3.86.  The Plant Protection Division of the Department of Agriculture (DOA), the Department of Fisheries (DOF), and the Livestock Breeding and Veterinary Department (LBVD) of the MOALI are responsible for SPS measures, and the Department of FDA of the Ministry of Health and Sports is responsible for food safety. SPS-related standards follow those of Codex, the International Plant Protection Convention (IPPC), ASEAN, and the OIE. Myanmar adopted Codex maximum residue limits (MRLs) and ASEAN MRLs, as interim measures, according to the FDA. To date, seven SPS standards have been adopted based on Codex Alimentarius standards.[96] The Plant Protection Division under the DOA is the WTO SPS National Enquiry Point. During the review period, Myanmar notified its SPS measures to the WTO.[97]

3.87.  The main legislation covering SPS measures are the Animal Health and Development Law, 2020 (adopted on 26 August 2020), the Plant Pest Quarantine Law, 1993, and the National Food Law, as amended in 2013. The LBVD oversees animal-related SPS measures; the Plant Protection Division of the DOA oversees plant-related SPS measures; the DOF oversees fish-related SPS measures; and the FDA oversees the ready-to-eat food-related SPS measures

3.88.  In accordance with the Animal Health and Development Law, 2020, the LBVD establishes regulations and procedures, and takes SPS measures on exportation and importation of animals, animal products, and animal feed. Import recommendations are required to import live animals, animal products, animal feed, and veterinary drugs; export recommendations and health certificates are required to export animals, animal products, and animal feed.[98] Traders must follow the procedures stipulated in the Regulations for Importation and Exportation of Animal and Animal Products, 2017. The LBVD administers six checkpoints and five quarantine stations, located at international airports, seaports, and border entry/exit points. It may take up to 23 days to issue import/export recommendations, depending on the types of commodities and testing methods. As stipulated in the Plant Pest Quarantine Law, 1993, the Plant Protection Division issues certificates for imports and exports of plants and plant products; they are issued in the Yangon head office and at the inspection stations at 12 border entry points. It takes 24 working hours (three days) to issue the certificates

3.89.  SPS-related certificates are mandatory for imports and exports of: (i) processed food (FDA); (ii) live animals, animal products, unprocessed meat/meat products, animal feed, and veterinary pharmaceuticals (LBVD); (iii) fisheries (DOF); (iv) pharmaceuticals (FDA)[99]; (v) pesticides (DOA); and (vi) testing of grains (generally for export) and edible oils (mainly for import) (Commodity Testing and Quality Management, formerly known as the Post-Harvest Technology Application Centre of the Department of Consumer Affairs). Myanmar has 15 ISO/IEC laboratories, including 8 ISO/IEC 17025 accredited laboratories (one run by the MOALI, five by the FDA under the Ministry of Health and Sports, one by the DRI under the Ministry of Education, and one by the Myanmar Food Processors and Exporters Association under the UMFCCI)

3.90.  The National Seed Policy was adopted by Order No. t/2016 of the MOALI on 12 August 2016, and went into force on 12 August 2016. Chapter 6, subtitle (d), states that "[t]he Government will investigate, in collaboration with its development partners, the applicability of relevant aspects of GMO technology to Myanmar to derive desired benefits. However, it will remain alive to possible negative side effects of GMO technology and encourage the research institution to acquire expertise and skills in practices of modern biotechnology, particularly with regard to bio-safety in the application of GMO technology. Only non-food GMO crops will be partially accepted."[100] Accordingly, GMO imports are allowed only for research purposes

3.91.  The Seed Law 2011 was amended by Pyidaungsu Hluttaw Law No. 5 on 18 February 2015. The National Seed-related Committee (NSC) and the Technical Seed Committee were established on 5 October 2015 and 19 February 2016, respectively, to carry out the requirements under the Seed Law. The NSC was set up to issue recognition certificates for new plant varieties, establish seed-testing laboratories, and issue seed business licences and Seed Import and Export cases. According to Chapter 6, subtitle (d), of the Policy, the NSC does not accept applications for GMO crops that are intended for food crops. The NSC may accept non-food GMO crops, such as BT cotton (GMO cotton), which is intended for industrial crops. The Horticulture and Plant Biotechnology Division under the DOA of the MOALI is the focal division responsible for drawing up a Biosafety Law, a framework, and Guidelines to sow GMO crops systematically. The Plant Biotechnology Centre under the Division tests GMO and non-GMO imported crops, and issues GMO or non-GMO certificates. This certificate is essential for obtaining the recognition certificate for a new plant variety from the NSC

