On 6 January 2023, the Royal Government of Cambodia adopted Sub-Decree No. 13 ANKr.BK on Conditions, Formalities, and Procedures of the Investigation and Foods Recall aiming to protect and prevent negative impact on consumers' health and benefits ("Sub-Decree"). The Sub-Decree sets out (i) the obligations of food business operators; (ii) the classifications of unsafe foods or foods that are non-compliant with Technical Foods Regulations, and the procedures for food recall; and (iii) the penalties for non-compliance with the Sub-Decree.
To implement the Sub-Decree, the Ministry of Commerce issued Prakas No. 080 on Form and Formalities to Recall Unsafe Foods or Foods Non-compliant with Technical Foods Regulations ("Prakas No. 080"), which came into force on 22 February 2023.
Under the Sub-Decree and the Prakas, "Unsafe Foods" refer to foods that cause harm to the consumers' health when it is used or consumed in accordance with its directions of use. Prakas No. 080 defines "Foods Non-compliant with Technical Foods Regulations" as foods that are not compliant with (i) the documents stipulating the characteristics of the foods, and (ii) administrative regulations regarding the relevant procedures of food production, packaging, or labeling that are applicable to such foods, their operation or production.
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