National – Religion – King
NS/RKM/0600/001
REACH KRAM
We,
Preah
Bat Norodom Sihanouk,
King
of the Kingdom of Cambodia,
-
Having
seen the Constitution of the Kingdom of Cambodia;
-
Having
seen Reach Kram No. NS/RKT/0399/01 of March 08, 1999 promulgated the
constitutional law on the amendment of Articles 11, 12, 13, 18, 22, 24, 26, 28,
30, 34, 51, 90, 91, 93, and Articles of Chapter 8 through Chapter 14 of the
Constitution of the Kingdom of Cambodia;
-
Having
seen Reach Kret No. NS/RKT/1198/72 of November 30, 1998 on the Appointment of
the Royal Government of Cambodia;
-
Having
seen Reach Kram No. 02/NS/94, dated July 20, 1994, promulgating the Law on the
Organization and Functioning of the Council of Ministers;
-
Having
seen Reach Kram No. NS/RKM/0196/16 of January 24, 1996, promulgating the Law on
the Establishment of the Ministry of Commerce;
-
Pursuant to the proposal of
the Samdech Prime Minister and the Minister of Commerce;
The
Law on Quality and Safety of Products, Goods and Services enacted by the
National Assembly on the 29th of May 2000 at its 4th
plenary session of the second legislature and entirely approved by the Senate
on its form and legal concepts on the 2nd of June 2000 at its second plenary
session of the first legislature and include the following principles and
provisions:
KINGDOM OF
CAMBODIA
The
National Assembly
CHAPTER 1
Article 1:
The
Law shall have its scope of application over:
-
All
commercial enterprises;
-
All
producers for commercial purposes;
-
Importers,
exporters, sellers;
-
Service
providers associated with goods products;
-
Product
and service advertisers; and
-
Social
and non-governmental organizations participating in commercial production or
charitable activities.
Article 2:
"Production"
in this Law is defined as operations including animal husbandry, dairy
production, harvesting, fruit collection, fisheries, animal slaughter,
producing, processing, and packaging products together with stocking during
production and service before the first commercial activities.
"Commerce"
in this Law is defined as any operations related to:
-
Stocking,
transport, trading ownership, sales, exposure for sale; or
-
Free
transfer of all products including importation and exportation as well as
sales, services, or free services.
Article 3:
Producers
of goods and service are obligated to describe in the Khmer language the
composition, how to use, production date, and expiration date on their
products, goods, and services, including other requirements that ensure the
customer's safety and health prior to any circulation of products, goods, and
services in the commercial activities.
The
trader and businessman are obligated to comply with the description stated in
the above paragraph.
Article 4:
Producers
of goods and services have to comply with general requirements in terms of real
composition and appearance of their products, goods, and services so that the
customers can avoid confusion, or competitiveness may not be harmed.
The
trader and businessman shall comply with the obligation stated in the above
paragraph regarding circulation of goods or services in the commercial
activities.
Article 5:
In
the development process of commerce for the first time in the Kingdom of
Cambodia, the trader, businessman or service provider who is liable for any
products, goods, or services must make sure that the products, goods or
services conform with the provisions of this Law.
According
to the proposal of the inspection authority that is legalized in Article 27 of
this Law, a local producer, importer, or service provider who is responsible
for commerce, products, and services for the first time must show evidence of
confirmation and inspections already conducted.
Article 6:
When
the products, goods or services which may harm the customer's health and
safety, production or product trading or services must be declared to the
competent authority or approved by the competent authority after inspection and
usage instructions shall appear in the Khmer language.
Article 7:
It
is strictly prohibited to produce or trade products or services if they are not
declared or approved by the competent authority as required in Article 6 of
this Law.
Article 8:
It
is strictly prohibited to:
-
avoid
or try to avoid the inspection specified in Article 6 above; and
-
trade
the products, goods or services which have not been inspected.
Article 9:
Importation
of products not complying with this Law may be allowed if the products are in
transit for re-exportation.
Article 10:
Importation
of products for charitable or non-commercial purposes is possible only if there
is special approval from the Royal Government at the request of competent
ministry.
The
special approval shall be made under the condition that such products are
suitable to the honest implementation of international trade or to the rules
internationally recognized.
