Legal Document

Title: Law on the Management of Quality and Safety of Products and Service
Type: Law
Issuing Agency: Prime Minister
Responsible Agency: Ministry of Commerce
Issuing Date: 26-06-2000

Index

Preamble

CHAPTER 1 - GENERAL PROVISIONS

Article 1

Article 2

CHAPTER 2 - CONSUMERS' RIGHTS AND ECONOMIC OPERATORS' OBLIGATIONS

Article 3

Article 4

Article 5

Article 6

Article 7

Article 8

Article 9

Article 10

Article 11

Article 12

Article 13

CHAPTER 3 - QUALITY LABEL AND CREATION FORMALITIES

Article 14

Article 15

CHAPTER 4 - COMMERCIAL FRAUD REPRESSION

Article 16

Article 17

Article 18

Article 19

Article 20

Article 21

CHAPTER 5 - ACTIONS AGAINST PRODUCTS OR SERVICES WHICH ARE LIKELY TO INDUCE GRAVE OR IMMINENT DANGERS

Article 22

Article 23

Article 24

CHAPTER 6 - INSPECTION PROCEDURES FOR QUALITY AND SAFETY OF PRODUCTS, GOODS AND SERVICES

Article 25

Article 26

Article 27

Article 28

Article 29

Article 30

Article 31

Article 32

Article 33

Article 34

Article 35

Article 36

Article 37

Article 38

Article 39

Article 40

Article 41

Article 42

Article 43

Article 44

Article 45

Article 46

Article 47

Article 48

Article 49

Article 50

Article 51

Article 52

Article 53

Article 54

Article 55

Article 56

Article 57

Article 58

Article 59

Article 60

CHAPTER 7 - OFFENCES

Article 61

Article 62

Article 63

Article 64

Article 65

Article 66

Article 67

Article 68

Article 69

Article 70

Article 71

Article 72

CHAPTER 8 - FINAL PROVISION

Article 73


PREAH REACH KRAM

No. NS/RKM/0600/001

We

Preahbath Samdech Preah Norodom Sihanouk Reach Harivong Uphatosucheat Visothipong Akamohaborasratanak

Nikarodom Thammikmohareacheathireach Boromaneat Boromabopit Preah Chau Krong Kampuchea Thipdey

-          Referring to the 1993 Constitution of the Kingdom of Cambodia;

-          Referring to Reach Kram No. NS/RKM/0399/01 of March 8, 1999 on the Amendment of the Articles 11, 12, 13, 18, 22, 24, 28, 30, 34, 51, 78, 90, 91, and 93 and Articles of Chapters VIII to XIV of the Constitution of the Kingdom of                        Cambodia,

-          Referring  to  Reach  Kret  NS/RKT/1198/72  of  November  30,  1998  on  the  formation  of  the  Royal Government of Cambodia;

-          Referring to Reach Kram 02/NS/94 of July 20, 1994 promulgating the Law on the Organization and Functioning of the Council of Ministers;

-          Referring  to  Reach  Kram  No.  NS/RKM/0196/16  of  January  24,  1996  promulgating  the  Law  on  the Establishment of Ministry of Commerce;

-          Pursuant to the Proposal of the Prime Minister and the Minister of Commerce.

HEREBY PROMULGATE

The Law on the Management of Quality and Safety of Products and Services as ratified by the National Assembly on 29 May 2000 at the third plenary session of the second legislature and as ratified by the Senate as to its entire form and legality on 02 June 2000 at the second plenary session of the first legislature and whose meaning are as follow:

CHAPTER 1

GENERAL PROVISIONS

Article 1:     

The scope of this law shall govern the following:

-          all commercial enterprises;

-          all manufacturers for commercial ends;

-          importers, exporters, and merchants;

-          service providers of products and goods;

-          advertisers of products, goods and services; and

-          civic associations and non governmental agencies engaged in manufacturing, commerce, or humanitarian relief.

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Article 2:

"Production/manufacturing" within the meaning of this law shall be defined as including the following: animal husbandry, dairy production, agricultural crop harvesting, fruit collection, fisheries, animal slaughtering, and the production, processing, and packaging of products together with stocking during production and the first pre-commercialization services.

 

"Commercialization" within the meaning of this law shall be defined as including the following:

-          all stocking operations, transport, custody for purpose of trade, sale display, and sales of products and goods;

-          all gratuitous gifts of all products including importation and exportation as well as sales, provisions of services or the provisions of gratuitous services.

