Chapter 1

Initiative of Product Safety/ Enhancing of product Safety for Consumers

Any products that are intended for consumers or reasonably likely to be used
by them are required to be safe. If a product is not safe, it can cause serious and often
life-threatening injuries. Manufacturers must take action to protect consumers,
ensuring all products are safe. Consumer is a person who buys goods or services for
their own use. Product safety is a term used to describe policies designed to protect
people from risks associated with thousands of consumer products they buy and use
every day. The product safety concept reflects the attitude of people to product safety
and is reflected in product liability system. Among many products, only the food and
drug products will be presented.

1.1 Evolution of Product Liability Laws

When a product has caused loss, personal injury or death, product liability law
addresses issues of who is liable and what defences are available to the producer. The
aim of product liability law is to compensate those who have suffered, and sometimes
even to punish those who have caused the harm. It is also meant to be a deterrent to
prevent producers from selling or supplying defective products as they will have to
face legal claims which can ruin their brand reputation, as well as causing them
enormous losses if they are faced with a large group of affected consumers all
claiming together in a “class action” or another collective lawsuit.1
Before the modern product liability laws came about, the consumer was at a
disadvantage because the only causes of action available were based on contract law
1
UNCTAD, Product Safety and Labelling, 2016, p-14.
 2

or the law of negligence (tort)2 as Private Law remedies (for example through contract
or tort law), supported by the fact-finding processes and enforcement mechanisms
available through the court system, can provide a second incentive mechanism for
product suppliers mostly again for products associated with high-probability risks, but
usually only for those generating major harm. Even then, this indirect incentive effect
is often diminished by issues of ‘access to justice’, especially for individual
consumer.3
Modern product liability laws increasingly impose a strict liability regime,
which means that a person to be liable for the tort of negligence he must have been
careless: that is, he must have been at fault. People may be held liable for injuries they
have caused even though they have not acted intentionally or negligently. There are
exceptions to this, and where liability is imposed without fault 4, and the claimant does
not have to prove that the producer is at fault. All that needs to be proved is that the
product has a safety “defect” and that defect caused the loss or injury. 5 The safety of
the products of modern law is about to reduce accidents in the home that can be
prevented. Product safety systems are designed to prevent dangerous products from
reaching the market or the consumer, as well as informing the user how to use the
products safely, as intended. The need to regulate the safety of products is no longer a
source of controversy. It should be the primary goal of any policy to protect the
consumer.6
In 1985, the European Commission adopted Council Directive 1985/374/EEC,
the basic rule of the Directive is that product producers are liable for damages caused
by a defect in their products. The term "producer" is fairly broad and includes
importers and "suppliers" (e.g., distributors), although the latter may avoid liability if
they can identify "within a reasonable period of time" to the consumer who the actual
producer is.7 Article 1 proclaims that the producer shall be liable for damage caused
by a defect in his product."

2
UNCTAD, Product Safety and Labelling, 2016, p-15.
3
Luke Nottage, ASEAN Consumer Product Safety Law: Fragmented Regulation and Emergent
Product Liability Regimes in Southeast Asia, the University of Sydney Law School, 2020, p-4.
4
The Association of Business Executives, Principles of Business Law, William House,2015, p-394.
5
Erin Earley, Product Safety and Liability: A Historical Overview, In Compliance, part of Same Page
Publishing, is a multi-media entity and proudly a woman-owned business, 2021.
6
Luke Nottage & Jeannie Paterson, Consumer Contracts and Product Safety Law in Southeast Asia,
2017, p-5.
7
Andrew C. Spacone, Strict Liability in the European Union - Not a United States Analog, Roger
Williams University Law,2000, p-351.
 3

The States Parties to the present Covenant recognize the right of everyone to
the enjoyment of the highest attainable standard of physical and mental health. 8 States
need to adopt the Product Safety Mechanism for consumers to refrain from hazardous
products.
United Nations adopted the guidelines for consumer protection to take into
account the interests and needs of consumers in all Member States, particularly in
developing ones, recognizing that consumers often face imbalances in economic
terms, educational levels and bargaining power and bearing in mind that consumers
should have the right of access to non-hazardous products, as well as the right to
promote just, equitable and sustainable economic and social development and
environmental protection.
Product safety and product liability are important for achieving market access
and improving consumers' welfare. States enact consumer protection laws to protect
consumers and reduce harm caused by product defects and if the consumers can
refrain the defect products gradually, the numbers of lawsuits filed caused by product
defect under product liability laws."
China does not have a single, codified product safety law. Manufacturers and
sellers of products and other stakeholders in this area must follow legal requirements
as set out in various laws and regulations. In Civil liability, if a product causes
personal injury or property damage, the manufacturer must compensate any loss
suffered by the aggrieved party (General Principles of the Civil Law (Article 122)). In
addition, manufacturers assume strict legal liability under PRC law, which means that
they will be liable regardless of whether there are any defaults on their part, as long as
a causal link can be established. Distributors are subject to a lesser liability standard
than manufacturers, however, distributors are liable only if the product defects are the
fault of the distributors. In administrative liability, manufacturers and distributors that
fail to comply with product safety requirements face administrative liabilities. The
relevant government authorities may impose administrative sanctions on the
manufacturers and distributors, including by requesting rectification of defect,
imposing fines, ceasing the operation, and revoking the business license. In criminal
liability, if the products are found to have caused death, serious personal injury, or
serious property damage, the responsible manufacturers and distributors may be

8
Article 12, International Covenant on Economic, Social and Cultural Rights,1996.
 4

exposed to criminal liability.9 Laws and Regulations for criminal liability, e.g Article
140, Crime of Producing or Selling Fake and Inferior Product and Article 146, Crime
of Producing or Selling Product not satisfying safety standard.
In 1993, the People Republic of China (PRC) also enacted two laws enhancing
consumers' rights. (1) the Product Quality Act which aim to consumers must prove a
causal link between abnormal performance and harm and also is different from the
significant of some statute of the 1985 European Directive which was reformed as
Law of the People’s Republic of China on Product Quality of China, 2000 and (2) the
Consumer Rights Protection Law drew on the EC Directive (1985) in 1994 10 which
was reformed People's Republic of China Law on Protection of the Rights and
Interests of Consumers, 2014.
China issued important legislation on food and product safety including the
Law on the Quality and Safety of Agricultural Products in 2006; several sector-
specific regulations covering the recall of vehicles, toys, food, and drugs in 2007; and
the Food Safety Law and its implementing rules in 2009, which represented a
milestone in the formation of China’s product safety regime. These laws and
regulations responded to the public’s rising concern about product safety in China.11
Thailand enacted its Product Liability Act (in effect from 2009), also based on
the EC Directive, as well as the Consumer Case Procedure Act facilitating claims
through regular courts. Consumer Protection Act (No. 4) B.E. 2562 of Thailand is
enacted in 2019. Although there are no recent significant trends and developments in
relation to product liability and safety issues in Thailand (including in terms of
changes to the applicable laws and Supreme Court decisions which may be used as
new legal precedents), the Thai public appears to be more generally aware of product
liability and safety issues, especially in terms of the rights and protections they may
have under the law where a product liability or safety issue arises. 12 Other laws that
are most relevant to consumer protection in Thailand include the Direct Sales and
Direct Marketing Act 2002 with the updated in 2019, the Thai Product Liability Act
2008, the Consumer Case Procedure Act 2008 and; the Establishment of Consumer
Organization Council Act 2019.