Article 11:
The
production of products not authorized by this Law to be traded within the
Kingdom of Cambodia is allowed if the products are to be exported to other
countries, and the sales of the products are legal under the law of such
countries and meet the specific requirements of international commercial
contracts.
Article 12:
During
importation and exportation, the certificate of conformity (presentation of
proper license) shall be required for certain products to ensure that the
products are:
-
not
harmful to the consumer's health or safety;
-
not
harmful to commercial fairness;
-
to
preserve or promote the quality of domestic products; or
-
compliant
with international requirements or
international conventions.
The
inspection of certificate of conformity shall be the competence of the Ministry
of Commerce and other relevant ministries.
Article 13:
The
responsibility for concluding international, technical cooperation agreements
for inspection of exported and imported goods, except gas and petroleum products,
shall be borne by the Ministry of Commerce.
Article 14:
Quality
brand means a special brand specifying a quality degree of a product or service
which the producer of goods or services may voluntarily stick on products or
services. In order to meet the customer's demand for information, to improve
the trader's performance, and to enhance the national production quality,
particular quality brand is required to be stuck on the products or services.
However,
this can be done only with the conditions established by Article 59 of this
Law.
The
formalities for determination of quality shall be provided by Sub-decree at the
request of the Ministry of Commerce and other relevant ministries.
Article 15:
"Formalities"
in this Law is defined as a public technical specification which has been
created by cooperation and unanimous agreements of all parties involved, based
on the common results of science, technology, and experiment, which are adopted
by the national institution to formally recognize activities of repeated or
permanent implementations, and the compliance is not compulsory.
In
order to solve technical and commercial problems related to products and
services that can be repeatedly raised in the relationship between scientific,
economic, technical, or social partners, a national formality system shall be
established.
The
organization and functioning of a national institute for formality shall be
determined by Sub-decree.
CHAPTER 4
Commercial Fraud Repression
Article 16:
Whether
by virtue of being a party to agreement, or not a party to an agreement or
whether through a third party, regardless of whatever ways or methods, it is
prohibited to falsify or intend to falsify any products or services with regard
to:
-
identities
of types, specifications, sources, physical quality or physical appearance,
composition, or quantity;
-
accomplished
inspections, usage, consumption reliability, hazards linked to usage, required
precautions of all products or services; and
-
method
and date of production, usage or product consumption.
Article 17:
It
is strictly prohibited to falsify a product which is a commercial object or is
kept for commercial purposes by changing the products in any means or manual
work, addition, subtraction, or replacement of any part or all of constituents
which are not allowed by regulations or practices if there are no regulations,
or which is contrary to the regulations.
Any
trade of any product which is known to be falsified shall be strictly prohibited.
Article 18:
It
shall be strictly prohibited to trade any food product which is known to be
spoiled or poisonous, or does not meet the bacteriological or hygiene
qualifications as provided by the regulations of relevant ministries.
Article 19:
It
is prohibited to store at any production sites, handicraft production sites,
and commercial places, the following:
-
Products
known to be falsified;
-
Food
product which is known to be spoiled or poisonous, or does not meet the
bacteriological or hygiene qualifications as provided by the regulations;
-
Products
and instruments used for falsification of all types of goods;
-
Prohibited
from the Production, usage, trade, storage of any irregular weights,
measurements, and measuring instruments used for producing and trading goods.
-
Article 20:
It
shall be prohibited to trade any products and instruments with their goals
known to be used for falsification processes or falsification of goods.
Article 21:
It
shall be prohibited to advertise, by using any means, which is untrue, misrepresentation or causes a confusion as
to quality and safety of products, goods, and services that is related to:
-
Consumption
efficiency;
-
Identity,
specification, type, source, physical or nutrient quality, composition, quantity, method and date of production;
-
Expiry
date, method and condition of consumption; and
-
Other
warranty affirmed.
Advertisers
who conduct advertisements for personal interests shall have a liability as
initiators.
Advertisers
must submit to the inspectors, as stated in Article 27 of this Law, information
about contents describing quality, safety, and other warranties in their
advertisement. Article 26 of this Law shall be applied if the content of any
advertisement is contrary to paragraphs 1 and 2 above.