CHAPTER 2

CONSUMERS' RIGHTS AND ECONOMIC OPERATORS' OBLIGATIONS

Article 3:

Manufacturers and service providers shall be required to indicate on their products, goods, and services in Khmer language the ingredients, composition, users’ guidelines, manufacturing date, and expiration date along with other requirements which guarantee the safety and health of consumers prior to their commercialization.

Manufacturers and services providers shall be liable for strictly complying with the provisions in the above mentioned paragraph.

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Article 4: 

Manufacturers and services providers shall comply with the general requirements of providing accurate information of their composition or configuration of the products, goods, or services so as to prevent confusion by consumers or damage competition.

Manufacturers and traders shall comply with the provisions in the above mentioned paragraph for all commercialized products and services.

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Article 5:

Merchants, traders and services providers responsible for products, goods, or services first placed in the stream of commerce in the Kingdom of Cambodia shall be required to ensure that their products or services are in compliance with the provisions of this law.

Upon request from the competent inspecting agents as stipulated under Article 27 of this law, local manufacturers, importers, and service providers responsible for the first commercialization of these products and services shall be required to provide proof of inspections or records of prior examinations.

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Article 6:

When the products, goods, or services could harm the health or safety of consumers, their manufacturing and commercialization shall be subject to a prior submission of a declaration to the competent institutions and have a prior authorization by the competent institutions following an inspection and  an indication of usage guidelines in Khmer language.

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Article 7:

It shall be strictly prohibited to produce or place into the stream of commerce products, goods, or services above mentioned in Article 6 of this law when no prior disclosure has been made or no prior authorization has been issued by the competent institutions.

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Article 8:     

The following acts shall be strictly prohibited:

-          evasion or attempt to evade inspections as stipulated under Article 6.

-          commercialization of products, goods, or services which have not been inspected.

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Article 9:

Importation of products or goods not found in compliance  with  this  law  can  be  authorized provided they are only transited for re-exportation.

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Article 10:

Importation of products and goods which are of humanitarian status or  non-commercialized purposes can be made provided there is a special prior authorization from the Ministry of Commerce subsequent to the approval of the Royal Government.

This special authorization can only be made provided that the products and goods concerned are in conformity with international trade fair practices or internationally recognized norms.

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Article 11:

Manufacturing of products not in compliance with this law shall be allowed provided they are destined for export to other countries where their sales are legal and pursuant to a specific international contractual arrangement.

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Article 12:

Presentation of proper compliance certificate, for exportation and importation, shall be required for certain products which:

-          may be harmful to the health or safety of consumers;

-          may affect fair commercial practices;

-          may preserve and enhance the quality of locally manufactured products;

-          are required by international trade or international conventions.

The inspection of the compliance certificate shall be the responsibility of the Ministry of Commerce and other concerned ministries.

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Article 13:

The Ministry of Commerce shall be responsible for entering into international technical cooperation agreements governing inspections of exported and imported goods, except for gas and petroleum.

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CHAPTER 3

QUALITY LABEL AND CREATION FORMALITIES

 

Article 14:

A quality label is a separate mark to identify the quality of a product, good, or service that the manufacturers or service providers voluntarily affix to their products or services. The affixing of the quality label is done for the purpose of meeting the consumers' demand for information, to improve the manufacturer’s and service provider's production performance, and to enhance the quality of domestic products.

Manufacturers and service providers shall affix the quality label in strict compliance with the conditions stipulated under Article 59 of this law.

The modalities for determining a quality label shall be determined by a sub-decree upon the proposal of the Ministry of Commerce and other concerned ministries.

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Article 15:

A norm within the meaning of this law shall be defined as a technical specification accessible to the public which has been established with the cooperation and consensus of all l parties concerned, based on scientific and technological outcomes and experiences, which is adopted by a national accrediting institution for repeated or permanent use and whose recognition is not compulsory.

A national standard system shall be established in order to provide norms and other reference documents to assist in the settlement of technical and commercial problems related to products, goods and services which can occur repeatedly in the relations between economic, scientific, technical, and social partners.

The organization and functioning of the National Standard Institute shall be defined in a sub-decree.

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CHAPTER 4

COMMERCIAL FRAUD REPRESSION

Article 16:

Whether the party is privy or not to a contract, or a third party, it shall be prohibited to falsify or attempt to falsify products, goods, or services by any means on:

-          identity, type, nature, place of origin, physical or nutritional quality, contents, and quantity;

-          past  inspections,  usage  guidelines,  non-conforming  usage,  risks  associated  with  usage,  precautionary measures for all products, goods, and services;

-          manufacturing methods and date of production, use, or consumption of products.

