3.100.  At the time of its accession, Lao PDR stated that the country's legal framework on food safety, animal and plant health would be fully implemented by 1 January 2015. This has been done

3.89.  The main pieces of legislation covering the SPS regime are: the Food Law No. 04/NA, 15 May 2004, amended in 2013; the Livestock Production and Veterinary Law No. 03/NA, 25 July 2008; the Law on Plant Protection and Quarantine (Amended), No. 13/NA, 15 November 2016; Law No. 03/NA on Fisheries, 9 July 2009; Law No. 01/98NA on Agriculture, 10 October 1998; the National Policy on Food Safety No. 028/PM, 3 February 2009; Decree No. 228/GoL on Animal Disease Control and Prevention, 31 May 2012; Decree No. 229/GoL on Implementing Plant Protection Law, 31 May 2012; Decree No. 230/GoL on the Control of the Movement of Animals, Animal Product and Related Item, 4 June 2012; Decree No. 363/PM on Notification and Enquiry of Trade Related Information, 19 August 2010; Ministerial Regulations No. 0719/MAF on the Management and Use of Planting Material and Seeds in Lao PDR, 3 December 1997; Technical Norms No. 0313/MAF on Livestock Management in Lao PDR, 21 January 2000; Regulation No. 586/MOH on the Control on Production, Exported‑Imported Safe Food, 12 May 2006; Regulation No. 518/MOH on the Basic Principles in the Application of Sanitary and Technical Measures for the Food Safety Management, 18 March 2009; Ministerial Decision No. 2860/MAF on Control of Pesticides in Lao PDR, 11 June 2010; Ministerial Decision No. 0870/MAF on Animal Slaughtering and Animal Products, 18 March 2011; Ministerial Decision No. 605/MOH on Adopting Codex Alimentarius Standards as Priorities, 27 April 2011; Regulation No. 0039/MAF on Principles in the Application of SPS Measures in Plant and Animal Administration, 11 January 2012; and Decision No. 297/MOH on Food Inspection, 24 February 2012.[143]

3.90.  Responsibility for the implementation of the above legislation lies with the MAF[144] and the MoH.[145] The implementation of food safety and animal and plant health policies is carried out by provincial and local authorities in the 16 provinces and in Vientiane Capital, by the provincial Health Offices and the provincial Agriculture and Forestry Offices. The MoH is responsible for food safety for human consumption, except for fresh produce and feed, which come under the responsibility of MAF (Food Law, 2013 Article 40). Lao PDR has designated the Division of Agriculture and Forestry in the Ministry of Agriculture and Forestry as the SPS enquiry point, while the Multilateral Trade Policy Division in the MoIC is the notification authority

3.91.  According to the authorities, with regards to food safety and animal and plant health, the basic principles of the SPS Agreement, such as necessity, non-discrimination, transparency, science‑based regulations, risk assessment, harmonization, and equivalence, have been incorporated in national laws and regulations. Furthermore, as a member of the World Health Organization (WHO), the Codex Alimentarius Commission, the World Organisation for Animal Health (OIE), and the International Plant Protection Convention (IPPC), Lao PDR's National Policy on Food Safety No. 028/PMO adheres to the standards, guidelines and recommendations developed by these organizations, and complies with the SPS and TBT Agreements. In addition, key components of the Policy include the implementation of food safety through laws, regulations and standards; the use of risk analysis (with stakeholder participation limited to risk communication and risk assessment where data is accessible for an objective science-based evaluation of risk); the adoption of an Integrated Food Chain Approach; the promotion of greater international cooperation in the area of food safety; and the strengthening of human and institutional capacities. Specific regulations are in place for the production, import and export of safe food, for the labelling of pre-packaged food, for food additives, and for bottled drinking water. The FDD also developed the Manual on Good Manufacturing Practices (GMPs) and Hazard Analysis and Critical Control Points (HACCP), and a specific GMP for drinking-water processing

3.92.  Codex standards apply to both imported and domestically-produced goods, and full implementation of them took place at the end of the transition period (1 January 2015)

3.93.  At the time of its accession, Lao PDR was seeking technical assistance to develop a risk assessment methodology. Lao PDR would ensure adequate participation of stakeholders in the risk analysis process through a rapid alert system within ASEAN, the INFOSAN network of the WHO, and the operation of the SPS and TBT Notification Unit and the SPS Enquiry Point. In the absence of national standards, Codex standards are applicable with respect to, inter alia, food residues and contaminants, and substances such as sweeteners, colorants, and preservatives. Furthermore, Lao PDR accepts the standards and certification of countries that have adopted Codex standards. As such, the SPS certification of such countries is accepted by Lao PDR. Additionally, Lao PDR's general policy follows international standards and guidelines, and applies Codex as the minimum required standard. However, where a country adopts different standards, scientific justification for these is required. To check for compliance with Codex standards, Lao PDR follows the SPS Committee Decision on Equivalence[146] in addition to the provisions of Article 4 of the SPS Agreement and Guidelines on the Judgement of the Equivalences of Sanitary Measures Associated with the Food Inspection and Certification Systems (CAC/GL 53‑2003). Applications of GMPs and HACCP or HACCP‑like system are also considered in the assessment process. With a view to ensuring quality, effectiveness, and safety aimed at protecting consumers' health, the authorities amended the Food Law and notified this to the WTO.[147] The Law defines principles, regulations and measures on the management, monitoring and inspection of food and food business

