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

3.70.  The main legislation governing standards and technical regulations is the Law on Standardization, 2014, which is administered by the Ministry of Science and Technology (MOST). The MOST is mandated to: research strategies, policy plans, laws, regulations and plans relating to standardization, and propose them to the Government for consideration; issue regulations, decisions, orders and instructions on standardization; build technical infrastructure for testing and quality certification; manage and conduct market surveillance of products and goods in the market, to check for compliance with the laws and regulations; establish a database and information management system and disseminate information for public awareness on standardization; supervise the implementation of standardization throughout the country; organize registration and provide services relating to standardization; issue, suspend or withdraw certificates relating to standardization; consider and resolve appeals relating to standardization; strengthen capacity building for public and private employees on standardization; coordinate with concerned sectors and local authorities regarding the implementation and management of standardization; take responsibility for international cooperation on standardization; and summarize and report regularly to the Government on standards implementation. The MOST is also the National Enquiry Point for Lao PDR, while the Foreign Trade Department in the MoIC is the notification authority

3.71.  Lao PDR became a signatory to the ASEAN Consultative Committee on Standards and Quality (ACCSQ) in 1998, and joined the International Organization for Standardization (ISO) in January 2007. It also became a signatory to the International Electrotechnical Commission Asia‑Pacific Regional Centre (IEC-APRC) Affiliate Country Programme in 2002, and is preparing to become a member of the Asia Pacific Legal Metrology Forum (APLMF). It joined the ASEAN mutual recognition agreement (MRA) for Electrical and Electronic Equipment in 2002. Standards development

3.72.  To develop a standard, any individual, legal entity or organization, jointly with the National Standard Council (NSC), submits a proposal to the MOST. The latter considers the proposal for developing a Lao Standard based on: science and technology and meeting socio-economic development needs; comparison with foreign, regional and international standards, to ensure that it is consistent with the characteristics and actual situation of the country, and ensure conformity with foreign, regional and international standards; and ensuring consistency with the laws and regulations of Lao PDR, and international agreements and treaties to which Lao PDR is a party

3.73.  If the proposal is approved, the MOST designates the relevant National Technical Committee to draft the standard. The Committee researches and drafts the Lao Standard in cooperation with the proposing body, the suppliers, and consumers. The Committee is required to post the draft Standard on the website of the MOST and other printed media for at least 60 days, for public comment. The Committee then reviews and improves the draft Standard based on reasonable technical recommendations. It submits it to the NSC for consideration and adoption. The NSC, which is under the MOST, comprises representatives from the Government and the private sector. It examines proposed the new standard or technical regulation, which has been examined and considered in specific technical committees.[139] The Lao Standard is adopted in principle by the NSC only if two thirds of the NSC members attend the meeting. The NSC submits the Standard to the MOST for official adoption and promulgation. Approved technical regulations, standards, or conformity assessment procedures are published in the Official Gazette and other media

3.74.  Lao PDR mainly uses the ISO/IEC Guides 21-1 and 21-2:2005 as the national guide to adopting international standards as national standards or technical regulations. Presently, there are 441 Lao PDR national standards, mainly on foods, electrical appliances, and test methods[140], of which none have been adopted as technical regulations. Most Lao PDR standards are aligned with international standards. The authorities stated that implementation remains a key issue. Conformity assessment and product certification

3.75.  The Department of Standardization and Metrology (DOSM) is a governmental body under the MOST, established by Ministerial Decree #0836 /MST on 21 December 2011. The DOSM is the country's leading authority on standardization, metrology, accreditation, conformity assessment and related activities. It is committed to tackling the technical challenges of developing a national quality infrastructure that is based on international standards and conformity assessment procedures. It plans to promote the adoption and implementation of international standards to take advantage of export opportunities within ASEAN countries in the short and medium term, and within WTO Member countries in the long term, as well as supporting domestic industry.[141] The work of the DOSM covers a broad scope of issues, from product safety to safety of construction materials, chemical products, electric and electronic products, and toys

3.76.  According to the authorities, Lao PDR recognizes the results of conformity assessment conducted by the relevant bodies in exporting countries if they are similar to Lao technical regulations and standards, including for construction materials, textiles and chemicals (Regulation No. 1226/PMO‑NAST on Quality Inspection of Goods). The quality attestation should be accompanied by a certificate from a testing laboratory accredited by the national standardization body in the exporting country. Furthermore, in practice, goods meeting international standards, such as those established by the ISO and the IEC, are cleared for import. Lao PDR also implements MRAs on conformity assessment through recognizing test reports issued by testing laboratories accredited by the National Accreditation Bodies of ASEAN members that are signatories to the MRAs of the International Laboratory Accreditation Cooperation (ILAC). Lao PDR has requested technical assistance to build capacity and fully establish the basis to assess equivalence

3.77.  The authorities stated that Lao PDR's long-term goal is to participate in MRAs of the ILAC and the International Accreditation Forum (IAF)

3.78.  Chapter 2 of the Law on Standardization addresses conformity assessment. Under the provisions of the Law, a self-declared conformity assessment is carried out by the supplier or the manufacturer, and is commonly known as First-party conformance; Second-party conformity assessment is carried out by a purchaser or legal entity, with the supplier's consent; Third-party conformity assessment is carried out by an independent entity or organization that is not the supplier, the producer or the user of the product or service. Assessment of conformity for standards is on a voluntary basis, while that for technical regulations is on a compulsory basis under the direction of the relevant government authority using accredited laboratories where required; if the supplier/manufacturer is not satisfied, the determinations related to conformity assessment can be appealed to the MOST and, if unresolved, may be submitted to the courts for review. Under the Law, conformity assessment must comply with MRAs, multilateral agreements, international agreements and treaties to which Lao PDR is a party