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Article 17:

It shall be prohibited to falsify products for, or kept for, commercialization by modifying the products through treatment or tampering by adding, subtracting, or substituting any part or the whole component which is prohibited by regulations or in the absence of which by customs, or which is not in compliance with the regulations.

It shall be strictly prohibited to put in the stream of commerce products which are known to be falsified.

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Article 18:

It shall be prohibited to put in the stream of commerce food products which are known to be contaminated or toxic or do not meet bacteriological or sanitary requirement as stipulated by regulations of the ministries concerned.

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Article 19:

It shall be prohibited to keep at all production, processing, and commercialization sites the following:

-          products known to be falsified.

-          food products known to be contaminated or toxic, or do not meet bacteriological or sanitary requirement as stipulated by regulations.

-          products and instruments used for falsifying or counterfeiting all types of goods.

-          tampered scales and measurement instruments used for producing or commercializing products.

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Article 20:

It shall be prohibited to put into the stream of commerce products and instruments used for falsifying and counterfeiting products.

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Article 21:

All forms of commercial advertising shall be prohibited if they are deceitful, misleading, false, or likely to cause confusion on the quality and safety of products, goods, and services when they pertain to the following:

-          product expectation;

-          identity, type, nature, place of origin, physical or nutritional quality, contents, quantity, manufacturing methods and date of production;

-          expiry date, usage guidelines and terms;

-          methods of sales, product availability, price;

-          other warranties.

Advertisers placing commercial advertisements for their own account shall be held principally accountable in their capacity as an initiator.

Advertisers are required to provide information attesting to the quality and safety and other warranties of the advertisement to the inspecting institutions as stipulated under Article 27 of this law. When the substance of the advertisement is contrary to the provisions of the above mentioned paragraphs 1 and 2, the provisions of Article 26 of this law shall be enforced.

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CHAPTER 5

ACTIONS AGAINST PRODUCTS OR SERVICES WHICH ARE LIKELY TO INDUCE GRAVE OR IMMINENT DANGERS

Article 22:

For manufacturing, processing, and commercialization of products, goods, and services which can cause grave or imminent danger to consumers' health or safety, the competent ministries can take the following actions:

-          temporarily or permanently banning from sale;

-          temporarily or permanently closing down the manufacturing facilities; or

-          if necessary, withholding, confiscating, or destroying the products.

The destruction shall be carried out unless there is a prior written agreement between the competent authority and the products’ owners.

Without such agreement, the owners of the confiscated products can file a complaint to the municipal and provincial court within the period allowed.

Manufacturing, processing, commercialization facilities, and other establishments which have been temporarily or permanently closed can resume their business activities provided they have obtained authorization from the competent ministries.

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Article 23:

The competent ministries can issue a Prakas ordering legal and physical entities stipulated under Article 1 of this law to make the necessary modification to meet the quality and safety requirements as stipulated under Article 3 of this law.

The expenses incurred in the publication of warning or precautionary usage measures as well as the recall of defective products for modification or the partial or total refund of the purchase price shall be borne by the entities in the above mentioned paragraph.

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Article 24:

Similar measures to those stipulated under Articles 22 and 23 of this law can be taken to ensure safety of the provisions of services.

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CHAPTER 6

INSPECTION PROCEDURES FOR QUALITY AND SAFETY OF PRODUCTS, GOODS AND SERVICES

Article 25:

Acts in violations of this law shall be thoroughly investigated and observed in accordance with the provisions stipulated under Articles 28 through 51 of this law. However, these provisions shall not prejudice other evidence obtained through other available means.

All safety measures shall be in compliance with, and implemented according to, the provisions stipulated under Articles 52 through 58 of this law.

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Article 26:

The Ministry of Commerce and relevant ministries shall be responsible for the repression of commercial fraud in accordance with this law. These ministries shall establish a specialized institution to be in charge of fraud repression and inspections of exported and imported goods.

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Article 27:

The inspection agents of the Ministry of Commerce shall be authorized to carry out inspection, investigation, and offenses recording activities, or to take other measures in cooperation with other relevant ministries.

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Article 28:

Inspection agents specified under Article 27 of this law are authorized to conduct inspections, prepare official records, and audit relevant issues. Their official records shall remain valid until proven otherwise.

