(Unofficial translation)

 

LAO PEOPLE’S DEMOCRATIC REPUBLIC
PEACE INDEPENDENCE DEMOCRACY UNITY PROSPERITY

Ministry of Agriculture and Forestry      

No.1893/MOAF
Vientiane Capital

on 24 SEP 2020

 

Orders

in enhancing inspection of fertilizers, pesticides and plant seeds labels

 

To:   - General Director of the Department of Agriculture;

 -   Head Division of Provincial and Vientiane Capital of Agriculture and Forestry.

  • Pursuant to the Law on Agriculture No. 01/98 NA, on 10 October 1998;
  • Pursuant to the Prime Minister's Decree No. 99/PM of the organization and operation of the Ministry of Agriculture and Forestry on 09 March 2017;
  • Pursuant to the letter of the Department of Agriculture No. 1976/DA, on 10 September 2020;
  • Pursuant to the research and request of the Department of Policy and Legislation No.0712/DPL, on 21 September 2020.

Previously, agriculture and forestry have tried to improve, implement and publish relevant laws and decrees to the public, especially, legislations of labeling fertilizer containers, pesticides and plant seeds, including manual guidelines. However, as the actual inspection by the authorities reported that there were incorrect labels such as there was not Lao, information and using guidelines on the labels. This is means there will be more risks and dangers to humans, animals and the environment.

In addressing the threats and ensuring acknowledgment on the fertilizers, pesticides and plant seeds, regarding the types, techniques used and safety first.

The Minister of Agriculture and Forestry issued an Order:

1. The Provincial and Vientiane Capital Agriculture and Forestry Division shall be in charge of inspecting and advising that the entrepreneurs of fertilizers, pesticides and plant seeds should pay attention to the proper labeling as follows:

1.1 Production or import for distribution must be labeled in Lao or in a case that the distributors wish to content a foreign language that should have both Lao and foreign languages which under the approval of the Department of Agriculture on the basis of the following conditions:

  • The Lao labels must be translated exactly to the original texts;
  • The printing on the container must be clear and easy to read;
  • The size of the label must cover three-fourths of the container area;
  • Containers in sacks or bags must be printed on both sides. If the containers are bottles or glass, it should be printed as paper stickers, in a case, it cannot be printed in a bottle or bags that must have a label attaches to the container.

1.2 The purpose of doing research, pest control, support activities that are subject to investment promotion policies as mention in Article 1.1 of this Order shall be exempted, however, it is required to provide the importer's name, address, contact numbers. In addition, fertilizer/pesticides/plant seeds’ license numbers should be shown on the containers and labels with a specific text “Do not sell”.

2. The Provincial and Vientiane Capital  of Agriculture and Forestry Division shall supervise the Agriculture sector, District Agriculture and Forestry Office and the Plant Quarantine Checkpoint to pay attention to the labeling and inventory of production factors within the scope of their responsibilities as follows:

2.1 Import and distribution of fertilizers, pesticides and plant seeds should be checked the labeling in Lao whether it is matching to the labels in accordance with the approval of the Department of Agriculture and take strict measures against violators such as:

  • Import smuggling;
  • Disposal by transferring the from the original container to another container or by re-packaging;
  • Sells and use of transport vehicles, distribution or reckless use;
  • Modifying the contents of the label, such as cutting or adding other information without permission, such as the words "dangerous", "safe", "non-toxic", "not poisonous", "cane danger". "Non-hazardous", "organic", "high productivity", "good profit" or other words that impersonate research results or use scientific terms beyond reality;
  • Sells and distribution of fertilizers, pesticides and plant seeds that are permitted for investment promotion activities that do not comply with the licensing conditions as specified in Article 1.2 of this Order.

3. When authorities inspected and found any fertilizers, pesticides and plants seeds unlabeled or the labeling is not in accordance with the conditions specified in Article 1 of this Order, the suspicious objects shall be confined to a certain area in order to inspect and verify the certification and technical registration documents. The Provincial and Vientiane Capital of the Agriculture and Forestry Division shall take measures against violators in each case as follows:

3.1 The first offense shall be warned, educated, recorded and signed to acknowledge the violation as well as determine joint remedial action. In the absence of certification and registration documents, samples must be extended and submitted to the Department of Agriculture for analysis on the quality and safety of fertilizers, pesticides and plants seeds, with the violator responsible for all costs;

3.2 The second offense will result in confiscation of production and be fined for one time of the value of fertilizers, pesticides and plant seeds, as well as suspension of registration of fertilizers, pesticides and plant seeds until the amendment is made in accordance with the instructions in the records of the authorities;

3.3 The third offense will result in confiscation of production and be fined of one time of the value of fertilizers, pesticides and plant seeds, as well as the suspension of registration of fertilizers, pesticides and plant seeds.

4. The Provincial and Vientiane Capital of the Agriculture and Forestry Division shall expedite the publication of this Order to the authorities who inspect the pesticides, the importers, import checkpoints and the relevant parties in a comprehensive manner and strictly implement. The Ministry of Agriculture and Forestry will be informed on a regular basis through the implementation of the advantages and disadvantages in order to find a solution in a timely manner.

5. This Order is effective from the date of signing and has been posted on the Lao Official Gazette for fifteen days.

Minister

Dr. Lien Thikeo

 

Measures / Standards
# Name Type Agency Description Law Valid To Apply To
1 Labelling requirement - Fertilizer TBT Ministry of Agriculture and Forestry To import fertilizer, it must be labelled in Lao language with indicated details and information.
  1. Decision of Minister on Fertilizer Management in Lao PDR No. 2169/MAF, dated 24 October 2013.
  2. Ministerial Ordinance on the Enhancing of the Inspection of Fertilizer, Pesticide and Plant Seeds Labelling No. 1893/MAF, dated September 24, 2020.
9999-12-31 ALL
2 Labeling Requirement - Import of Plant Seeds SPS Ministry of Agriculture and Forestry labels such as images, messages or text in Lao and foreign languages to show and indicate the types and names of seeds, plant, germination, moisture, purity, weight, expiration and planting guidelines
  1. Decree on Plant Variety, No. 238/GoL, dated 18 May 2020
  2. Ministerial Ordinance on the Enhancing of the Inspection of Fertilizer, Pesticide and Plant Seeds Labelling No. 1893/MAF, dated September 24, 2020.
9999-12-31 ALL
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