Transit of Food

• Pursuant to the revised of Food Law No. 33/NA, dated 24 July 2013;
• Pursuant to Decree on Organization and Operation of Ministry of Health No.96/PM, dated 09 March 2017;
• Pursuant to Research and Proposal of Food and Drug Department.

 

Section I

General Provision

Article 1: Purpose

This decision is issued to define principles, rules, methods and measures in order to control, inspect and follow export – import, temporary import and transit of food. As well as food additive to ensure that food has quality, safety and nutrition in term of protecting consumers, facilitating in food trade and justice.

Article 2: Control and inspect for export – import and transit food

Control and investigate export – import and transit food are the approval, investigation and following of food export, import and transit.

Article 3: Term of Interpretation

Terms used in this decision are defined as followed:

1. Food refers to materials or any substances which are already made, semi processed or unprocessed such as fresh food, uncooked food for consumption, which also includes beverage, other products and any substances are used in production, preparation or food therapy. However, cosmetic, tobacco and substance that uses in medicines are not included;
2. Export – import refers to activities that export or import food in Lao PDR. The temporary import and import for exhibition are also included;
3. Transit refers to the delivery of food to third country which deliver through Lao PDR;
4. Temporary import refers to import food for production, processing, packaging which purpose to re-export, so it is not permitted to sale in Lao PDR;
5. Food that is imported for exhibition refers to food that is allowed for exclusive importation of exhibition as prescribes by Customs Law (Article 47);
6. Food additive refers to any substances which is added into food for technical purpose includes shape, taste, odor, color etc which is used for production, preparation, therapy, packaging, delivery and food storage that may have impact on direct and indirect of food characteristics.
7. Food Safety Authority (FSA) refers to the organization that takes responsibility on food safety as prescribes by Food Law;
8. Certify third party refers to the organization which is allowed to authorize Lao PDR food safety or Food Safety Authority from food export country in order to do any activities which are related to controlling of food safety;
9. Certification refers to officially certify quality, and food safety by Food Safety Authority (FSA) or official organization which is certified.
10.  Official food laboratory refers to the laboratory where is known and approved from Ministry of Health.

 

Article 4:  Scope  of use

This decision is used for individual, juridical person or domestic and international agencies that are operating business of export – import, transit food and food additive. However, the export – import and transit of primary agricultural products which authorize by Agriculture and Forestry department are not included.

Article 5: Principles of commercial practice

The commercial practice shall adhere by principles as below:

1. Mutual  recognition

Food and Drug department or Food Safety Authority shall mutual recognition with partner countries where have food safety system, any equal conditions or exclusive agreements which are consistent with this Decision between Lao PDR and trading partner;

2. Non-discrimination

The export – import and transit of food shall be carried out in equal measure with all trading partners and shall have equality in domestic and international.

3. Transparency

Department of Food and Drug shall support information which relates to rules and measures of export – import and transit of food at present. If there are any adjustments, organization needs to contribute with several related sectors by promoting through media, official gazette and import checkpoints for trade facilitate, exempt emergency case.

         The department of Food and Drug shall certify 60days in order to comment the changing of rules that are offered.

Section II

The approval of export – import and transit of food

Article 6: General principles of export – import and transit of food

Export – import and transit of food business shall register at the department of Food and Drug or Provincial Food and Drug division as assigned.

Individual, legal entity or domestic and international agencies who operate business that involve export – import and transit of food can ask for the approval of export – import and transit in any provinces, and can operate the export – import and transit at the checkpoints across country.

Article 7: Conditions of food exporters - importers and forwarders

Individual, legal entity or organization that has purpose export - import and transit food in Lao PDR shall comply under the Food Law (revised), article 34, 35, 36, 40, 41 and this Decision, exempt importing  for private consumption.