Individuals subject to inspections shall be required to cooperate with inspection agents so that they may carry out their tasks.

Inspection agents can request additional forces for protection and intervention.

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Article 29:

Inspection agents specified under Article 27 are authorized to enter into and inspect the premises where the manufacturing, processing, commercialization, and services provisions take place, as well as inspect means of transportations, goods, warehouses, offices, and other related premises.

If these premises are used as residences, inspection agents can only enter during working hours. Outside working hours, permission from a prosecutor and the presence of local authority shall be required.

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Article 30:

Inspection agents specified under Article 27 of this law can investigate, make a duplicate, or confiscate documents essential for their investigations.

In the event of confiscation, an official minutes shall be made immediately on the spot.

All confiscated documents shall be sealed and stamped by the inspection agents. A receipt acknowledging the confiscation and a full list of inventory shall be provided by the inspection agents to the individuals whose goods are subject to the confiscation.

Official minutes which are made not in compliance with the above provisions shall be considered invalid.

All confiscated documents shall be joined with the legal procedures as stipulated under Article 51 of this law or returned to the individuals if no charge is made against them. Official minutes for the surrender of these documents shall adhere to the same process as for confiscation.

When the confiscated documents are necessary for the functioning of the enterprise activities, the inspection agents can issue a duplicate upon request, the cost of which shall be borne by the requesting party.

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Article 31:

Inspection agents specified under Article 27 of this law are authorized to confiscate all evidentiary documents, or product samples as evidence in accordance with the legal procedures to be specified under a sub- decree.

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Article 32:

Inspection agents specified under Article 27 are authorized to collect testimony from individuals who can provide useful information for their investigation.

Records of these testimonies shall contain the following:

-          sequential number provided by the recording agent;

-          date, time, and place where testimony took place;

-          identity, position, and address of the testimony provider;

-          identity, position, and address of the recording agent;

-          useful comments of the recording agent to ensure honest reporting of information given by the testimony provider; and

-          signatures of the testimony provider and the recording agent.

If the testimony provider refuses or does not know how to sign or is illiterate, mention of the said fact shall be made in the records. Official (records) minutes which are made not in compliance with the above provisions shall be considered invalid.

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Article 33: 

Inspection agents specified under Article 27 of this law can conduct inspection of the products, goods, and services either by visual means, ordinary measurement instruments, or by documents verification aimed at determining the identities of the products, goods, and services, and detect their compliance with respect to their declaration, or to investigate whether or not the conditions for the manufacturing, processing, commercialization, and service provisions have been respected.

The agent shall record their inspection in their official (records) which shall comprise the following:

-          sequential number provided by the recording agent;

-          date, time, and place where the inspection was made;

-          identity, profession, and address of the individual subject to the inspection;

-          all elements which can provide details on the value of the findings;

-          registration number with the institution of the recording agent; and

-          signature of the recording agent.

Official (records) minutes of the inspection which are made not in compliance with the above provisions shall be considered as invalid.

Photos of observed irregularities can be attached by the inspecting agent for further consideration.

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Article 34:

Except for the case specified under Article 40 of this law, the taking of goods samples shall be made in at least three units.

The first sample shall be for laboratory testing, the other two samples shall be kept for use in eventual counter-tests as specified under Articles 47 through 50 of this law.

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Article 35:

Owner of products which have been removed for samples by the agent shall sign the minutes. He can mention in the minutes any remarks that he deems useful about the sources or characteristics of the products. If the individuals do not want to sign or do not know how to sign, or are illiterate, records of the situation must be written in the minutes.

Pursuant to the requests of the product owners, the agent who removes the samples shall issue a receipt which identifies the type, quantity, and value of the product samples in the eventuality that there is a refund in the future.

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Article 36:

The modalities for the removal of product samples shall be the responsibility of the competent agent that requires that all three removed samples are similar and representative of the batch of the products to be inspected.

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Article 37:

Each product sample shall be kept under seal. The seal shall be attached with a label which includes the following:

-          designation of the goods which are kept for sale, place for sale, or sold;

-          date, time, and place where the samples were removed;

-          identity and address of the individual at whose location the samples were removed;

-          sequential number for the procedure provided by the sample remover;

-          registration number of the samples provided by the public institutions whose agents have performed the samples removal, and accurate identification of that institution;

-          useful remarks which enable the laboratories to know the purpose of the test to be made along with relevant documents attached to the label; and

-          signatures of the sample removers and the owners of the sampled products.