9
[Link]
10
Paterson J and Tokeyley K, Consumer Guarantees, Malbon and Nottage, p-97.
11
Barbara Li, Overview of China’s Product Safety Regime, China Business Review, 2010.
12
Rod Freeman & Cooley LLP, Product Liability & Safety 2022, Chambers and Partners, 2022.
 5

The Consumer Protection Act B.E. 2522 stipulates the establishment of the
Consumer Protection Board, and Ad Hoc Committees comprising of the Committee
on Advertisement and the Committee on labels. The Act also stipulates for the
establishment of the Office of the Consumer Protection Board (OCPB) to address
consumer complaints and provide the necessary redress. The OCPB was established
in 1979. The Prime Minister is the Chairman of the OCBP and the Office of the Prime
Minister supervises the work of the OCPB which also ease coordination work with
other authorities in relation to consumer protection. 13 The Consumer Protection Act
empowers the Office of the Consumer Board (OCPB) to establish the Committee on
Product Safety. The Committee has the authority to demand the entrepreneur to
conduct testing on any goods which it suspects may be harmful to consumers and, if
appropriate, to prohibit the sale of any goods. Therefore, indirectly, the CPA allows
for the quality control of thousands of products throughout Thailand. The Unsafe
Product Liability Act B.E. 2551 (2008) provides an additional civil remedy to
consumers who incur harm from defective products by imposing strict liability on
business operators involved in the manufacture or sale of the products. This civil
remedy is in addition to tort or contract claims.14
The Product Liability Act which came into force in 2009 aims to protect
consumers who incur damage from defective or dangerous products, by imposing
strict liability on business operators involved in the manufacturing and/or sale of the
products. It addresses manufacturing defects, design defects, and warning defects (or
failure to warn). The Act imposes a strict liability standard. 15 Unlike many other
countries, Thailand has not established special consumer claims courts or small claims
courts or even small claims procedures. It chose to enact the Consumer Case
Procedure Act B.E. 2551 (2009) to specify the manner in which all consumer cases
are to be handled by the courts. The Consumer Case Procedure Act B.E. 2551 (2009)
is primarily a procedural law designed to facilitate civil actions by consumer
claimants. The Act simplified the exercise of consumer claims by changing certain

13
[Link]
14
Thanitcul, S. Thailand. L. Nottage & S. Thanitcul (Eds.), ASEAN product liability and consumer
product safety law, Bangkok: Winyuchon Publication House, 2016, pp. 250 to 251.
15
The ASEAN Secretariat, Handbook on ASEAN Consumer Protection Laws and Regulations, 2 nd
edition,2021, p-60.
 6

rules of the Civil Procedure Code.16 The Direct Sales and Direct Marketing Act B.E.
2545 (2002) is intended to regulate both direct sales and direct marketing transactions.
The Myanmar Constitution indirectly implies consumer protection because
Section 28(a) of Constitution of the Republic of the Union of Myanmar (2008)
provided that the Union shall earnestly strive to improve education and health of the
people. In principle, the Union shall earnestly strive to improve the health of the
people. The State will take care of citizens health and enact laws accordingly if
necessary. The main general law concerned with product safety is the Consumer
Protection Law (2014) was repleaded by the Consumer Protection Law (2019).
The following are additional laws directly or indirectly related to product
safety in Myanmar:
Persons who fraudulently use false instruments for weighing, or possess and
sell false weight and measurement instruments shall be punished with one year
imprisonment under Sections 264 to 267 of the Penal Code. Any person who
contaminates food or drink intended for sale, or sells noxious food or drink shall be
liable for six months imprisonment or a fine under Sections 272 and 273 of the Penal
Code. Criminal liability also arises under the Penal Code for persons using or selling
products with false or counterfeit trademarks and for making or possessing any
instrument used to produce counterfeit trademarks. Penalties range from one to three
years imprisonment under Sections 482, 483, 485 and 486 of the Penal Code.
For general claims for unsafe goods against manufacturers and others not
direct contractual relationships, consumers must sue in regular courts for negligence
based on tort law derived originally from English law. Otherwise, the Contract Act
can impact indirectly on it because contracts are the first instrument used to run
business activities.
If the clauses concerning the activities of manufacturers are broken by one of
parties, he or she must compensate to the party who suffers loss or damage as a result
of such breach. The Contract Act, 1872 provided for contractual relationships
between two or more parties, individuals, companies or governments. It deals with all
aspects of contracts such as formation, performance, indemnities and guarantees,
bailment and agency.17 In general, all agreements are contracts if they are made by the
16
UNCTAD, Voluntary peer review of consumer protection law and policy: THAILAND, United
Nations, 2022, p-16.
17
Luke Nottage & Sakda Thanitcul, ASEAN Product Liability and Consumer Product Safety Law,
Winyuchon,2016, p-178.
 7

free consent of parties competent to contract for lawful consideration and with a
lawful object. Under
Section 14 of Myanmar Contract Act, consent is said to be free when it is not caused
by coercion, undue influence, fraud, misrepresentation or mistake, subject to some
provisions. A person to whom money is paid or anything delivered by mistake or
under coercion must repay or return what was received. Consent is invalid when it
would not have been given but for the existence of such coercion, undue influence,
fraud, misrepresentation or mistake. If the contract is entered into by coercion, undue
influence, fraud, misrepresentation or mistake, one party can claim compensation for
any loss and damage resulting from the non-performance or the breach of the
contract.18
The new Consumer Protection Law (Myanmar) 2019 was passed in 2019
which replaces the 2014 version and regulates the rights and obligations of consumers
and producers, mechanisms for resolving disputes between consumers and
entrepreneur, and sets out clear roles and responsibilities of the Consumer Protection
Commission and contains mandatory labeling requirements for goods and refines
Product Labelling Notification 1/2018 and 1/2019 issued by the Central Committee
for Consumer Protection. The provisions require entrepreneurs to provide information
or instruction on the type of the product, size, quantity and net amount, storage
guideline, side effects, allergic precaution and warnings of the goods stating either in
Myanmar language or jointly in Myanmar and other languages. In addition, the
accompanying Directive No. (2/2019) on Labeling was issued by the Myanmar
Consumer Protection Commission. The new consumer protection law aims to provide
more protection by ensuring the protection of consumers rights, and take action
against violations of consumer rights. The law will also ensure fair trade and the free
flow of information in the market.19
In 2020, the Organization for Economic Co-operation and Development
(OECD) adopted the Recommendation on Consumer Product Safety which outlines
the key elements that should be at the core of consumer product safety frameworks at
domestic and international levels. Especially, it calls for frameworks that: provide for
a consumer right to safe products and rapid alerts when unsafe products are on the