Article 22:
If
the production and trading of products or services may cause a serious hazard
or immediate hazard to the consumer's health or safety, the competent ministry
may issue a measure to:
-
Ban
permanently or for a specific period;
-
Temporarily
or permanently close the establishment's productions;
-
Withhold
at the place of business or destroy such products/goods if necessary.
A
destruction may be done only if there is a written agreement between the
competent authority and the owner of the product/goods in question. If no
agreement between the competent authority and the owner of the product/goods in
question was reached, the owner may sue to the provincial/municipal court
within the duration specified by such measure.
Any
production, handicraft, and trading the establishment which has been banned or
temporarily closed may be resumed only if it is authorized by the competent
ministry.
Article 23:
The
competent ministry may issue a prakas (Proclamation) ordering the legal
entities or natural persons who are required by Article 1 of this Law to make
necessary changes in order to comply with qualitative, safety requirements
defined by Article 3 of this Law.
The
expenses for announcement of warning or preventive measures for consumption
and recollection of products for
alteration or change or repayment of partial or full price shall be borne by
the advertiser as stated above.
Article 24:
Measures
similar to those defined by Articles 22 and 23 of this Law may be designed in
order to ensure the safety and implementation of services.
CHAPTER 6
Safety
of Products, Goods, and Services
Article 25:
Any
violation of this Law shall be strictly investigated and observed in accordance
with the provisions of Articles 28 through 51 of this Law. These provisions may
not hinder any evidence of offenses asserted in other manners.
Any
safe-keeping measure shall comply with and be consistent with the rules
stipulated in Articles 52 through 58 of this Law.
Article 26:
The
Ministry of Commerce and relevant ministries have the competence to suppress
any trade of fake products or services by enforcing this Law. These ministries
shall organize a specialized entity to suppress any falsification and
inspection of goods when they are being imported and exported.
Article 27:
Any
inspection/research of quality and safety of products, goods and services and
inspection over offense minutes or enforcement of safe-keeping measures are the
competence of inspection agents of the Ministry of Commerce in cooperation with
relevant ministries.
Article 28:
The
inspection agents stated in Article 27 of this Law are competent to inspect,
certify, investigate, prepare minutes and audit problems involved. Such minute
remains to be an authentic proof until conflicting evidence is presented.
Any
person who is subject to investigation shall facilitate and assist the
inspection agent who is conducting an inspection.
The
inspection agent may request for protection and intervention from the armed
forces.
Article 29:
The
inspection agent stated in Article 27 of this Law may enter places of
production, handicrafts, commerce, business, and services, as well as goods
transports, warehouses, offices and other relevant locations.
If
any of the above locations were also used as residences at the same time the
inspector may enter only during the course of their functioning. In case of
absence of such activities, the inspector may enter such location only if they
have a warrant from the prosecutor attached to the provincial/municipal court
and in the presence of the quarter or commune authority.
Article 30:
An inspector specified in Article 27 of this
law may interrogate, make copy or confiscate any documents related to his/her
investigation.
In
cases of confiscation, an official minute must be recorded on the spot.
Such
confiscated documents shall be sealed with the stamp of the inspector. The
inspector shall issue a receipt for such confiscation and give it to the person
from whom the document was confiscated.
Any
minute that is made in contrary to this principle shall be deemed abrogated.
Such
confiscated document shall be attached to other documents under procedures
provided by Article 51 of this Law or returned to the person from whom the
document was confiscated if there is no condemnation made against them. A
minute for returning of such document shall be made in a similar process as for
confiscation.
If
the confiscated documents are necessary for the continuation of the company's
activities, the inspector shall issue a photocopy upon request and the expenses
shall be borne by the interested person.
Article 31:
The inspectors specified in Article 27 of
this Law may confiscate any evidence or samples of the goods to be used as
evidence in any proceedings defined by Anukret (sub-decree).
Article 32:
The inspectors specified in Article 27 of
this Law may collect by recording in a minute of written testimony from any
individual who can provide useful information for their investigations.
The minute of written testimony shall specify
the following factors:
·
Ordinal
number given by the minute writer;
·
Date,
time, and place where the testimony was made;
·
Identity,
status, and address of the testifier;
·
Minute
writer's useful confirmation ensuring honest reports of information given by
the testifier.