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Article 38:

One sample out of the three shall be kept by the holder or the owner of the products. The inspection agent shall provide guidance on the proper manner in which the sample shall be preserved in good condition to ensure that future testing is legitimate.

If the holder or the owner of the products refuses to do so, mention shall be made in the minutes and the inspection agent shall store the sample with the other two samples.

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Article 39:

The other two samples shall be forwarded with the attached minutes to the public competent institutions whose agents performed the sample removal.

These public institutions shall keep the samples, register them, and provide entry numbers on the label and the minutes. One sample shall be sent to the competent laboratory and the other preserved in proper condition.

If special storage conditions of the samples are required, then the two samples or all three samples as may be the case specified in the second paragraph of Article 38 of this law can be sent to the laboratory for taking the necessary measures.

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Article 40:

When a product whose conditions or value do not allow the removal of three samples, only one sample shall be removed from the whole product or a portion of it.

The implementation of the above paragraph 1 shall be done for products or goods which for technical and scientific reasons the testing can be done only within a limited time frame failure of which future testing results can be invalid.

A minutes of the taking of the sample shall be made and the product shall be sealed and attached with the label in the same conditions as specified under Articles 35 and 37 of this law. Samples shall be registered and forwarded or submitted to the laboratory according to the procedures stipulated under Article 39 of this law.

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Article 41:

Samples identified for investigation can also be tested in laboratory, or for preliminary findings of the product characteristics by the inspection institutions within the scope of their competence. The removal of the sample shall be made in only one unit.

The results of the investigative sample can be used only for information purposes, and cannot be used as evidence, or for judicial proceedings as stipulated under Article 51 of this law, or for safety measures stipulated under Articles 52 through 58 of this law, except for temporary consignment as stipulated under Article 53 of this law.

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Article 42:

Government laboratories shall test product samples. Other public or private laboratories recognized by the competent ministries can also conduct product samples testing. The recognition process of these public or private laboratories shall be done by Prakas of competent ministries. The Prakas shall clearly define the scope of competence of these laboratories.

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Article 43:   

To conduct product samples testing, laboratories shall use testing methods as prescribed by Prakas of competent ministries.

In the event there are no above-prescribed testing methods, laboratories shall use internationally recognized testing methods. The testing methods shall be published in a testing bulletin.

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Article 44:

Upon completing their work, laboratories shall prepare a testing bulletin that records the testing results. If the testing results can provide clarifications to the inspection institutions, the laboratories can issue their findings on the product non-compliance against this law or other specific regulations.

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Article 45:

If the laboratories’ testing bulletins indicate that the product samples meet the requirements as prescribed by law, and provided that the institutions which made the samples removal have no other indications of fraud, that institution shall notify the product owners about the compliance of their products.

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Article 46:

If the results of the laboratory testing indicate that the product samples do not meet the requirements as prescribed by law, procedures stipulated under Articles 47 through 50 of this law shall be applied.

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Article 47:

If the results of the laboratory testing indicate that the product samples do not meet the requirements as prescribed by law, or pursuant to further necessary investigations, the inspecting institutions shall inform the offenders of the legal court proceedings against them by providing the justifications for such actions.

The offenders shall have 15 working days to conduct a counter-test and select their own experts.

If the offenders do not exercise their rights as defined above, the testing results stipulated under the above mentioned paragraph 1, shall be uncontested, except for reason of force majeure.

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Article 48:

The cost for hiring the expert shall be borne by the party requesting the counter-testing. The selection of the expert shall be drawn from a list of experts prepared by the municipal and provincial court.

In the event there are no experts qualified in the above-mentioned list or in the event an expert list is nonexistent, the party can select another expert. This selection shall require the consent of the municipal and provincial court. Such consent shall be provided within seven working days.

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Article 49:

The product samples preserved by the registering institution shall be provided to the expert as stipulated under Article 48 of this law. The expert shall have one month to give the inspecting institution his conclusions with regards to technical or scientific aspects only.

When his conclusion differs from the one of the first testing as stipulated under Article 47, the expert and the chief of the laboratory which conducted the first test shall meet to discuss the matter within a timeframe set by the inspecting institutions. When deemed necessary, the two parties can jointly conduct another test on the third sample. A joint report shall be prepared and sent to the institutions no later than one month from the meeting date.

The expert shall use one or more methods similarly employed by the laboratories and proceed as the first test.

