Branded Bottled Water and Edible Oil Manufacturers: Requirement to obtain FDA Food Production Certificates by 1 April 2024

On 4 March 2024, the Food and Authority (“FDA”) of the Ministry of Health issued Order No. 1/2024  (the “Order”) stipulating that manufacturers of branded bottled water and edible oil must apply for an FDA food production certificate before applying for any other licenses from the relevant authorities. Furthermore, it mandates that those who have not obtained an FDA certificate must do so by 1 April 2024.

Although the Order does not specify any penalty for failure to obtain an FDA certificate by the deadline, the National Food Law prescribes that those who violate the requirement of obtaining a license for the production of controlled foods may be subject to a fine, imprisonment, or both. Since branded bottled water and edible oil are considered controlled foods as per FDA Notification 524/2021, manufacturers who do not obtain an FDA certificate may be deemed in violation of the National Food Law.

Furthermore, on 21 March 2024, the State Administration Council issued Law No. 20/2024 amending the National Food Law’s provisions concerning offenses and their penalties. In general, the term of imprisonment has been increased to a maximum of 10 years for certain violations, such as the production of controlled food without a license. Additionally, the penalty amount has also increased, with this particular violation subject to a fine of up to MMK3 million.

Therefore, it is recommended that companies review their documents to ensure FDA certificates have been obtained in accordance with the regulations.

If you have questions or require assistance with the above, please feel free to contact your usual VDB Loi adviser.