3.92.  On 17 January 2020, Myanmar and China concluded an MOU on the Inspection and SPS Arrangements on Rice and Broken Rice, which is valid for two years.[101]

3.76.  The Law on Standardization was promulgated on 3 July 2014, and is currently being amended. A draft Law on Metrology will be submitted to Parliament. The Government is drafting a Developing National Standardization Strategy and a National Quality Policy. During the review period, Myanmar made several notifications to the WTO TBT Committee (Table 2.2)

3.77.  Under the provisions of the Science, Technology and Innovation Law, 2018, the Ministry of Education is responsible for standards and conformity assessment. The Department of Food and Drug Administration (FDA) of the Ministry of Health and Sports is responsible for promulgating and enforcing regulations and standards in the food and pharmaceutical industries (including imports), and the Department of Traditional Medicine is responsible for promulgating and enforcing those in traditional medicine formulations. The Ministry of Health and Sports is responsible for the National Drug Law, the Traditional Drug Law, and the National Food Law. The Livestock Breeding and Veterinary Department is responsible for the Animal Health and Development Law, 2020, and the Department of Fisheries (DOF) is responsible for the Technical Regulations (Directive 8/2018) and the Directive for Food Safety Control (Directive 3/2009). In 2015, the new National Standards and Quality Department (NSQD) was established under the Department of Research and Innovation (DRI) of the Ministry of Education. The NSQD is the WTO TBT National Enquiry Point. It is formulating two laws concerning national quality infrastructure: the Law on Standardization, and the Law on Metrology. The Accreditation Division (Myanmar Accreditation Body (MAB)), which is part of the NSQD, is the responsible authority for the Accreditation of Conformity Assessment Bodies, and processes accreditations to comply with the requirements of ISO/IEC 17011

3.78.  Under the Law on Standardization, the National Standards Council was formed on 29 December 2014.[90] Under the Council, the Standardization Working Committee was formed with 20 members under Order No. 264/2015 of the former Ministry of Science and Technology, issued on 23 June 2015. The Council's functions include: (i) establishing policies and guidance for implementing the Law; (ii) prescribing Myanmar Standards by accepting appropriate international, regional, and foreign standards, or by altering them to conform with the situation in Myanmar; (iii) prescribing Myanmar Standards for raw materials, equipment, products, processes, methods of experiment, production, and servicing; (iv) prescribing Myanmar Standards for import goods and export goods; (v) prescribing mandatory Myanmar Standards; (vi) applying Myanmar Standards to the relevant production and service; (vii) directing the Committee to examine whether or not the department or organization obtained the right to use the standardization mark prescribed in the Law, and complied with the stipulations contained in the relevant standard; (viii) prescribing terms and conditions relating to accreditation and certification; (ix) deciding on the Committee's submissions relating to accreditation and certification; (x) confirming standardization marks of each category of certificate be issued by the department or organization that obtains the accreditation; (xi) directing the Committee to carry out requirements relating to legal metrology; (xii) issuing a warning to, suspending for a limited period, or cancelling the accreditation of the relevant department, organization, or person that violates any condition of the accreditation; and (xiii) submitting the matter of national standardization and funding to the Cabinet

3.79.  According to the authorities, Myanmar's adopted standards and technical regulations are based on international ones. Food standards are adopted from the Codex; fishery standards are based on EU regulations; pharmaceutical standards and regulations are based on British International Standards; and animal-health standards are recognized by the World Organisation for Animal Health (OIE). Electrical standards are based on the International Electrotechnical Commission (IEC) standards; motor vehicles follow the standards established by the United Nations Economic Commissions for Europe; telecommunications equipment and facilities follow ITU standards; and building standards are based on ISO and ASEAN standards. Myanmar has been a party to the ASEAN Consultative Committee for Standards and Quality since 1997; it joined ISO on 1 July 2005 as a correspondence member, and IEC on 13 November 2007 as an Affiliate Member. The NSQD adopted some ASEAN Harmonized Standards concerning, inter alia, rubber, electrical and electronic equipment, medical devices, automotive equipment, and conformity assessments. By the end of September 2020, 439 Myanmar Standards were established, by the adoption of ISO, IEC, Codex, UNECE, ITU, American Society for Testing and Materials (ASTM), JIS, WHO, FIPO Guidelines, ASEAN Harmonized, or other regional standards.[91]