Food exporters - importers and   forwarders shall to have the food export-import enterprise, food factory, governmental organizations, and international organizations. Organizations which are not the government and foundation shall to have the conditions as below:

1. There shall be proper location for storage and distribute food according standards as prescribed, for example, warehouse and cold storage where can maintain food in the cold temperature. Additionally, vehicles and proper equipment  to ensure food safety and quality will be in its original state;
2. There shall have technical officers who have been trained for the foundation of food safety;
3. There shall have monitorial system and recall food products when the issues of quality and safety occur;
4. There shall guarantee food which is imported to Lao PDR need to have consumption life at least 60 percent before expire date, meet standard, high quality and safety, exempt food transit;
5. Food forwarders shall submit all document as prescribed at least 05 working day before transit date at the department of Food and Drug or Provincial Food and Drug division where is authorized for consideration, and pay fees.

  Article 8: Fees of export – import and transit

Food business operators shall pay service fees that are related to inspection, sampling, auditing and certification of food export – import and transit in accordance with the regulations as stipulated in the Presidential Decree in each period.

 

Category I

Food export

Article 9: Principles of export certification

1. Any food which is exported from Lao PDR needs to meet the standard, quality and safety as prescribed by Food Law in article 34, and shall to comply with the regulations of imported countries.
2. Food certificate shall be approved by the department of Food and Drug or Provincial Food and Drug division where is authorized.

 

Article 10: Complete the documents of the Food export license

Food exporters who require a certificate of export can submit document forms to the department of Food and Drug or Provincial Food and drug Division, and pay fees as prescribed.

Complementary documents requesting the export permit:

1. Application of company or factory (Appendix 1);
2. Invoice;
3. Safety certificate or any food safety system such as: food license, quality certificate of food products, GMP/HACCP, ISO 22000 and other certificates;
4. Enterprise registration certificate;
5. Business operation license.

Article 11: Procedures for Food export license

Food exporters shall submit all documents as prescribed at least 05 working days before the date of export at the Food and Drug department or Provincial Food and Drug division where is authorized to consider, and exporters shall pay fees.

Article 12: Export license

1. Food and Drug department or Provincial Food and Drug division will issue export license to exporters within 03 working days after receiving all documents;
2. Export license can be used only one time;
3. Food exporters shall to present export license to Food and Drug officers at the checkpoints.

Category II

Food import

 

Article 13: Principles of food import

Individual, legal entity or domestic and international organizations that operate business related to import food for sale shall be registered license with the Food and Drug department or Provincial Food and Drug division where is authorized and business locations.

Importing food shall comply with regulations, rules and food standards of Lao PDR and need to guarantee food safety for consumption.

Food which has high risk shall be registered the license before import permit. Food which has medium and low risk can be applied for permission anytime (Appendix a list of risk foods).

 

Article 14: Complete the documents of the Food import permission

Complementary documents requesting the import permit:

1. Request for Food Import Permit (1 copy);

2. Invoice (2 copies);

3. Packing list (2 copies);

4. Food safety certificate from an export country for instance registration certificate, free sale certificate, GHP, HACCP, IOS 22000 or other certificate certified from Food Safety Agency of exported country Validity of other certificates before the validity expires in 3 months. (Certificate shall be in English and original version / if copied certificate shall be stamped from an imported company) (1 copy);

5. Officially certification from Food Safety Agency (English or original version, if copied certificate shall be stamped from an imported company) (2 copies);

6. Enterprise registration certificate (1 copy);

7. Labeling or stickers in Lao language (1 copy);

8. A sample of products (1 sample);

9. Certificate of food registration of Lao PDR (if applicable) (1 copy).

   Article 15: Procedures of import permit

Importers shall submit all documents as prescribed at least 05 working days before the date of import at the Food and Drug department or Provincial Food and Drug division where is authorized to consider, and importers shall pay fees.

Article 16: Consideration for import license

1. The consideration for the permission of food import shall be undertaken a risky food which Food and Drug department has guideline;
2. Food and Drug department or Provincial Food and Drug division shall issue the food import license to importers within 03 working day after receiving all documents;
3. Import license can be used only one time within 30 working days. In case, if import license is expired before import, importers can submit to extend once and its valid date is 30 working days;
4. Food importers shall submit import license to Food and Drug officers at the checkpoints.