3.79.  The National Accreditation Bureau (LNAB), which is a part of the DOSM, is the major accreditation body in Lao PDR. It comprises members from relevant ministries and sectors, such as: the MoIC, the MoH, the MAF, the MPWT, the LNCCI, and individuals and other legal entities that have specific competencies. Responsibilities of the LNAB include: providing formal recognition of technical competence in accordance with international accreditation standards, procedures and guidelines to testing and calibration laboratories, quality management certification bodies, inspection bodies and proficiency testing bodies; complying with ISO/IEC 17011; and providing accreditation services for the accreditation of laboratories, certification and inspection bodies in accordance with the appropriate international ISO/IEC standards and guidance documents issued by the ILAC and the IAF. It is also responsible for: developing regulations, instructions and other documents regarding the conditions for granting and maintaining accreditation; participating in regional and international conformity assessment bodies and producing guides and recommendations for conformity assessment procedures in the Lao PDR; and entering into negotiations with regional and international accreditation bodies to conclude agreements for the mutual recognition and acceptance of each other's conformity assessment procedures

3.80.  The LNAB is also mandated to: monitor and inspect accredited laboratories, inspection bodies, and conformity assessment and certification bodies, in compliance with international standards and practices; suspend, withdraw or cancel accreditation if a violation occurs; and coordinate and carry out inter-comparison activities among laboratories within the country.[142] The LNAB maintains a published State Register of accredited laboratories and certification bodies, provides technical assistance on conformity assessment procedures to relevant government authorities at the central and local levels, and promotes public awareness of conformity assessment

3.81.  Lao PDR operates a food safety management system, which involves concerned agencies and parties that supervise, monitor, control and inspect processes, including the management of cleanliness of food production and the elimination of contaminants, residues, disease-causing organisms, and additives in food, in a systematic way, according to the standards, laws and regulations related to food, to ensure the hygiene, health, and safety of consumers. It also operates a quality management system of coordination activities within concerned agencies and parties that systematically supervise, monitor, control and inspect processes to ensure the compliance, quality, and safety of those processes. Specifically, under the Food Law, 2004, as revised in 2013, the MoH is responsible for food safety management. Within the Ministry, the following line agencies are involved: the Food and Drug Department (FDD), which is responsible for food safety policy, strategy, legislation and standard regulation development, monitoring their implementation, reporting product registration, and food safety education and training for the food industry and the public; and the Bureau of Food and Drug Inspection and the Provincial Food and Drug Section, which implement food safety legislation through the surveillance of markets, food-processing plants, hotels, and restaurants, and check for compliance with the Food Law and its regulations. The Bureau is also responsible for handling complaints and border control. Food and drug quality control provincial minilabs are responsible for testing laboratories, which monitor food quality, safety and contaminants according to the MoH standards

3.82.  An environmental management system to supervise, monitor, control and inspect processes including to control and limit pollution, emissions in the processes to ensure the performance with standards and the laws and regulations related to the environment. Lastly a management system for manufacturing, trade, construction, transportation, communications, education, public health and other services, which are to be implemented in accordance with the laws and regulations of relevant sectors and with international, regional, and foreign management standards systems

3.83.  The Law on Standardization of 2014 provides for product certification and management system certification. The Ministry of Ministry of Science and Technology awards product certification marks based on proposals of the National Standards Council, which is then published in the official gazette. The Ministry of Ministry of Science and Technology can amend or revoke the product certification marks based on proposals from by the NSC

3.84.  The Law allows suppliers to affix the product certification mark to products, product labels, containers, and packaging products, and attachments shall be deemed to have used that certification mark to products. Advertising in any form that cites the product certification mark as representing that the product or goods comply with standards shall also be deemed to have used that product certification mark

3.85.  The MOST also issues regulations on mandatory certification marks for products related to public security, safety, hygiene, health, and the environment and goods that are on the sensitive List, in coordination with the concerned agencies and parties and the NSC. The use of the mandatory product certification mark becomes effective 90 days after the day such regulation is promulgated

3.86.  Certification of a management system is the recognition of concerned sectors and parties regarding systematic activities for the supervision, follow-up, control and inspection of processes of suppliers to achieve quality and efficiency. Such marks are awarded for the food safety system, the quality system, the environmental system and other system certification for, inter alia, manufacturing, trade, construction, transportation, communications, education, public health and other services

3.87.  Under the Law, each type of management system certification must comply with the procedures issued by the agencies and parties concerned, in accordance with regional or international standards. Sectors and parties that grant management system certificates in Lao PDR must be accredited by a recognized accreditation body. The Science and Technology Sector and other concerned sectors and parties that grant certificates determine each type of management system certification mark. Marks are submitted to the National Technical Committee for comments before they are used officially. The authorities stated that 30 standard marks had been issued as at June 2019. Labelling

3.88.  Regulation No. 519/MOH of 2009 for packaged food, issued by the MoH, covers the content of labels of goods sold to consumers. Such labels should include, inter alia: the name of the product, the source of the product, ingredients, food additives, nutrition data, and the production date