3.94.  For imported food products, the documents required are: Certificate of Analysis (COA), Health Certificate (HC), GMP Certificate, and HACCP Certificate, issued by the competent authority of the exporting country or by a private party that is accredited or endorsed by the competent authority. Testing samples are also required. For domestically‑produced products, national standards based on Codex standards, guidelines and recommendations must be adhered to. Furthermore, domestic producers are required to prove compliance every 180 days through testing analysis.[148] The procedures for food inspection for imported goods and domestic production are defined in Decision No. 297/MOH on Food Inspection. Under the Decision, the same risk assessment-based inspection procedures apply to both imported and domestically-produced products, and a risk assessment system, with all food products categorized according to their risk levels, is in place. This implies that the frequency of inspection is defined by three food risk categories: A high-risk foods; B medium‑risk foods; and C low-risk foods. High-risk foods are subject to more frequent inspections. Consignments accompanied by HCs issued by competent authorities of exporting countries and test reports from accredited laboratories in exporting countries are subject to a lower frequency of inspections. The Codex General Guidelines on Sampling are incorporated into the Decision. Alternatives to certification are considered wherever possible, in particular where the inspection system and requirements of an exporting country are assessed as being equivalent to those of Lao PDR. Bilateral or multilateral agreements, such as MRAs or pre-certification agreements, also allow for dispensing with certification and/or the issuance of certificates. Lao PDR notified to the WTO the Decision on Food Export-Import and Transit.[149] Under the Decision, for the import or transit of food, all food businesses are required to provide relevant documents by submitting them to the FDD or the Food and Drug Authority in any province at least five working days prior to the actual importation or transit. Imports of product containing genetically modified organisms (GMOs) is allowed, as long as this information is clearly stated on the product label

3.95.  With respect to animal health, the Law on Livestock Production and Veterinary Matters and the Law on Fisheries provide general provisions for animal quarantine. Additionally, the Ministerial Decision on Animal Slaughtering and Animal Products, the Decree on the Control of the Movement of Animals, Animal Products and Related Items, and the Decree on Animal Disease Control and Prevention incorporate the key SPS principles, including transparency requirements, which require all proposed regulations to be notified and published before their adoption and enforcement. On the determination of affected regions, Lao PDR strictly follows OIE standards, guidelines and recommendations. The Decree on Animal Disease Control and Prevention addresses the principle of regionalization, including the establishment of a framework for disease-free and pest-free or low pest or low disease areas. However, Lao PDR does not have any quarantine facilities at the border checkpoints, due to financial and human resource constraints. At the checkpoints, importers are required to provide relevant documents, and are subject to physical inspections. Lao PDR, therefore, relies on exporting countries to undertake quarantine inspections on a case-by-case basis

3.96.  Lao PDR does not have a specific policy on Bovine Spongiform Encephalopathy (BSE). Disease control policies are generally developed on a case-by-case basis. In case of an outbreak of BSE, Lao PDR follows the OIE recommendations and guidelines when taking BSE quarantine measures and/or imposing trade restrictions. Regarding the policy on pathogen-reduction treatments (PRTs), Lao PDR allows the use of PRT on poultry to reduce contamination by salmonella. At present, there are no specific restrictions on the use of PRTs. Lao PDR generally follows OIE recommended practices on salmonella control. It temporarily suspended the import of pork and pork products from China due to an outbreak of African Swine Fever (ASF) in Liaoning province, in line with OIE recommendations, and notified this to the WTO.[150]

3.97.  The amended Law on Plant Protection and Quarantine, and its implementing regulation, the Decree on Implementing Plant Protection Law, address plant health. The legislation incorporates guidelines on plant inspection and certification; and the principle of the establishment of a framework for disease-free and pest-free or low pest or low disease areas. Lao PDR follows IPPC guidelines in the implementation of SPS measures. Plant inspection is conducted to analyse the quality of plants and the existence of any chemical residues, pests and diseases, in order to ensure safety for plant health and consumption. Lao PDR does not require plant inspection for imported plants. However, an importer must provide plant HCs issued by a competent body of the exporting country. The Decision on Control of Pesticides in Lao PDR covers: (i) registration of pesticides; (ii) management of the production, import, export, distribution, transportation, storage and transit of pesticides; (iii) use and disposal of pesticides; (iv) packaging, labelling and advertising of pesticides; and (v) management and inspection of pesticides. Furthermore, Lao PDR follows Codex standards in setting and testing maximum residue levels (MRLs). Under the Decision, an import permit from the Department of Agriculture (or the Agriculture and Forestry Office in the provinces and Vientiane Capital) is required for each shipment of pesticides, for monitoring purposes. Prior registration of pesticides with the Department or Office is also required, except for botanical pesticides not packed for sale; and pesticides imported for the purposes of research, trial or exhibition, under the condition of getting provisional registration from the agriculture authorities. The registration is valid for two years

3.98.  At the time of its accession, on account of the rudimentary nature of its SPS regime, Lao PDR was receiving technical assistance. The MAF, in collaboration with the MoH and the MOST, received technical assistance from the Trade Development Facility under a multi‑donor trust fund. The key components of the project were (i) strengthening the SPS institutional, legal and regulatory framework; (ii) determining risk‑based policies and control measures for SPS; and (iii) strengthening the role of the private sector in the SPS regime

3.99.  The Decree on Notification and Enquiry of Trade Related Information requires that, before adoption of any SPS measures, all interested parties, both domestic and foreign, are given 60 days for comments on the draft measures. It also requires that all adopted SPS measures be published 180 days before their enforcement, except in urgent circumstances. Lao PDR publishes all SPS‑related laws and regulations, including SPS-related import conditions, on the Lao PDR Trade Portal (www.laotradeportal.gov.la), although most of these are only in the local language