18
Rémi Nguyen, Consumer Protection in Asia, Hart Publishing, 2022, p-192.
19
[Link]
 8

market or are the subject of a ban or a recall. 20 Article 2 of Consumer Product Safety
Policy Frameworks of OECD recommends that adherents work with businesses and
consumer representatives and other civil society organizations (hereafter “other
stakeholders”) in a transparent and inclusive manner, to promote and implement, at
domestic and international levels, effective policy frameworks relating to consumer
product safety. To that effect, in their frameworks, Adherents should
1. Include measures in order that businesses:21
(a) Place safe products on the market and consider and manage risks to the
safety of such products throughout their lifetime, in particular at the design,
manufacture, distribution, use and disposal stages;
(b) Do not supply to consumers unsafe products that pose an unreasonable risk
to the health or safety of consumers in reasonably normal or foreseeable use
or misuse;
(c) Implement, without delay, appropriate corrective measures (including
product withdrawals and recalls), and take all the necessary steps to notify
the relevant government bodies and consumers in instances where
businesses should have known, or where they become aware, that the
products they placed on the market are unsafe.
2. Establish and maintain government bodies that have the authority and power to
investigate and take action to protect consumers from unsafe products, including
requiring businesses to withdraw, recall or adopt any other appropriate corrective
measures against unsafe products, and to issue market withdrawal and recall
notices. Such government bodies should have the resources and technical expertise
to exercise their power appropriately and effectively. In addition, policy
frameworks should be reviewed, when needed, to ensure they remain effective.
3. Provide government bodies with powers to make public final product safety
decisions affecting businesses and, where possible, any final measures or
commitments given by businesses.
4. Consider, where appropriate, establishing an alert system at domestic level to
enable government bodies to identify and swiftly exchange information about
unsafe products including, where possible, with their foreign counterparts.
8. Include measures in order that businesses:

20
OECD, Recommendation on Consumer Product Safety, 2020.
21
Article 2, Consumer Product Safety Policy Frameworks of OECD, 2020.
 9

(a) Inform consumers about ways to report consumer product safety problems, as
appropriate;
(b) Provide consumers, via appropriate communication channels;
(c) Make available all safety-related information necessary for consumers.
10. Encourage businesses to systematically take safety into account in the design,
quality assurance, production and supply of consumer products, including in risk
assessment and risk management, and to consider how they might need to
respond if a product is found to be unsafe before or after it is placed on the
market.22
Article 2 (2) of Directive 2001/95/EC of the European Parliament and of the
Council on general product safety, 2001 provided that a product shall be deemed safe,
as far as the aspects covered by the relevant national legislation are concerned, when,
in the absence of specific Community provisions governing the safety of the product
in question, it conforms to the specific rules of national law of the Member State in
whose territory the product is marketed, such rules being drawn up in conformity with
the Treaty23, and in particular Articles 28 and 30 thereof, and laying down the health
and safety requirements which the product must satisfy in order to be marketed.
In 2021, the European Commission (EC) proposed revisions to the 20 years
old General Product Safety Directive (GPSD) by virtue of the General Product Safety
Regulation (GPSR). The GPSR identifies various areas of improvement including
market surveillance, product recalls, cybersecurity, online marketplaces and new
technologies. Every country's product liability and product safety laws are reforming
and enacting to get better as new laws for product safety for consumers.

1.2 Definition and Classification of Product

Everybody needs to know definition of product and classification of product
for product safety.
Definition of Product
The Products means anything manufactured, constructed, created, assembled,
installed, grown, extracted, produced or processed, treated, altered, modified,
repaired, serviced, bottled, labelled, handled, sold, supplied, re-supplied or
distributed, imported or exported, including any packaging or containers (other than a

22
Article 2, Consumer Product Safety Policy Frameworks of OECD, 2020.
23
Article 2 (2), Directive 2001/95/EC of the European Parliament and of the Council on general
product safety, 2001.
 10

Vehicle) thereof, including the design, formula or specification, directions, markings,

instructions, advice, etc.24 Product safety is a term used to describe policies designed
to protect people from risks associated with the thousands of consumer products they
buy and use every day and it is the capacity of a product to be considered safe for its
intended use.
The definition of product including goods and service are different in one
country to another. Goods means objects that are purchased, used or consumed aiming
at a consumer or other persons. In this expression, the financial negotiable
instruments, stocks and shares, debentures and money, etc. are also included; service
means an act that fulfills the need of a consumer in the form of work or performance
with or without consideration.25 “Product” means one which is processed or
manufactured for sale.26 “Dangerous goods” means goods that cause or may cause
danger to life, body, health, mental state, or property. This does not include goods
with other laws already legislated specifically on their concerns. “Products” means
any kind of movable properties manufactured or imported for sale including
agricultural products and electricity except the products specified in the Ministerial
Regulations.27 “Dangerous services” means services that cause or may cause danger to
life, body, health, mental state, or property. This does not include services with other
laws already legislated specifically on their concerns.28
Classification of Products
Regulation of trade in goods depends on their classification. If there were no
classification rules, the exchange in trade in goods would be very slow and intricate.
Without There is no specific provision for product classification.
The classification of goods has three main purposes such as -
(i) Facilitating Commercial Transactions and the Negotiation of Trade Agreements
The primary purpose of customs classification is to facilitate commercial
transactions by establishing a common language. Without this language, exporting,
for example, avocados from Mexico to Russia would be much more challenging.
Even among those who speak the same language, communication would be much
more complex, thus, hindering commercial transactions. In the same vein, if each

