JUNE 6, 2022
Requirements under Mandatory Labelling for Pre-packaged food
All prepackaged food requires a food label that displays certain mandatory information. Following on from our Client Alert on labelling requirements for pre-package food, the following is required under the mandatory labelling information for pre-package food:
Name of the food
The name shall indicate the true nature of the food and not be generic. Where a name has been established in a Codex standard or Myanmar standard, at least one of these names shall be used. In other cases, a common or usual name shall be used. A “coined”, “fanciful”, “brand” name, or “trade mark” may be used by accompany with the food name. Additional words or phrases shall not mislead the consumer in regard to the true nature and physical condition of the food including but not limited to the type of packing style, and the condition or type of treatment it has undergone.
Except foods which contain one ingredient, all ingredients have to be listed under the heading “Ingredients”. Ingredients must be listed in descending order by weight. For compound ingredients, the components must be declared in brackets according to their proportions. Where a food product contains any of the allergens, it is required to be declared on the label by bolding the text, picture and symbols.
Net content, quantity and drained weight
When describing the net weight, quantity and drained weight in food labeling, the net content shall be declared in the metric system (“Système International” units). The local measuring standard could also be used if desired.
- Liquid foods: By volume
- Solid foods: By weight or quantity
- Viscous food: By weight or volume
- Larger pack which contains retail packets: By quantity of packets as well as net contents of small packet and total contents
- A food packed in a liquid medium: Declaration in the metric system of the drained weight of the food
Business name and address
- For locally manufactured foods: Business name and full contact address of the food manufacturer or re-packer, and phone number.
- Imported foods: Full contact addresses of importer or distributer or re-packer in addition to manufacturer or packer details and phone numbers.
- A business name which does not produce the product: “Manufactured for….” or “Packed for….” shall be added together with its name.
Country of origin
The origin of a product must be declared as failure to indicate might mislead the consumer. For imported products, when food undergoes processing which changes its nature in a second country, the second country is required to be marked with the “country of origin” labeling.
Each container shall be permanently marked in code or in clear mark to identify the producing factory and the lot identification. It shall be declared by way of the manufacture serial numb
Unless there are specific provisions in Myanmar standards and Codex standards, the date marking shall be declared based on the international calendar. When doing so, acronyms in line with international standards may be used.
Instruction for use
In order to ensure the proper consumption of the food, in addition to the instructions for use, the required reconstitution method shall be declared along with it as per the requirements.
Food labelling is important as it provide the information to consumers in relation to the food they purchase and how the food should be stored and used safely. Therefore, the labelling of food must be accurate, clear and easy to understand for the consumer.
Failure to comply with the Pre-packaged Food Order, imprisonment for a term of up to three years or a fine up to MMK 300,000 (three lakhs) or both in accordance with the National Food Law will be imposed. Moreover, inaccurate labelling and information may damage to the reputation of the product brand and loss of consumer trust on the product. This could possibly lead to civil claims or criminal prosecution from injured consumers.
We will continue to monitor further developments regarding labelling requirements from the regulatory bodies and provide updates accordingly.
If you have any questions or require any additional information, please contact Thuzar Tin, or the ZICO Law Myanmar partner you usually deal with.
This alert is for general information only and is not a substitute for legal advice