    Article 17: Inspection the location of food origin

In order to comply with bilateral or multilateral trade agreements which recognize one another in granting import licenses, Food Safety Authority of Lao PDR can coordinate with Food Safety Authority of export countries in term of processing inspection the location of food origin under the cooperation and rules as prescribed.

    Article 18: Determining the status and level of inspection

Food and Drug department is a party who define the status and level of inspection to food importers in accordance with Decision on Food Inspection No. 297/MOH 2012; article 5, article 6, inspection guide in order to define the trust of status and the frequency of inspection.

Provincial Food and Drug division shall purpose to the department of Food and Drug in term of conducting the status by providing the information of inspection, assessing risk and background of business operators.

    Article 19: Authorization of duties from Food and Drug department to a third   organization

Food and Drug department shall consider authorizing third organization which includes individual, legal entity, government or private sectors in order to perform the food import control as below:

1. Implementation of inspection;
2. Sampling;
3. Test and analytic food.

To implement all activities above, third party or person who is authorized shall be followed and evaluated the implementation in accordance with the scope of purposes and objectives as prescribed.

Third party or person who is authorized shall report the implementation to Food and Drug department.

Article 20: Acknowledgement of certificate

Food and Drug department or Provincial Food and Drug division shall acknowledge the certificate of food safety which is issued by Food Safety Authority of export countries or third party who shall to reach the conditions of food import of Lao PDR.

Article 21: Food import for personal uses

A person who has purposed to import food for personal consumption, family and non-commercial use such food shall does not exceed the following limits:

1. Meat and meat products (including fish and poultry) in raw or cooked type shall be allowed to import not exceed 5 kg per person;
2. All Seafood in raw or cooked type shall be allowed to import not exceed 5 kg per person;
3. All food types which are passed the process of production and cooked including meat, fish, poultry, seafood, fruit and vegetable are permitted  to import not exceed 5 kg for each types;
4. Supplementary food, baby formula and baby food are allowed to import not exceed 2 kg per person.

Category III

Food transit

Article 22: Principles of transit

Individual, legal entity or organizations who intend to transit food from any countries through Lao PDR to third country shall apply for transit permission with the Food and Drug department or Provincial Food and Drug division and shall to follow these principles:

1. Present all official documents of transit permission to Food and Drug officers at the import - export checkpoints of Lao PDR;
2. If moving goods onto the another truck or warehouses before transit, this process shall be checked and certified by Food and Drug officers according to Transit rules as prescribed in article 36 of Food Law;
3. Ensure that transit food in the Lao PDR's territory is carried out in a way that ensures no risk or no spread of disease which occurs from such food in Lao PDR.

Article 23: Complete documents of Food transit permission

Complementary documents requesting the transit permission:

1. Request for food transit permit

2. Invoice (2 copies)

3. Purchase order (2 copies)

4. Transport document (if applicable) (1 copy)

5. Enterprise registration certificate (if company or factory in Lao PDR) (1 copy)

6. Food safety certificate from an export country for instance certificate of registration, free sale certificate, GHP, GMP, HACCP, ISO 22000 and other certificates (Certificate shall be English version) (2 copies).

Article 24: Procedures of transit permission

Food forwarders shall apply all document forms as prescribed at least 05 working days before transit date at the Food and Drug department or Provincial Food and Drug division which is authorized for consideration, and pay fees.

 

Section III

Inspection at Checkpoints

 

Article 25: Inspection procedures at checkpoints

When food arrives at the checkpoints, Food and Drug inspectors who take responsibility at the checkpoints shall to check food export – import and transit at the checking points in accordance with procedures on the inspection guideline. Moreover, inspectors shall coordinate with custom officers and animal health and plants inspectors at the checkpoints if necessary.