24
[Link]
25
Section 2 (d) and (e) of the Consumer Protection Law of Myanmar, 2019.
26
Article 2, the Law of the People’s Republic of China on Product Quality, 2000.
27
Section 4, the Product Liability Act B.E. 2551 of Thailand, 2009.
28
Section 29/1, Consumer Protection Act (No. 4) B.E. 2562 of Thailand, 2019.
 11

country were to have its own criteria for classifying goods, trade negotiations for
establishing tariffs and common applicable rules to goods would be problematic.
(ii) Collecting Data
Agreed customs classification is paramount in developing a record of all trade
statistics. In 1959, the Convention on Nomenclature for the Classification of Goods in
Customs Tariffs (HS Convention) entered into force and was reviewed alongside the
Tariff Nomenclature. Standard International Trade Classification (SITC) (maintained
by the United Nation) method of product classification of products and services acts
primarily as a trade statistic for both exports and imports; allowing comparisons
between countries and different periods. The SITC decides neither duties nor tariffs
paid during the customs process, but purely supports statistical data. The SITC is
unique, as it focuses on the various stages of product development (raw materials,
intermediate goods and final goods).29
(iii) Regulating Trade
A common misunderstanding is that customs classification is only relevant
when dealing with tariffs. However, in practice, most regulations in trade in goods
have a close link with customs classification. For instance, although anti- dumping or
countervailing duties are imposed on imports of a specific product, the description of
such product is based on its customs classification. Import or export restrictions (such
as quotas or licences) are also typically specified in accordance with their customs
classification.
The WCO administers and updates the Harmonized Commodity Description
and Coding System (Harmonized System or HS), which entered into force in 1988.
The Harmonized System nomenclature comprises six- digit codes (subheadings). This
means that all countries share the same classification or nomenclature of their goods
up to six- digit codes. Nonetheless, each country may add two or four more digits to
each good digit code, depending on the needs of each country to administer or
monitor imports or exports.
Given the importance of customs classification for international trade, the
WCO and WTO have a close relation. Cooperation exists between the WCO and the
WTO bodies responsible for market access, such as customs valuation, rules of origin,
or trade facilitation. The GATT Contracting Parties to use the Harmonized System as

29
Department of Economic and Social Affairs, Standard International Trade Classification
Revision 4, 2006.
 12

the basis for their WTO Schedules,’ constituted an ‘agreement’ between WTO
Members ‘relating to’ the WTO Agreement that was ‘made in connection with the
conclusion of that Agreement, within the meaning of Article 31(2)(a) of the Vienna
Convention on
the Law of Treaties (VCLT).
The Nice Classification (NCL), established by the Nice Agreement (1957), is
an international Classification of goods and services applied for the registration of
marks. A new edition is published every five years and, since 2013, a new version of
each edition is published annually. The current version is the 2023 version of the
twelve editions. It entered into force in January 1, 2023.30
According to the above-mentioned definition and classification of products,
there is no inserted definition of products such as goods and service in People's
Republic of China Law on Protection of the Rights and Interests of Consumers (2014)
and Consumer Protection Act of Thailand (No. 4) B.E. 2562 (2019). But only
mentioned in Consumer Protection law of Myanmar (2019); goods mean objects that
are purchased, used or consumed aiming at a consumer or other persons and service
means an act which fulfills the need of a consumer in the form of work or
performance with or without consideration.

1.3 The Scope of Product Safety for Consumers

Product safety laws can be further divided into the following two categories: 31
Specific product safety laws that are based on public law, used for controlling the
safety of specific products which relate to the daily lives of consumers. Examples are
laws regarding drugs, foods, and drinks, medical devices, cosmetics and so on.
General product safety laws that are public law and used for controlling the safety of
general products which are not covered in the specific product safety laws.
There are many government ministries and private sector organizations that
monitor and implement specific product safety measures in every State. Under the
aegis generally to secure safe products and services. The mentioned key laws relating
to product safety and liability for foods and drugs.
There are also regulations on food products like Food Safety Law of the
People’s Republic of China was promulgated in 2009, and amended in 2015, 2018
30
[Link]
31
Luke Nottage & Sakda Thanitcul, ASEAN Product Liability and Consumer Product Safety Law,
Winyuchon,2016, p-276.
 13

and 2021 respectively. This Law aims to ensure food safety and safeguard the
physical health and life safety of the public. 32 Article 2 of this law engaging in the
following activities in the territory of the People's Republic of China shall abide by
this Law; food production and processing (hereinafter referred to as “food
production”) and food sales and catering services (hereinafter referred to as “food
trade”), production of and trade in food additives, production of and trade in packing
materials, containers, detergents, and disinfectants for food and utensils and
equipment for food production and trade (hereinafter referred to as “food-related
products”), use of food additives and food-related products by food producers and
traders, storage and transport of food, safety management of food, food additives, and
food-related products. The quality and safety management of edible primary products
sourced from agriculture (hereinafter referred to as “edible farm produce”) shall be
governed by the Farm Produce Quality and Safety Law of the People's Republic of
China. However, the marketing of edible farm produce, the development of relevant
quality and safety standards, the release of relevant safety information, and, as
provided for by this Law, agricultural inputs, shall be governed by the relevant
provisions of this Law.33
Agricultural Product Quality Safety Law of China, 2006 which applies to
plants, animals, microbes and their products, which are obtained from agricultural
activities. For the purposes of this Law, the quality and safety of agricultural products
mean that the quality of agricultural products meet the requirements for ensuring
human health and safety. This Law is enacted in order to ensure the quality and safety
of agricultural products, maintain the health of the general public, and promote the
development of agriculture and rural economy. 34 For the purposes of this Law,
agricultural products means the primary products from agriculture, i.e., the plants,
animals, microorganisms and their products obtained in the course of agricultural
activities.35
In Food Act of Thailand B.E. 2522 (1979), “food” means edible items and
those which sustain life: (1) Substance can be eat, drunk, sucked or gotten in to the
body either by mouth or by other means, no matter in what form, but not including
medicine, psychotropic substances, narcotic under the law as the case may be. (2)
32
[Link]
33
Article 2 (1) to (6), Food Safety Law of the People’s Republic of China, 2021.
34
Article 1, Agricultural Product Quality Safety Law of China, 2006.
35
Article 2, ibid.
 14