·
Signatures
of the testifier and minute writer. If the testifier does not want to sign or
cannot sign or is illiterate, a description of such situation shall be recorded
in the minute. Any minute preparation that fails to comply with these rules
shall be void.
Article 33:
The inspectors specified in Article 27 of
this Law shall inspect products, goods and services by means of seeing or
ordinary measuring instruments and confirm documents to identify products,
goods and services and find out actual appropriateness of products, goods and
services in comparison to their declaration or investigate to find out whether conditions
of production, handicrafts, trading of such products, goods, or services have
been honored.
The inspector shall report about his/her
inspection and record such activities in the minute as follows:
·
Ordinal
number given by the minute writer;
·
Date,
time, and place where the minute is made;
·
Identity,
profession, and address of the individual investigated;
·
All
information for detailed identification of the costs of investigation;
·
Registration
number at the institution as the investigator's office; and
·
Signature of the minute writer.
Any investigation report and minute writing
that fails to comply with these rules shall be void.
Photos of observed irregularities may be
attached for further reflection.
Article 34:
Except for the case specified in Article 40
of this Law, samplings of the goods for analysis shall have at least three
samples.
The first sample shall be kept with the
competent authority for sending to the laboratory for analysis, and the other
two samples shall be kept for use during the operational period in case of
counter-analysis as specified in Articles 47 through 50 of this Law.
Article 35:
A manager of the products from which a sample
is selected by an inspector shall sign on the minute. Such manager may record
on the minute any remarks about the sources and characteristics of such
products which he/she think necessary. If such manager does not wish to sign or
cannot sign or is illiterate, a record of such situation shall be written in
the minute.
At the proposal of the product manager, the
agent who conducts the sampling shall issue a receipt identifying the type,
quantity, and price of the sampled product in case the payment for actual costs
needs to be made in the future.
Article 36:
The procedure of sampling shall be determined
by a specialized inspector who shall require the three samples to be the same
and representative of the inspected lots.
Article 37:
Each sample shall be sealed with an
identification label. Such identification label shall include the following
contents:
· Name of goods as referred to
at the time of receiving for the purpose of sale, when displayed for sale, or
when sold;
· Date, time, and place of
sampling;
· Identification and address
of the person at whose place a sampling was made;
· Ordinal number of the operation
conducted by the sampling maker;
· Registration number of the
sampling given by the a public institution where the sampling maker works and
clear identification of such institution;
· Useful remarks that enable
the laboratory to realize the purpose of investigation together with specific
documents attached to the identification label; and
· Signature of the sampling
maker and manager of the sampled goods.
Article 38:
One of the three samples shall be kept under
the maintenance of the manager or owner of the products of which the sampling
was made. The inspector shall instruct about the method for maintenance of such
sample in order to preserve it in a nature that properly enables a future
analysis.
If the manager denies the storage, records of
such incident shall be written in the minute, and the sample shall be kept with
the other two by the inspector.
Article 39:
Such two samples shall be sent together with
the minute to the office of the publicly specialized institution where the
sampling maker works.
Such public institution shall accept the
samples for storage, registration and give the entry number on the
identification label and minute. Then, the institution shall send one of the
samples to the competent laboratory and the other samples shall be kept in a
proper manner.
If it is required to store them in a special
condition, both of the samples or eventually all three samples stated in
Paragraph 2 of this Law may be sent to the laboratory which has been assigned
to propose necessary measures.
Article 40:
If due to its characteristic or value a
product does not allow three samples, sampling shall be made against one sample
that applies to the whole or a portion of the product.
The provision of Paragraph 1 above shall be
applied to the products where the technical and scientific analysis may be done
only during a limited period of time which hinders or devalues subsequent
analysis.
A minute shall be prepared for such sampling
and a sample must be sealed with an identification label in the same manner as
specified by Articles 35 and 37 of this Law. Sampling shall be registered and
the sample shall be sent to or submitted to the laboratory under the procedure
stated in Article 39 of this Law.
Article 41:
Another sampling identified as an investigation
may be done for laboratory analysis or for brief identification by the
inspection institution within the scope of its specialized competence. Such
sampling shall be made in one sample.