Food inspection at the checkpoints, Food and Drug inspectors shall implement:

1. Checking the validity of documents;
2. Inspection the actual food compares to documents;
3. Sampling food and test at the checking point as prescribed on the inspection guideline;
4. Signature and seal the approval on documents of export, import and transit, which reach the conditions;
5. In case of food import which needs to be stored in specific temperature, but no such facilities at the checkpoints. Thus, importers shall move and store food in appropriate locations, do not distribute or sale until Food and Drug officers and customs finish inspection within 48 hours;
6. Food which is required the additional inspection, testing and research shall be confined temporary until the results of testing and research are released;
7. If food export, Import and transit are rejected, operators shall provide reasons officially to product owners in term of acknowledge and implement the regulations as prescribed.

Food shall be import, export and transit at the international checkpoints or traditional border checkpoints as prescribed from Ministry of Health (Appendix 4).

The checkpoints of food export – import and transit shall set up the lists and coordinate with relevant sectors.

Article 26: conditional food released – off site inspection

In case of food inspection shall process the inspection in any locations where are prescribed in article 23, point No. 5. Food and Drug inspectors shall coordinate with custom officers in order to release food. The custom officers shall indicate on the food release form that food has not been inspected by the Food and Drug inspectors who work at the checkpoints, but the inspection need to be implemented at the locations where has agreed.

Food that is released conditionally shall be stored and confined, do not distribute or sale until the procedures are done.

When food has been inspected, Food and Drug inspectors, customs and importers shall to sign the inspection form together immediately.

Article 27: Labeling for food import

Food that is imported shall be labeled in Lao language in accordance with conditions asprescribed in the Decision of food labeling No. 519/MOH, dated 18 March 2009. Food that importers intend to label in Lao PDR shall complete the process of labeling within period of time as Food and Drug inspectors prescribed even in any cases.

Article 28: Operating in emergency case

Food import which has risk or seriously harmful to health, Food and Drug department or Provincial Food and Drug division shall take measures urgently by coordinating with all related sectors in order to implement measures in emergency as identified. These measures include quarantine, seizure and confiscation of suspected goods, recall and destroy.

The implementation of measures shall inform the national food safety alert system, regional (ARASFF) and international (INFOSAN), as well as export countries by telecommunications.

 

Article 29: Measures to risky food

Food which is certified as health risk, failure to meet quality standards and food safety shall be returned to export countries.

All other service costs are the responsibility of food product owners.

 

Section IV

Frequency and types of import inspection

 

Article 30: Frequency of inspection

The frequency of food import inspection is based on risk and business history of importers, and shall to comply with the content of article 6 in Decree of Food Inspection No. 297 / MOH, dated 24 February 2012.

Food that has high risk or those who are new or previously unknown shall take sample every time until meet standards as prescribed. After that transportation of goods shall take sample as usual.

The volume of sample shall implement in accordance with inspection guideline or research needed.

    Article 31: Visual inspection

Food and Drug inspectors who work at the checkpoints shall be conducted with visuality as follows:

1. Check the accuracy of documents in comparison with the actual food import:

1. The accuracy between invoice and bill, packing list and list of items, production number, actual food and source of food;
2. The accuracy between food safety certificate which is certified with the actual food import.

2. Verify the food labels which meet the requirements of food labeling or not

1. Label accuracy to food shape;
2. Production number;
3. Information which can use to recall food;
4. Name and address of manufacturers;
5. Country of origin;
6. List of food ingredients;
7. Expire date
8. Other details which are defined in the food inspection guideline.

        3. Verify the packaging materials of food shipment meet the material regulations

  Food packaging of Lao is defined in the relevant legislation including the following:

1. Check the packaging still be in the good conditions, no damage, appropriate and suitable for the products or not;
2. Check the seam and perfection of the container;
3. Any damage or deterioration;
4. Volume and types of other issues;
5. Other details as defined in the inspection guideline.

                     Section V

                                                 Recording and reporting

 Article 33: Information of export – import and transit of food

Food and Drug department shall establish a national database or documents which are related to food export - import and transit. The information which is related to food export – import and transit shall be from the Food and Drug department and Provincial Food and Drug division across country.

Information which Food and Drug inspectors at central and provincial levels need to collect and put into databases or important document systems as following:

1. Date of inspection;
2. Types of food, list, weight and value;
3. Location of production, manufacturers or suppliers in the country of origin;
4. Types of inspection as implemented;
5. Results of inspection;
6. Date of food released;
7. Date and measures taken for food testing case which is not pass;
8. Other information requires from Food and Drug department.

