On 9 May 2024, the Department of Food and Drug Administration (“FDA“) under the Ministry of Health announced a “Food Product Notification” (“Announcement“) following the 2022 “Labeling Order for Pre-packaged Foods” (“Order“). A recap of the Order is provided in subsequent paragraphs. The Announcement aims to ensure proper food registration and assign food product codes to labels. Key points include:

Mandatory Registration: All pre-packaged foods must apply for registration and obtain a Food Product Code to be displayed on labels, ensuring consumer safety and traceability.

Business Benefits: For food businesses, displaying a Food Product Code enhances product reputation, facilitates international market entry, and aids consumers in tracing food safety. It also allows Food and Drug Supervisory Committees to take swift action if risks arise.

Voluntary Phase: The food registration system (Food Product Notification System) will be voluntary during the initial education period. Following this phase, an adjustment period will be established, and legal action for non-compliance will be taken per the Order.

Application Requirements: The Announcement details the requirements for applying for food product registration (Food Product Notification), including information such as food type, brand, net weight, packaging, manufacturer information, and certification documents to be submitted via E-submission.

Eligibility: All labelled pre-packaged foods and food products eligible for market expansion after receiving domestic food product certification must apply for a Food Product Code through the FDA’s manual system.

Exemptions: Food items exempt from a separate application include food products requiring application for food production certification through E-submission and those requiring import certification. Additionally, food products with existing domestic food production certification and those with import certification are also exempt.

Labeling Requirements: During the food product registration process, a Product Code will be assigned based on the type of food. This code must then be displayed on the packaging label. If an import certificate is obtained, the import certificate number (IR Product Code) must also be displayed on the packaging label. Similarly, if a domestic food production certificate is received, the product serial number must also be displayed on the packaging label.

Application Date: Food industries can apply for food product notification starting from 9 May 2024 through the FDA website, www.fda.gov.mm, using the e-Submission System, including an electronic payment (e-Payment) of 10,000 MMK.

A Recap of Labeling Order for Pre-packaged Foods (“Order”)

On 20 January 2022, the FDA  issued Notification No. 8/2022, introducing the “Labeling Order for Pre-packaged Foods.” This mandate requires the labelling of food products and the assignment of a food product code to labels. To understand the labelling requirement, please refer to DFDL’s write-up on the following hyperlink: Labeling Order and Rules for Pre-packaged Food.

The Announcement introduced measures to enhance food safety and traceability in Myanmar. Implementing the Food Product Notification system and strict labelling guidelines benefits consumers and businesses. Adherence to these regulations is crucial to avoid legal repercussions outlined in the previous Labeling Order. Compliance fosters a safer food market, building consumer trust and opening doors to international trade.

The information provided here is for information purposes only and is not intended to constitute legal advice. Legal advice should be obtained from qualified legal counsel for all specific situations.