Substance intended for use or to be used as ingredients in the production or food

including food additive, colouring matter and flavouring: “controlled foods” means
foods published in the Government Gazette by the Minister as the quality or standard
control food; “Food recipe” means list of substance which is used as ingredients in the
production of food in a specified content. 36 The aim of the Food Act of Thailand B.E.
2522 (1979) is to promote consumer safety through controlling the quality and
standards of foods as well as their packaging. This Act provides for various matters
relative to food safety and hygiene, food production, trade in food, and administration
of these matters’ safe foods in the context of this legislation means pure and authentic
foods which are not against the standards, and which do not contain dangerous
ingredients. This Act also provides those safe foods must be produced and maintained
in hygienic conditions, and must not contain contagious diseases from animals or be
kept in containers/packaging which might harm health.37
The Agricultural Standard Act of Thailand B.E. 2551 (2008) was enacted
because, at the time it was passed, there was a strategy in place to develop agricultural
products in Thailand in order to meet global standards. However, prior standards for
agricultural products, both those made in Thailand and imported from overseas, were
not enforced. This caused a reduction in the quality of agricultural products and harm
to consumers. This failure also led to a lack of credibility, which in turn affected
businesses dealing with agricultural products in Thailand.
In Myanmar, Section 2 (a) of the National Food Law of Myanmar, 1997
describes "food" as "edible things those human beings can readily eat or drink,
ingredients included therein and food additives except for drugs". It further explains
that the expression "food" "includes things determined as food by the Ministry of
Health by notification from time to time". It is clear that these laws are intended to
protect public health and to enhance product safety and liability. This is evident from
the purpose of the laws. The aims of the National Food Law are to enable
consumption of food of genuine quality, free from danger, to prevent the public from
consuming foods that may cause danger or are injurious to health, to supervise the
production of controlled food systemically and to control and regulate the production,
import, export, storage, distribution and sale of food systematically.38
36
Section 4, Food Act of Thailand B.E. 2522, 1979.
37
Luke Nottage & Sakda Thanitcul, ASEAN Product Liability and Consumer Product Safety Law,
Winyuchon,2016, p-277.
38
Section 3, National Food Law of Myanmar, 1997.
 15

Article 1 of the Drug Administration Law of the People's Republic of China is

enacted for the purpose of strengthening drug administration, ensuring the quality of
drugs, safeguarding the drug safety and lawful rights and interests of the public, and
protecting and promoting public health. Article 2 provided that this Law shall apply to
drug development, production, distribution, use and supervision and management
activities within the territory of the People's Republic of China. The term “drugs” as
mentioned in this law refers to substances used for the prevention, treatment and
diagnosis of human diseases, purposefully regulating human physiological functions
and specifying indications or functional indications, usage and dosage, including
traditional Chinese medicines, chemical medicines and biological products. Drug
management should center on people's health, adhere to the principles of risk
management, whole-process control, and social co-governance, establish a scientific
and strict supervision and management system, comprehensively improve the quality
of drugs, and ensure the safety, effectiveness, and accessibility of drugs.39
Pharmaceutical Administration Law of Thailand, 2001 which applies to the
research, production, trade, use, supervision and management of pharmaceuticals.
Article 1 of this law is formulated to enhance the supervision and control of
pharmaceuticals, ensure their quality, guarantee safety in medication, and safeguard
the health and legal rights and interests of the people. The purpose of the Drug Act of
Thailand B.E. 2510 (1967) is to control the business relating to the production of
drugs, the sale of drugs and the import of drugs for sale in Thailand, and to provide on
regulations pharmacists who are responsible for the sale of dangerous drugs. A safe is
a drug that is safe to the user, that complies with the standards, and which does not
deteriorate, unregistered or withdrawn from registration.40 Section 4 (c) of the Drug
Act of Thailand defined “modern drug” means a drug intended for use in the practice
of modern medicine or healing arts or the cure of an animal disease; and “traditional
drug” means a drug intended for use in the practice of the traditional healing arts or
the cure of an animal disease which appears in a pharmacopoeia of traditional drug
notified by the Minister, or a drug notified by the Minister as a traditional drug, or a
drug of which formula has been registered as that of a traditional drug.41

39
Article 3, Drug Administration Law of the People's Republic of China, 2019.
40
Luke Nottage & Sakda Thanitcul, ASEAN Product Liability and Consumer Product Safety Law,
Winyuchon, 2016, p-277.
41
Section 4(c), the Drug Act of Thailand B.E. 2510 (1967), 2019.
 16

In addition to the Drug Act B.E. 2510 (1967) and Food Act B.E. 2522 (1979),
there are other specific product laws in Thailand, namely, the Medical Device Act and
the Cosmetics Act. These laws are enforced by the Ministry of Public Health.
"Drug" is defined in the National Drug Law of Myanmar, 1992. Section 2 (b)
of the said Law states that "drug means a substance for use, whether internal or
external, in the diagnosis, prevention and treatment of disease, birth control or for any
beneficial effect in human beings and animals". In addition, "this expression includes
a substance determined as a drug by the relevant Ministry by notification from time to
time."42
Furthermore, the Traditional Drug Law of Myanmar, 1996 provides, in
Section 2 (a), that 'traditional drug’ means a local concoction for use either directly or
indirectly, whether internally or externally, in the diagnosis, prevention and treatment
of diseases, promotion of health or for any beneficial effect in human beings and
animals.43 Accordingly, not only the National Drug Law but also the Traditional Drug
Law legislates for both human beings and animals while the National Food Law only
regulates human beings. The Control of Smoking and Consumption of Tobacco
Product Law of Myanmar (2006) was enacted to protect people from the danger of
tobacco products.
The Ministry of Agriculture and Irrigation of Myanmar is designated as the
National Plant Protection Organization ("NPPO") and it is responsible for issuing
phytosanitary and import certificates for plant products. The Ministry is also
responsible for the inspection of such products and their authorization to enter the
country. The Pesticide Law,1990 calls for the formation of the Registration Board
under the guidance of the Myanmar Department of Agriculture. The Board's role is to
test pesticides' or active ingredients' labelling claims as well as their bio-efficacy on
the crops. For pesticide residue on food, a Pesticide Analytical Laboratory under
MOA has been legally recognized and is carrying out activities related to residue
survey and International Development has provided technical assistance in the field of
Phytosanitary monitoring in agricultural food commodities.44
The Pesticide Law (1990), in relation to product liability, provides that any
person who, without a permit or license, imports or exports the pesticide or toxic
42
Section 2(b), the National Drug Law of Myanmar, 1992.
43
Section 2 (a), Traditional Drug Law of Myanmar, 1996.
44
Luke Nottage & Sakda Thanitcul, ASEAN Product Liability and Consumer Product Safety Law,
Winyuchon,2016, p-186.
 17

substances, engages in an enterprise compounding and selling pesticide or toxic

substances, engages in an enterprise selling repacked prepared mixtures of pesticide
imported into the country, sells pesticide or toxic substances and employs children of
16 years and under, pregnant women, or nursing mothers in handling or in the use of
pesticide, shall be liable to punishment.
In order to ensure safety in the use of fertilizer in agricultural sectors, the
Fertilizer Law was enacted in 2002. This Law prohibits the compounding, mixing,
repackaging or storing of fertilizer for commercial purposes without a license; the
production, importation or exportation of fertilizer for commercial purposes without a
registration certificate; the sale of fake fertilizer or fertilizer not in conformity with
original specifications; and the sale of fertilizer mixed with toxic substances. 45
The definition of product safety and legislation for one of products are slightly
different by each country in China, Thailand and Myanmar. As product safety is
important in any country, everybody must follow all applicable laws.