The summary of report that relates to information of food export – import and transit shall send to the Food and Drug department for each period.

     Article 34: Report of importers and exporters

Food importers or exporters shall report the annual plan for food import or export and half year plan of the actual food import or export to Food and Drug department or Provincial Food and Drug division as following:

1. Types of food, list, weight and value of food that is imported or exported;
2. Production number, date of production, expire date and date of import or export;
3. Vehicles, transportation (land, water or airfreight) and any import or export checkpoints;
4. Country of origin;
5. Name and address of exporters from export countries, destinations and importers in Lao PDR;
6. Manufacturers, including license number and location of production  as register already;
7. Food lists which are not pass the conditions in accordance with import regulation of Ministry of Health;
8. The summary of any circumstances which occur and measures taken on food which is unsafe for import and export;
9. Other issues that Food and Drug department might set up on any decisions and require more as necessary

 

Section VI

Rights and duties of Food and Drug inspectors at the checkpoints

Article 35: Food and Drug inspectors at the checkpoints

Food and Drug inspectors at the checkpoints shall be the Food and Drug officers who have been authorized and trained about inspection of food import – export and transit.

Article 36: Rights, duties and responsibility of Food and Drug inspectors at the checkpoints

Food and Drug inspectors at the checkpoints have rights and duties as following:

1. Check import – export and transit documents;
2. Check the actual food export – import;
3. Allow or deny export – import and transit of food;
4. Seizure or confiscate food products and food additives which do not meet food regulations of Lao PDR;
5. Collect food sample according to principles as defined.
6. Advise and warn exporters- importers and forwarders who do not meet standards;
7. Summarize the results of inspection activities of food export – import, transit and implement measures to Provincial Food and Drug division and Food and Drug department quarterly, half year and annual.
8. Coordinate with the import-export and food-related sectors;
9. Take rights and other duties as assigned by authorities.

 

Section VII

Prohibitions, Policies to outstanding individuals and Measures to violators

Category I

 

Article 37: Prohibition of food exporters – importers and forwarders

Prohibit exporters – importers and forwarders behave as following:

1. Import food which is not allowed by Food and Drug department or Provincial Food and Drug division;
2. Import food which is not inspected and allowed by Food and Drug inspectors at the checkpoints;
3. Counterfeit documents or provide fake documents;
4. Import food which does not have labeling or sticker in Lao language;
5. Import food which is nearly expired or already expired for consumption;
6. Import food which seems to against culture and custom of Lao PDR;
7. Export – import food which is on the food prohibition list;
8. Import food which does not meet quality and safety standard;
9. Sale food which is food for transit within the territory of  Lao PDR;
10. Import food which has high risk and new products which are not registered with the Food and Drug department.

Article 38: Prohibition to Food and Drug inspectors at the checkpoints

Prohibit Food and Drug inspectors at the checkpoints behave as following:

1. Food and Drug officers at the checkpoints release food export – import and transit which is not allowed by Food and Drug department or Provincial Food and Drug division;
2. Act injustice, inequity and inaccurate of law;
3. Disclose the secrete of individual, legal entity and organizations during the inspection;
4. Process the export – import and transit procedures slowly, ask for bribe, require money, abuse position, right and duty for personal gain;
5. Counterfeit documents or use fake documents or provide secrete information of individual, legal entity and organizations as not permitted;
6. Conceal, support, assist and conspire with exporters – importers and food forwarders who do not meet quality and safety standard;
7. Infringe the principles of export – import and transit inspection;
8. Behave something that breaks the law.

 

Category II

Policies to outstanding individuals and Measures to violators

Article 39: Policies to outstanding individuals

Individual, legal entity or organizations that have outstanding performance in term of implementing this Decision will be praised properly from the Ministry of Health.