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Article 50:

In the event the party requested a counter-testing for a product which has only one sample as stipulated under Article 40 of this law, the procedures stipulated under Articles 47 and 48 of this law shall be applied. This immediate counter-test shall be done based on documents from the first test.

The expert selected by the party and the chief of the laboratory which conducted the first test shall meet to discuss their conclusions within a timeframe set by the inspecting institutions. A joint report shall be prepared and sent to the institutions no later than two days from the meeting date.

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Article 51:

In the event of a court action, the inspecting agent shall prepare documents, reports of the testing, expert reports, and other evidence pursuant to the provisions of this law.

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Article 52:

Inspecting agents specified under Article 27 of this law can temporarily detain, take measures to ensure compliance, redirect, confiscate, and destroy products and goods as well as require compliance of services in accordance with the procedures of this law.

Measures to ensure compliance, redirection, confiscation, and destruction of products can be effectuated by the inspecting agents only after authorization from their head of institutions and consent from the provincial/municipal prosecutor. These provisions shall not be applicable if the measures fall under the scope of Articles 22 to 24 of this law.

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Article 53:

Temporary detentions are measures aimed at preventing on a temporary basis any distribution by the holders of the products and goods concerned of the following:

a)       suspected batches of products and goods.

b)       batches of products and goods which, based on actual inspection, do not possess the proper requisite characteristics as defined by law or batches products and goods whose ordinary use can harm the safety or health of consumers.

c)       instruments used for the commission of fraud as specified under Articles 19 and 20 of this law.

Suspected batches of products and goods as stipulated under the above mentioned paragraph a) are those which, after actual inspection and or after the samples testing as stipulated under Articles 34 to 41 of this law, are required to undergo further test to determine whether these products are in compliance or not in compliance with the characteristics as defined by law or whether their ordinary use can harm the safety or health of consumers.

Provided the results of the additional inspection, which shall be carried out within 15 working days, do not confirm the suspension as raised during the first inspection, the temporary detention shall be immediately withdrawn. When necessary, and pursuant to the request of the head of the inspecting institution, only the provincial/municipal prosecutor shall be authorized to extend the temporary detention period.

On the contrary, if the products do not meet the requisite characteristics as defined by law then one or more safety measures as stipulated under Articles 54 to 57 shall be applied.

In the cases a), b), and c) above, the temporary detention shall not exceed 15 days and shall be accompanied by one or more safety measures as stipulated under Articles 54 to 57 of this law.

When the temporary detention was initiated by the inspecting agents pursuant to paragraphs a), b), and c) above, product holders shall have three working days to appeal the measure to the chief of the inspecting agent. The chief shall have three working days to make his final decision. This appeal does not have the effect of lifting the temporary detention.

In all cases, products which are subject to temporary detention shall be placed under the custody of the product holders.

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Article 54:

Compliance measures are those measures which require the holders or owners of products, goods, and services to end the cause of no compliance.

Those measures include the modification of products, goods, and services, particularly product reclassification, if there is more than one classification, and the re-categorization of these products into another category where the sale of these products are allowed by law.

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Article 55:   

Redirection of products and goods shall mean:

-          the delivery of temporarily detained or confiscated products pursuant to Articles 53 and 56 of this law to enterprises that can directly utilize these products or modify them to meet the legal requirements at the cost of the product owners.

-          the cost of the product returns to the enterprises which are responsible for packaging, manufacturing, or exporting these products shall be borne by the product owners.

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Article 56:

Products and goods confiscation shall mean the complete removal of the ownership rights from the owners, and can be applied only in the following cases:

-          for products and goods which are found to be in non-compliance with the laws and regulations after actual inspection and/or after the samples testing as stipulated under Articles 34 to 40 of this law.

-          when the product managers or owners do not agree to modify or redirect or when these measures are not applicable.

-          for instruments used for the commission of fraud as specified under Articles 19 and 20 of this law.

-          for products and goods whose ordinary use can harm the safety or health of consumers.

Confiscated products are contained and sealed and kept under the custody of the holders, or in the event of refusal, the inspecting agents shall decide on the location of their storage.

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Article 57:

Inspecting agents can destroy, modify, or cause to be destroyed or modified confiscated products under their supervision when no legitimate and economically beneficial use for the products can be found.

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Article 58:

The measures as stipulated under Articles 53 to 57 of this law pertain only to products or goods that are unreasonably held at a place or places as specified under Article 29 of this law, or when these products are for sale, have been sold, or distributed gratis.