1.4 Rights and Duties of Consumers

The United Nations Guidelines for Consumer Protection, 2015 recognize
consumers’ right of access to non-hazardous products. Member States should, as
appropriate, formulate or promote the elaboration and implementation of standards,
voluntary and other, at the national and international levels for the safety and quality
of goods and services and give them appropriate publicity. National standards and
regulations for product safety and quality should be reviewed from time to time in
order to ensure that they conform, where possible, to generally accepted international
standards.46 A 'consumer' might be generally understood as a purchaser of goods and
services for the personal satisfaction of themselves or other members of their
households, as distinct from use to generate further income. 47 Consumer protection is
designed to protect individual rights in the pursuit of considerate treatment and
dignity. Consumer rights are part of the range of social rights which individuals are
entitled to claim in a modern society.48

45
Luke Nottage & Sakda Thanitcul, ASEAN Product Liability and Consumer Product Safety Law,
Winyuchon,2016, p-187.
46
Article 33, the United Nations Guidelines for Consumer Protection, 2015.
47
The ASEAN Secretariat, Handbook on ASEAN Consumer Protection Laws and Regulations, 2 nd
edition,2021, p-3.
48
UNCTAD, Manual on Consumer Protection, 2016, p-6.
 18

The United Nations’ Guidelines for Consumer Protection (UNGCP), a set of

principles first adopted by the UN General Assembly, sets out the main characteristics
of effective consumer protection legislations, enforcement institutions and redress
systems, and recognizes eight basic consumer rights and responsibilities.
The eight kinds of basic consumer rights are as follows49 -
1. The right to satisfaction of basic needs means to have access to basic, essential
goods and services: adequate food, clothing, shelter, health care, education,
public utilities, water and sanitation.
2. The right to safety means to be protected against products, production
processes and services which are hazardous to health or life.
3. The right to be informed means to be given the facts needed to make an
informed choice, and to be protected against dishonest or misleading
advertising and labelling.
4. The right to choose means to be able to select from a range of products and
services, offered at competitive prices with an assurance of satisfactory
quality.
5. The right to be heard means to have consumer interests represented in the
making and execution of government policy, and in the development of
products and services
6. The right to redress means to receive a fair settlement of just claims, including
compensation for misrepresentation, shoddy goods or unsatisfactory services.
7. The right to consumer education means to acquire knowledge and skills
needed to make informed, confident choices about goods and services, while
being aware of basic consumer rights and responsibilities and how to act on
them.
8. The right to a healthy environment means to live and work in an environment,
which is non-threatening to the well-being of present and future generations.
There are responsibilities of consumer as follows50 -
1. Critical awareness is that the responsibility to be more alert and questioning
about the use of, and the price and quality of goods and services we use.

49
The ASEAN Secretariat, Handbook on ASEAN Consumer Protection Laws and Regulations, 2 nd
edition,2021, p-4.
50
The ASEAN Secretariat, Handbook on ASEAN Consumer Protection Laws and Regulations, 2 nd
edition,2021, p-4.
 19

2. Action is that the responsibility to assert ourselves and act to ensure that we
get a fair deal. As long as we remain passive consumers, we will continue to
be exploited.
3. Social concern is that the responsibility to be aware of the impact of our
consumption on other citizens, especially disadvantaged or powerless groups,
whether in the local, national or international community.
4. Environmental awareness is that the responsibility to understand the
environmental consequences of our consumption. We should recognize our
individual and social responsibility to conserve natural resources and protect
the earth for future generations.
5. Solidarity is that the responsibility to organise together as consumers to
develop the strength and influence to promote and protect our interests.
The Law on the Protection of Rights and Interests of Consumers in the
People’s Republic of China was revised for the first time after 20 years of existence,
having the new Consumer Law entered into force on 15 March 2014. In this Law,
Consumers enjoy the right to not suffer injury to their person or property when
purchasing or using goods or receiving services, the right to know the true
circumstances of goods they purchase or use, or services they receive, the right to
independently select goods or services, the right to independently select goods or
services, the right to receive compensation Where consumers suffer harm to their
person or property from their purchase or use of goods or receipt of services, Where
consumers suffer harm to their person or property from their purchase or use of goods
or receipt of services, the right to gain knowledge regarding consumption and the
protection of consumer rights and interests and so on.51
Consumer Protection Act BE 2522 of Thailand (1979) was the first consumer
protection law enacted in Thailand. It has been amended three times, in 1998, in 2013
and in 2019. The Act declares the right of consumers to information, choice, safety,
fair contracts, redress and compensation, with the proviso that this shall be as
provided by the law with regard to particular matters or by the Act. It regulates four
areas, namely, advertisements, labels, contracts and product safety, when its

51
Articles 7 to 15, Law on Protection of the Rights and Interests of Consumers, People's Republic of
China, 2014.
 20

provisions do not repeat or are not contrary to those of other laws. Food and drugs, for
instance, are not covered by the Act.52
In Myanmar, the Consumer Protection Law 2014 was replaced by the
Consumer Protection Law 2019. (b) Consumer means a person who purchases, uses,
obtains, rents or receives the goods or services not for trading or vocation but for the
purpose of personal consumption, or another person. The consumers have the right to
use goods or services safely. According to this 2019 Law, the rights of the consumer
are obtaining the satisfaction on the basic needs related to goods or services; having
the right to use goods or services safely; having the right to know information
correctly and completely, and obtain the receipt or document in buying and using the
goods or services; having the right to choose and buy the goods or services in the
market satisfactorily; having the right to explain and complain the matters related to
consumer damage; having the right to remedy for damage arising from the purchase
and consumption of goods or services; having the right to study the knowledge, rights
and required information in respect of goods or services; having the right to live in the
decent living standard and environment not only in the present but also for future
generations.53
The duties of the consumer are complying with the information and guidelines
regarding goods or services; paying the agreed price in purchasing the goods or
services; avoiding the false accusation and act intended to the detriment of
entrepreneurs; avoiding the false statement in the form of saying, writing and acting in
order to cause the detriment of relevant entrepreneurs by means of the social media or
by other means while settling the consumer dispute.54
As consumers, when they purchasing goods and services according to their
needs, need to get safety products and be satisfied. They must have purchasing and
consumption knowledge about products because they facing with some of the
problems such as the prices gap in buying, selling mixed items, dropping lack of
quality, incorrect information, conducting trade practices, non-compliance with the
standard and so on. They should well know to complaint upon unsatisfied matters for
product safety. To be used safety products, there are three main persons have

52
United Nations Conference on Trade and Development (UNCTD), Voluntary peer review of
consumer protection law and policy of Thailand, 2022, p-3.
53
Section 19 (a) to (h), the Consumer Protection Law of Myanmar, 2019.
54
Section 20 (d), ibid.
 21

responsible such as inspectors from relevant ministries depend upon the products to
inspect the products, entrepreneurs and consumers.