Article 40: Measures to violators

Individual, legal entity or organizations that violate this Decision shall to be educated, warned, fined or punished in light or severe case as follows:

1. First violation to any articles as follows:

• Article 20 point.1 and point.2, article 24, article 25 and article 35 point. 4, point. 6 and point. 10 shall be warned and write a vow;
• Article 19 shall be warned and write a vow;
• Article 35 point. 3 shall be warned, write a vow and fined 2,500,000 LAK;
• Article 35 point. 1-2 and 5 shall be warned, write a vow, fined 5,000,000 LAK;
• Article 35 point. 7-9 shall be warned, write a vow, fined 5,000,000 LAK and confiscate goods;

2. Second violation to any articles as follows:

• Article 20 point. 1 and point. 2, article 24, article 25 and article 35 point.4, point.6 and point. 10 shall be warned, write a vow and fined 1,000,000 LAK;
• Article 19 shall be warned, write a vow and fined double value of products on the markets;
• Article 35 point.3 shall be warned, write a vow and fined 5,000,000 LAK;
•  Article 35 point. 1-2 and point.5 shall be warned, write a vow, fined 10,000,000 LAK and close business temporary around six months to one year by coordinating with related sectors;
• Article 35 point. 7-9 shall be warned, fined 10,000,000 LAK, confiscate goods and close business temporary around six months to one year by coordinating with related sectors.

3. Third violation to any articles as follows:

• Article 20 point.1 and point.2, article 24, article 25 and article 35 point.4, point.6 and point.10 shall be warned, write a vow, fined 5,000,000 LAK and close business temporary around six months to one year by coordinating with related sectors;
• Article 19 shall be warned, write a vow and fined fourth times of product value on the markets;
• Article 35 point.3 shall be warned, write a vow, fined 10,000,000 LAK and close business temporary around six months to one year by coordinating with related sectors;
• Article 35 point. 1-2 and point.5 shall be fined 15,000,000 LAK and close business permanently by coordinating with related sectors;
• Article 35 point. 7-9 shall be fined 10,000,000 LAK, confiscate goods and close business permanently by coordinating with related sectors.

Any violations which are first, second or third time if the activities cause seriously harm to health and economy, or even threat life of consumers, violators will be prosecuted in accordance with the law.

 

Article 41: Measures to Food and Drug officers at the checkpoints and all related officers

If Food and Drug inspectors at the checkpoints and all related officers infringe this Decision, they shall be educated, warned, suspended a promotion and disciplined under current governmental officer regulations.

Article 41: Suspension and revocation of export – import and transit license

Food and Drug department or Provincial Food and Drug can suspend and cancel the export – import and transit license depending on cases as follows:

1. Food import which can cause diseases or emergency shall be suspended;
2. If license holders violate the Food Law, any related regulations and this Decision, license will be cancelled;
3. If importers do not collect the import license within 90 days, import license which is certified will be cancelled;
4. Regional and international alerts on the impact or risk of food which is exported - imported and transmitted will be suspended.

 

Section VIII

Free of charges, collection of fees and complaint

Article 43: Free of charges

Ministry of health or Food and Drug inspectors at the checkpoints will not be responsible for any damage caused by seizure or confiscate of food, mandating of temporary or permanent termination of food business, any actions or decisions that are required by the Food Law or associated regulations.

Article 44: Collection of fees

Business operators of food export – import and transit shall pay for charges of export – import and transit permission, as well as charges of other services which include inspection, sampling and sample analysis, examination and the issuance of certificates as prescribed by the Edict of President.

Article 45: Complaint

Individual, legal entity or organizations which do not obtain the fairness from the operation of Food and Drug inspectors at the checkpoints, they are able to complain the issues by documents and evidences to related sectors at each level.

 

Section IX

Final Provisions

 

Article 46: Implementation

Food and Drug department is responsible for implementing and coordinating with relevant agencies in order to implement this Decision in effect.

Article 47: Effectiveness

This Decision shall be effective within 60 days after the date of signature and post on Lao official gazette.

Decision or content in this Decision, and any regulations which against to this Decision shall be rescinded

 

Minister of Public Health

Asst. Prof, Ph.D. Bounkong Sihavong