The result of sample investigation shall be
authentic only for information and may not be used as a ground for action as
stated in Article 51 of this Law or for safe-keeping rules as provided by
Articles 52 through 58 of this Law, except for temporary withholding under
Article 53 of this Law.
Article 42:
A product sample shall be analyzed by a
public laboratory.
The public or other private laboratory which
is recognized by the competent ministry may also analyze the product samples.
Recognition of such public or private laboratory shall be done by Prakas of a
competent ministry. Such Prakas shall clearly specify the competence of these
laboratories.
Article 43:
The laboratory shall use an analysis method
determined by the competent ministry to analyze the product samples.
In case of the absence of such an analysis
method, the laboratory shall comply with analysis methods as instructed by
international procedures. Such analysis methods shall be publicized in the
analysis bulletin.
Article 44:
Upon the completion of its works, the
laboratory shall prepare an analysis bulletin which records the result of
analysis. The laboratory may make its conclusion as to the inappropriateness of
the product under this Law or provision in force if such analyzed substances
are of clarity to the competent institution.
Article 45:
If the laboratory analysis bulletin indicates
that the product sample meets the standard provided by law and a sampling
institution has no other information which indicate any deception, such
institution shall notify the interested manager of appropriateness of such
products.
Article 46:
If the analysis indicates that the product
sample meets the standard provided by law, then the method stipulated in
Articles 47 through 50 of this law shall apply.
Article 47:
If the result of laboratory analysis
indicates that the product sample did not meet the standard provided by law
after a sampling or further investigation of such product, the institution
conducting investigation shall notify a person suspected of committing an
offense about his/her liability before the court of law, and the ground for
such action shall be identified to the interested person.
The interested person has the right to
conduct a counter-analysis and appoint his/her expert within fifteen (15)
business days.
If there is no application for such right
during the above period, the result of analysis stated in Paragraph 1 shall not
be arguable except in case of force majeures which affected the manner of
response.
Article 48:
The expenses covering the expert's services
shall be borne by the person who applied for a counter-analysis. The above
expert shall be selected from the list presented by the provincial/municipal
court.
If there is no qualified expert on the above
list or in absence of such list, the person who applied for a counter-analysis
may select an expert at his/her discretion. Such selection shall be approved by
the provincial or municipal court. Such approval shall be done within seven (7)
business days.
Article 49:
The sample product kept by the sampling
registration institution shall be given to the expert as stated in Article 48
of this Law. The expert shall have a period of one (1) month to submit to the
inspection institution his/her conclusion related solely to technical
scientific aspects of such product.
If this conclusion is different from that of
the first analysis stated in Article 47, the expert and director of the
laboratory conducting the first analysis shall meet to discuss this case at the
time determined by the inspection institution. If necessary, the two parties
may jointly conduct another analysis of a third product sample. A joint report
shall be in writing and sent to such institution no later than one (1) month
after the date of such meeting.
The expert shall use one or more methods
which were used by the laboratory to verify what was decided in the first
analysis.
Article 50:
If the interested person demanded a
counter-analysis of a product having only one sample as stated in Article 40 of
this Law then the provisions of Articles 47 and 48 of this Law shall apply.
Such contingent analysis shall be done against the documents appearing as a
result of the first analysis.
The expert selected by the interested person
and director of laboratory conducting the analysis shall meet and discuss the
conclusion of the analysis at the time specified by the inspection institution.
A joint report shall be in written and sent to such institution no later than
two (2) months after the date of such meeting.
Article 51:
If a case needs to be referred to the court,
the inspector shall prepare a file of minutes, analysis bulletin, expert
reports and other testimonies if any in compliance with this Law.
Article 52:
The inspector stated in Article 27 of this
Law shall temporarily withhold, adjust, redirect, confiscate, or destroy any product
and re-adjust the services in accordance with the procedures of this Law.
Measures for re-adjustment, redirection,
confiscation, and destruction may be enforced by a competent agent only if it
is authorized by his/her institution director and approved by the prosecutor
attached to the provincial or municipal court. This provision shall not be
applied if the measures were defined in the provisions of Articles 22 through
24 of this Law.