The inspecting agent shall make an official report on the spot. The report shall describe all the points mentioned in Article 33 of this law and an extract of the measures selected and their justifications. A copy of the report shall be provided to the product holders or owners.

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Article 59:

The modalities that pertain to the manufacturing, processing, commercialization, servicing, and inspection of products, goods, and services as below mentioned shall be defined in sub-decrees or other implementation regulations:

1.       For products, goods, and services

-          definition, name, composition, criteria, and types of quality or hygiene, and quantity of products and goods.

-          labeling, presentation, form of products sale and packaging, and quality label as affixed onto the products.

-          use of language and description of commercial advertisement in order to avoid confusion, and if necessary, comparative commercial advertisements of all products and services.

-          presentation mode, contents of receipts and delivery bills, and technical, commercial, and other advertisement documents.

-          conditions regulating products and services not complying with general safety requirements as specified under Article 3 of this law.

-          modalities for the issuance of authorizations and the submission of declarations for pre-production and commercialization of products and services, and modalities for professional self-inspection.

-          regulations concerning measurement instruments and their certification.

-          precautionary measures, treatments, and inspections and the use of materials in products and services to ensure environmental protection.

2.       For food products

-          processing of food in conformity with the law, criteria of food purity, ingredients used in the food production, food casing and materials used to clean them.

-          hygienic, sanitary, and nutritional characteristics, microbiological norms under which food is produced; hygienic requirement related to food products transport, production, processing, and commercialization facilities, and employees; health certificates, health labels or seals.

-          health status of individuals involved in the food preparation, if deemed necessary.

3.       For inspection methods

-          modalities for implementing the provisions stipulated under Articles 9 to 12 of this law and the procedures for sample removals and testing to identify the products’ composition, and their hygienic, sanitary, and microbiological characteristics, products fraud, or to indicate the usage.

-          When deemed necessary, the modalities for implementing the safety measures stipulated under Articles 52 to 58 of this law.

-          books, registers, and documents of individuals involved in the manufacturing, processing, or commercialization of products and services which can be made mandatory.

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Article 60:

National and international principles governing the guidelines for manufacturing products and goods and providing service shall be set in sub-decrees and regulations of the Royal Government of Cambodia.

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CHAPTER 7

OFFENCES

Article 61: 

Any manufacturer or service provider found in violation of the provisions of Article 14 of this law shall be fined by the inspecting agent an amount from R500,000 to R1,500,000.

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Article 62:

Any violator of the provisions of Articles 7, 8, 19, or 20 of this law shall be subject to imprisonment from 6 (six) days to one month and/or a fine from R1,000,000 to R5,000,000.

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Article 63:

Any violator of the provisions of Articles 16, 17, 18, or 21 of this law shall be subject to imprisonment from 1 (one) month to 1 (one) year and/or a fine from R5,000,000 to R10,000,000.

In the event any manufacturer or service provider refuses to pay the fines, the inspecting agent shall bring a legal action in the provincial/municipal court.

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Article 64:

In the event of repeated offenses under Articles 16, 17, 18, 19, 20 and 21 of this law, the fines and criminal sanctions shall be doubled without prejudice to other serious crimes resulting from the loss of life, health, and safety of consumers.

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Article 65:

All products, goods, and equipment which are the subject of the offenses committed under Articles 16, 17, 18, 19, 20 or 21 of this law shall be confiscated as state assets. The act of confiscation shall be within the jurisdiction of the court.

All other losses resulting from the offenses committed under Articles 16, 17, 18, 19, 20 or 21 of this law shall result in civil liabilities for the offenders.

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Article 66:   

The offenses stipulated under Article 63 shall be applied to those who have:

a.       regardless of any circumstances, obstructed inspecting agents, as mentioned under Article 27 of this law, from fulfilling their duties;

b.       refused to present, or concealed accounting, technical, or commercial documents in their possession as stipulated under Paragraph 1 of Article 30 of this law;

c.        refused to present advertised commercial texts or information justifying those  advertisements;

d.       given, by any means, deliberately false, misleading or confusing written or verbal information in response to requests by inspecting agents as mentioned under Article 27 of this law;

e.        disposed without approval products which have been temporarily detained or confiscated by inspecting agents;

f.        refused to provide products which have been temporarily detained or confiscated by inspecting agents, to dispose the products and goods as instructed by the competent authorities, or to modify the products and goods to meet the compliance as required under Articles 53 to 56 of this law.