3.80.  The process of formulating standards occurs in six stages: (i) proposal; (ii) preparatory; (iii) committee; (iv) enquiry; (v) approval; and (vi) publication. Through these stages, standards are set under 25 Standardization Technical Sub-Committees[92], whose members are stakeholders from the UMFCCI, the Attorney Generals Office, public organizations, universities, and businesses. There is a two-month "notice and comment" period before a standard is accepted. In order to turn voluntary standards into mandatory standards, the regulatory bodies (the responsible ministries for enforcement) need to adopt them in their regulations

3.81.  The National Food Law, as amended in 2013, covers food-related technical regulations. A new Food Law is being drafted. The Cosmetic Order (1/2010) contains some technical regulations that comply with the ASEAN Cosmetic Directive; the authorities are preparing the Cosmetic Law

3.82.  The DRI signed an MOU with the ASTM in 2016. In 2020, the following were adopted as Myanmar Standards: standards concerning Portland cement; the standard specification for deformed and plain carbon steel bars for concrete reinforcement; standard test methods for fineness of hydraulic cement by air permeability apparatus; standard test methods for time of setting of hydraulic cement by vicat needle; and standard test methods for compressive strength of hydraulic cement mortars

3.83.  Nine testing laboratories are accredited in accordance with the Law on Standardization: four by the MAB, and five by foreign accreditation bodies.[93] No foreign testing laboratories have been accredited, and no accredited certification body exists. Since September 2017, the MAB has cooperated with the Singapore Accreditation Council (SAC) and shared knowledge among stakeholders. After conducting joint assessments with the SAC, the MAB granted accreditation certificates to the FDA, the Building Research Laboratories of the Department of Building of the Ministry of Construction, and the Food Industries Development Supporting Laboratory of the UMFCCI. It also granted one to the REM-UAE laboratory, after conducting a joint assessment with Thailand's BLA-DSS Accreditation Body. The MAB is setting up the Accreditation Action Plan (2020‑25) to develop National Quality Infrastructure

3.84.  A labelling requirement was issued on 3 December 2019 and stipulated in Chapter 18 of the Consumer Protection Law, 2019 (Section 3.3.6), and in Directive No. 2/2019 (Directive on Labelling), describing eight consumer product groups.[94] It requires that businesses must label all consumer goods in Myanmar language (or Myanmar language in conjunction with one or more other languages). The Law requires that, depending on the product, the following may need to be labelled: (i) the trademark; (ii) the type, size, quantity, and net amount; storage guidelines; and usage instructions; (iii) the manufacturing date; (iv) the address of the importer; the name and address of the manufacturer; (v) the origin of manufacturing or the repackaging address of imported goods; (vi) the ingredients, and their quantity and ratio; (vii) any precautions or warnings about allergies and side effects; and (viii) any information prescribed by relevant government departments

3.85.  As stipulated by the National Food Law and the National Drug Law, food and pharmaceuticals must be labelled.[95] Genetically modified food is subject to labelling requirements. In accordance with the Cosmetic Order (1/2010), the following must appear on cosmetics labels (regardless of whether the product is imported or domestically produced): (i) the name of the product and brand name; (ii) the full ingredient list; (iii) the name of the company and country of manufacture; (iv) the contents given by weight or volume; (v) the manufacturers batch number; (vi) the manufacturing and expiry dates; and (vii) the registration number from the country of origin (manufacture) or registration. The conditions of and instructions for use, and special warnings and precautions, should be detailed. The Food Labelling regulation (in the form of an order) is being drafted; it is to apply to pre-packaged food for import/export and locally produced food, based on the Codex General Standard for the Labelling of Prepackaged Foods (CXS 1-1985), revised 2018. Per the National Drug Law, the labelling details are stipulated in Notification No. 7/93 of the Ministry of Health, issued on 5 August 1993