Article 53:
A temporary withholding is a measure that
temporarily prohibits any arrangement by a manager of products that are
applicable to:
(a)
Suspected
lot of products;
(b)
Due
to a direct inspection/recording, lot of products identified as unsuitable to
standard defined by the law or products whose ordinary use/consumption may harm
the consumer's safety or health;
(c)
Any
instrument used for falsification as defined in Articles 19 and 20 of this Law.
A lot of suspected products stated in
sub-paragraph (a) of paragraph 2 above means any lot of products found to be
subject to further analysis after a direct inspection and/or after the sampling
as provided by Articles 34 through 41 of this law in order to identify whether
such products conform to the standard required by the law or an ordinary
use/consumption of such product may be harmful to consumer's safety or health.
If the result of further analysis which shall be done within no later than
fifteen (15) business days failed to identify the first suspected matter, the
temporary withholding shall be immediately released. In case of emergency, at
the request of the inspection institution only the prosecutor attached to the
provincial or municipal court is entitled to extend the period of such
temporary withholding.
In the contrary, if the product does not meet
the standard defined by the law, one of the safe-keeping measures stated in
Articles 54 through 57 of this Law shall apply.
A temporary withholding under sub-paragraph
(a), (b) and (c) above shall not be for more than fifteen (15) days and shall
be linked to one of the methods stated in Articles 54 through 57 of this Law.
When the temporary withholding is ordered by
the inspector's initiatives according to sub-paragraphs (a), (b), and (c)
above, the product manager shall have three (3) business days to make an appeal
against this measure to the director of the inspection institution.
The director shall make a final decision
within three (3) business days. Such appeal shall have no effect that releases
any temporary withholding.
In all cases, the products that are under temporary
withholding shall be put under the care of their product manager.
Article 54:
It is required that the product or service
manager carries out a proper correction in order to eliminate a defect causing
such non-compliance.
Such elimination shall include, alteration of
products, goods or services, in particular, change in product classification if
there are various categories and if it is apparent that such product may be
classified in a different category in which the products would be legal to trade.
Article 55:
A redirection of products means:
(a)
A
delivery of the temporarily withheld or confiscated products in accordance with
Articles 53 and 56 of this Law to the enterprise that is able to use or modify
such products to meet with legal requirements and the expenses shall be borne
by the product manager;
(b)
A
return of the same products to the enterprise responsible for packaging,
production, or exportation of such products where the expenses shall be borne
by the product manager.
Article 56:
A confiscation of product means a complete
deprivation of product ownership from the manager and this shall be done only
in the following cases:
(a)
A
product is recognized as inappropriate under the law and regulatory instruments
enforcing this Law based on a direct inspection and/or after the sampling
stated in Articles 34 through 40 of this Law.
(b)
If
the product manager or owner refuse to modify, redirect, or such measures
cannot be applied to such products;
(c)
Any
instrument used for falsification as stated in Articles 19 and 20 of this Law;
(d)
Any
product whose ordinary use/consumption may harm the consumer's safety or
health.
A confiscated product shall be closed and
sealed and kept under the care of the manager or if he/she refuses to do so,
the inspector shall decide a place for storage at his/her discretion.
Article 57:
The inspector may destroy or cause a
destruction or modification of the confiscated products under his/her
inspection when the products cannot be legally used or failed to meet any
standard of merchantability.
Article 58:
The methods defined in Articles 53 through 57
of this Law may be applicable only to the products managed without proper
reason at one of the locations stated in Article 29 of this Law or when the
products were displayed for sale, or have been sold or distributed free of
charge.
A minute shall be immediately prepared on the
spot by the inspector. The minute shall include a description based on the
issues defined by Article 33 of this Law and a detailed extract of methods
chosen for application and reason for choosing such methods. One copy of the
minute shall be given to the product manager or owner.
Article 59:
The procedures related to the condition of
production, handicrafts, trading, service and inspection of products, goods and
services, including those of factors as listed below shall be determined by
Anukret:
(1)
Products,
goods and services
·
Definition,
name, component, criteria, type of quality or hygiene and quantity of products;
·
Label,
form of presentation, sale, and package of products as well as quality
specification stuck to such products;
·
Conditions
for use of terminology and expression of commercial advertisement in order to
avoid the confusion and, if necessary, restrictions for commercial
advertisement that compare any product and service to others' product or
service;
·