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Cambodia Enacts a New Food Safety Law

Within the last few years, the Cambodian government has been developing regulations to protect consumers’ rights. For instance, Law on Electronic Commerce (E-commerce Law) and the Law on Consumer Protection (Consumer Protection Law) was enacted in November 20219. Notably, the Law on Food Safety (Food Safety Law) was enacted on 8 June 2022 to provide health protection and food safety to the consumers and ensure an honest food business industry. The Food Safety Law broadly applies to food production and food business operators, which include (1) producers, (2) processors, (3) packagers, (4) wholesalers, (5) distributors, and (6) retailers, but exclude street food sellers (refer to the definition of the food business in the glossary of such law). However, there is no explicit exclusion of restaurants; therefore, it is advisable for restaurant owners to keep an eye open for potential requirements to be determined in relevant regulations. The Food Safety Law has 11 chapters and 43 articles, and 1 annex.

  • Chapter 1 contains general provisions on the law’s aim, purpose, and scope as briefly described above and referred to in the annex, including 35 key terms used throughout the direction.
  • Chapter 2 indicates the absolute authority in leading the Ministry of Commerce's food quality and safety management.
  • Chapter 3 sets out the requirement to establish further regulations on food technicality and fundamental quality and safety. This chapter also indicates the detailed responsibilities of the most important stakeholders – the food business operators and how to check them. The Ministry of Commerce is required to establish proper communication tools to enable the consumers to post and receive their complaints/solutions regarding food quality and safety.
  • Chapter 4 states the establishment of a food inspection system and the appointment of a food inspector. It is also worth noting that the food inspector is authorized as the judicial police to monitor the offenses determined in the law, meaning they can identify and arrest offenders for the crimes defined in this law.
  • Chapter 5 determines the requirements and obligations imposed on food imported abroad.
  • Chapter 6 gives quite broad authority to the food inspector to inspect any food selling in markets and make decisions on the measures taken against the food that does not comply with the regulations.
  • Chapter 7 has a single article requiring the food business operators to comply with the requirements stated in agreements between Cambodia and other trade partner countries. Therefore, it is advisable that food producers who intend to export their food should check applicable state agreements or documents to identify the minimum requirements to meet the export standards.
  • Chapter 8 mentioned the authorization to issue the service fee for implementing the law. However, it is unclear what kind of service is supposed to be provided and charged by the government. But according to Article 9, the food business operators are quired to obtain a permit from the regulator; therefore, it is possible to assume that such a service fee refers to the permit fee.
  • Chapter 9 sets out several penalties for non-compliance with the Food Safety Law, including disciplinary sanctions, fines, and imprisonment.
  • Chapter 10 and 11 are the final provisions.

The Food Safety Law will become effective in Phnom Penh in 10 days and in provinces 20 days after the enacted date, 8 June 2022. The food business operators are encouraged to immediately review the law to understand and prepare for the compliance requirements.

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