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Article 67:

Inspecting agents as stipulated under Article 27 of this law shall be administratively accountable. They shall be held liable for negligence which resulted in wrongdoings and other consequences in violations of the provisions of this law and other regulations under this law.

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Article 68:

Administrative sanctions under this law which shall be imposed on inspecting agents or competent officials shall include the following:

a.       administrative sanction of the first degree shall comprise of a warning and a reprimand from the head of the institution.

b.       administrative sanction of the second degree shall comprise of a suspension of salary and other benefits for 6 months or more.

c.        Administrative sanction of the highest degree shall comprise of the removal of duties or position or removal from the civil service.

The above enumerated administrative sanctions shall not exclude other criminal sanctions.

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Article 69:

Inspecting agents or competent officials who conspire with offenders or abuse their duties under Article 14 shall have administrative sanctions imposed upon them and shall be fined in accordance with the provisions stipulated under paragraph 2 of Article 61 of this law.

Inspecting agents or competent officials who conspire with offenders or abuse their position under Articles 7, 8, 19, or 20 shall have administrative sanctions of highest degree imposed upon them and other sanctions shall be imposed under Article 62 without prejudice to other criminal sanctions.

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Article 70:

Inspecting agents or competent officials who conspire with offenders or abuse their duties under Articles 16, 17, 18, or 21 of this law shall have administrative sanctions of highest degree imposed upon them and other sanctions shall be imposed under Article 62 of this law.

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Article 71:

Manufacturing and commercialization facilities as specified in Article 6 which do not comply with the regulations shall have their license’s withdrawn by the competent institutions.

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Article 72:

Experts working in laboratories and individuals performing sample products testing as defined under Article 42 to 50 of this law shall be held legally liable for their test bulletins.

Any expert who conspires with offenders or abuses his/her position shall have sanctions imposed in accordance with the provisions stipulated under paragraph 2 of Articles 61, 62, and 63 of this law.

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CHAPTER 8

FINAL PROVISION

Article 73:   

This law shall be declared as urgent.

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Phnom Penh, 21 June 2000

Royal Signature

Norodom Sihanouk

Has informed to                                                                                                                                                                                                                                                                                                                                                                               

His Royal Highness for Signature

Prime Minister Signature

Hun Sen                                                                                              

Has informed to the Prime Minister

Acting Minister of Commerce

Sok Siphana

No. 126 CL

for copy

Phnom Penh, 26 June 2000

Secretary General of the Royal Government

Nady Tan

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List Measures/Standards

Name Description Status Measures/Standards Measure Class
Labeling requirement placed on goods (including imported goods) circulating in Cambodia for safety and health purposes Manufacturers and service provides are required to indicate on the products the following information in Khmer: ingredients, compositions, user's guidelines, manufacturing dates, expiration dates and other requirements Active Measure Goods
Labeling requirement placed on goods (including imported goods) circulating in Cambodia for safety and health purposes Manufacturers and service provides are required to indicate on the products the following information in Khmer: ingredients, compositions, user's guidelines, manufacturing dates, expiration dates and other requirements Active Measure Goods
Inspection requirement for products firstly imported into Cambodia Products which are imported in to Cambodia require proof of inspection to guarantee compliance with this law. Active Measure Goods
Inspection requirement for products firstly imported into Cambodia Products which are imported in to Cambodia require proof of inspection to guarantee compliance with this law. Active Measure Goods
Authorization requirement for imported products circulating in Cambodia Products imported and circulating in Cambodia which could harm the health and safety of consumers requires prior authorization from competent institutions. Active Measure Goods
Authorization requirement for imported products circulating in Cambodia Products imported and circulating in Cambodia which could harm the health and safety of consumers requires prior authorization from competent institutions. Active Measure Goods
Authorization requirement for import of humanitarian products in to Cambodia Humanitarian products imported in to Cambodia require special authorization from Cambodian government. Active Measure Goods
Authorization requirement for import of humanitarian products in to Cambodia Humanitarian products imported into Cambodia require special authorization from Cambodian government. Active Measure Goods
Inspection requirement for exported products from Cambodia Products exported from Cambodia which could harm health and safety of consumers require inspection Active Measure Goods
Testing requirement for product samples Product samples shall be tested in public or private laboratories with defined recognition process Active Measure Goods
Testing requirements for product samples Product samples shall be tested in public or private laboratories with defined recognition process Active Measure Goods
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