1.5 Responsibilities of the Business Owners, Business Operators and the

Regulators
Business Owners, Business Operators and the Government have responsible
for product safety in every country. In here, business owner who is focused on making
decisions for and profiting from the business such as entrepreneurs, proprietors and
business operators are professionals who oversee the general operations of a company
on behalf of the business owner such as producers, manufacturers, and sellers.
Everyone has the right to life, liberty and security of person. 55 Its mean
everyone has the right to live in safety in goods and services which can be consumed.
And also, everyone has the right to a standard of living adequate for the health and
well-being of himself and of his family, including food, clothing, housing and medical
care and necessary social service.56 The safety of food and equate of healthy is one of
human rights. Business Owners, Business Operators and the Government responsible
for product safety to follow human rights. Article 13 (b) of the guiding principles on
business and human rights provided that the business enterprises seek to prevent or
mitigate adverse human rights impacts that are directly linked to their operations,
products or services by their business relationships, even if they have not contributed
to those impact.
In People's Republic of China, proprietors shall ensure that their provided
goods or services meet the requirements for the safety of persons and property. For
goods and services which may endanger the safety of persons or property, proprietors
shall provide consumers with truthful explanations and clear warnings, and explain
and indicating the correct methods for using goods or for receiving services as well as
methods for preventing damage. Proprietors in hotels, shopping centers, restaurants,
banks, airports, stations, ports, theaters, and other such business premises shall fulfill
their obligations to guarantee the safety of consumers as much as possible.57
Where proprietors discover defects, which may endanger the safety of persons
or property in their goods or services they provided, they shall immediately report this
55
Article 3 of the Universal Declaration of Human Rights, 1948.
56
Article 25 of the Universal Declaration of Human Rights, 1948.
57
Article 18, the People's Republic of China Law on Protection of the Rights and Interests of
Consumers, 2014.
 22

to the relevant administrative departments and inform consumers; and also take
measures such as stopping sales, issuing warnings, making a recall, eliminating the
harm, destroying (the goods), or stopping production or stopping service. If the recall
measure is taken, proprietors shall reimburse consumers for expenses necessarily
incurred in the recall of goods.58
Article 20 of the People's Republic of China Law on Protection of the Rights
and Interests of Consumers (2014), proprietors shall provide consumers with true and
complete information on traits such as the quality, performance, use, and duration of
goods or services; and must not conduct any false or misleading publicity. Proprietors
shall provide truthful and clear answers to questions from consumers regarding the
quality and usage of their goods or services they provided. Proprietors shall clearly
mark the prices of goods or services they provide.
Article 23 of the People's Republic of China Law on Protection of the Rights
and Interests of Consumers (2014), proprietors shall guarantee the quality,
performance, use, and effective period for goods or services they provided in
circumstances of their normal use or receipt, except where consumers knew of
existing defects before purchasing the goods or receiving the services and the
existence of the defects does not violate the mandatory legal provisions.
Article 3 of the Law of the People’s Republic of China on Product Quality
(2000), producers and sellers shall establish and improve their internal system for
product quality control, and strictly apply the quality standards for jobs, the quality
responsibility system and the related check measures. Article 7 of this Law provided
that people’s governments at various levels shall incorporate the improvement of
product quality into their plans for national economic and social development,
improve their overall planning, organization and leadership in respect of product
quality, provide guidance to producers and sellers and urge them to tighten control
over product quality and improve product quality, ensure that the government
departments concerned will, in accordance with law, take measures to stop any
violations of this Law committed in the process of manufacture and sale of products,
and guarantee that this Law is implemented.
Under Article 8 of the Law of the People’s Republic of China on Product
Quality (2000), the department for supervision over product quality under the State
Council shall be responsible for supervision over product quality throughout the
58
Article 19, ibid.
 23

country. The relevant departments under the State Council shall be responsible for
supervision over product quality within the scope of their respective functions and
responsibilities.59 Articles 26 to 32 of the Product Quality Law of China set out
regulations for product safety. Government departments also issue national and
industry standards related to product safety, including the National Food Safety
Standards, Organic Product Standards and the Pharmacopeia of China. General
regulators of product safety include state product quality supervision and
administration departments contain the General Administration of Quality
Supervision, Inspection and Quarantine for central government and regional product
quality supervision and administration departments. Main functions include to
supervise and administer quality of commodities and the safety of food in circulation;
punish illegal activities in production of counterfeit and substandard commodities (see
Notice of the General Office of the State Council on Issuing the Provisions on the
Main Functions, Internal Bodies and Staffing of the General Administration of
Quality Supervision, Inspection and Quarantine. Industry and commerce
administration departments, including State Administration for Industry and
Commerce for central government and regional industry and commerce
administration departments. Main functions include to supervise product quality and
safety; punish illegal activities related to product quality, inspect conduct health
quarantine on exit-entry commodities. There are specific government departments
responsible for administration for some specific products such as China Food and
Drug Administration and regional food and drug supervision and administration
departments for food and drugs, Ministry of Agriculture and regional agriculture
administration departments for pesticides.60
Local departments for supervision over product quality at or above the county
level shall be in charge of supervision over product quality within their respective
administrative regions. The relevant departments in the local people’s governments at
or above the county level shall be responsible for supervision over product quality
within the scope of their respective functions and responsibilities.
Where laws provide otherwise with respect to departments for supervision
over product quality, the provisions of such laws shall apply.

59
Article 8, the Law of the People’s Republic of China on Product Quality, 2000.
60
Honghuan Liu and Xi Zhou, Product liability and safety in China: overview, Thomson Reuters
Practical Law, 2018, p-6.
 24

In Thailand, the Consumer Protection Act (No. 4) B.E. 2562 of Thailand,

2019, strengthens the law relating to the safety of products and services. The act
ensures that the consumer is better protected by in part imposing more penalties on
business operators who fail to comply with the requirements. It is therefore important
for business operators to understand the requirements of the new act.61
The entrepreneur must not produce, order, or import into the Kingdom to sell
for sale goods that are dangerous, and must not recommend or advertise said goods. 62
The entrepreneur who is a seller or who buys to for resell goods or who buys the
goods to be used in services, which are goods or services according to Section 29/4,
must set up the following measures in order to prevent or eliminate the risk
concerning the goods on sale or the goods being used in services; (1) disclosing to the
buyer or the consumer information concerning the risk of the goods sold or being put
into services that the entrepreneur received from the producer, importer, seller, or
reseller including information or documents in the possession of the entrepreneur. (2)
keeping document necessary for tracking the origin of the goods that were sold or
being put into services, such as names and details of the producer, importer, seller, or
reseller of said goods that were sold or being put into services. Said documents must
be presented to the Board, concerning safety per its request. The entrepreneur
according to Paragraph 1 must cooperate with the producer, importer, seller, and
officials to prevent or eliminate the risk concerning the goods sold or being put into
services.63
In the case where the entrepreneur of goods or services under Section 29/4 and
Section 29/5 has a reasonable cause to suspect that the goods or services could be
dangerous, said entrepreneur may alert the producer, the importer, the seller, the
reseller, or the service provider as well as advertiser, consumers, and the general
public.64
In the case where the entrepreneur found or is informed according to Section
29/6 Paragraph 2 that the goods or services that they produce, import, sell, or possess
for sale or provide service are dangerous goods or services, the entrepreneur must
operate to prevent or eliminate the danger of said goods or services, such as adjust or
improve the goods or services, change the goods or the methods of providing the
61
[Link]
62
Section 29/3, Consumer Protection Act (No. 4) B.E. 2562 of Thailand, 2019.
63
Section 29/5, Consumer Protection Act (No. 4) B.E. 2562 of Thailand, 2019.
64
Section 29/6, ibid.
 25

services, recall and compensate for the goods, remove the goods from the market or
discontinue the services and report the results of the operation in letters to the Office
of the Consumer Protection Board without delay, but not exceeding five days since
the first day of operation, along with the details concerning the goods and services,
the characteristics of the danger, and the measures that the entrepreneur has
implemented to prevent the danger. The Board, concerning safety, may announce
rules and modality of operation according to Paragraph 1.65
The Office of the Consumer Protection Board (OCPB) was established OCPB
to protect and enforce those rights under the Consumer Protection Act of B.E. 2522
(1979) (as amended in 2019). These general rights are given concretely under this
Act. It creates several statutory rights for consumers and provides for the expression
through provisions in the Act relating to advertising, labelling and contracts. The Act
requires that the OCPB establish three specialist committees to be responsible for
overseeing and enforcing the law in each of those three areas. The Act stipulates that
the Prime Minister shall be the chairperson of the CPB. However, in practice, the
Prime Minister does not attend its meetings and pursuant to this Act, its members
elect from amongst themselves a chair who chairs the meeting. The composition of
the Board was amended by the version of the CPA enacted in 2019 (the CPA 2019).
As originally worded, the members were senior civil servants of the relevant
Ministries and “not more than eight qualified persons appointed by the Council of
Ministers”. It has now been clarified that the eight persons are required to be experts
in consumer protection from the academic, civil society and business sectors, “with at
least two experts per sector”. The Act created the post of Secretary-General of the
CPB who is both a member and secretary of the CPB. 66 The CPB is conferred a broad
range of powers and duties to promote the interest of consumers. These include the
powers to consider consumer complaints, to ensure product safety, to regulate the
conduct of committees and sub-committees, to scrutinize and expedite the exercise of
powers and duties by other regulatory agencies responsible for particular aspects of
consumer protection, to commence legal proceedings when consumer rights are
infringed, to confer recognition on consumer organizations, to litigate on behalf of
consumers, to submit recommendations to the council of ministers, and to carry out

65
Section 29/7, ibid.
66
UNCTAD, Voluntary Peer Review of Consumer Protection Law and Policy of Thailand, United
Nations Publications, 2022, p-6.
 26

any other act provided by applicable law as falling under the CPB’s competence. The
above-mentioned powers and duties were further enhanced by the 2019 amendments
to the CPA 1979. The CPB has now been assigned the responsibility of drafting a
consumer protection strategic plan in line with the national strategic plan, government
policies, cabinet resolutions regarding consumer protection, and international
standards.67
Moreover, it undermined Thailand's ability to compete with other countries,
damaging Thailand's overall economic situation. Consequently, this legislation was
enacted for the purpose of imposing standards of inspection and approval for
agricultural products, thereby encouraging such products to be in compliance with the
required standards. This legislative reform was also undertaken in order to ensure that
Thailand complied with its international obligations.
Entrepreneur means an individual person or organization conducting
production, distribution, storage, transportation, sale, processing, exportation,
importation, resale of goods, or supply of goods, or providing services or
advertisement.68 The duties of entrepreneur are providing the simple and correct
information regarding the guarantee and requirements of goods or services; treating
consumers honestly and properly without discrimination; acting the business honestly
and properly in accordance with the business ethics and regulations; guaranteeing
goods or services for trading or manufacturing based on the quality and
standardization stipulated by the relevant government departments and government
organizations; providing the opportunity to test on goods for consumers which is
required to test quality before purchase; expressing the additional costs of goods or
services to be known by the consumer before purchase; avoiding the direct or indirect
selling goods or services that are likely to cause damage or loss to consumers; taking
responsibility for goods or services that are inconsistent with the guarantee; avoiding
threatening, false statements in the form of saying, writing and acting in order to the
detriment of consumers by means of the social media or by other means while settling
the consumer dispute; notifying timely to the Department and consumers by means of
the social media or by other means if he knows the hazard of the produced goods or
services by himself or by any other way; complying with the settlement and decision

67
Ibid, p-7.
68
Section 2 (c), the Consumer Protection Law of Myanmar, 2019.
 27

made by the relevant Committee if the disputes related to goods or services arise. 69
Under Section 23 of the Consumer Protection Law, 2019, the entrepreneur shall cause
to include the following facts in the guarantees of goods:
(a) having the quality that can be accepted and used by the consumer;
(b) correcting the quality, measure and weight of goods;
(c) safety;
(d) suitability for the need of consumers;
(e) the same goods as the sample represented;
(f) availability of spares part, repair or replacement during the guaranteed
period or the period that can be used;
(g) conforming with the information on labelling and the description in
advertisement, offering or promotion.
If the subject of the matter or a problem has arisen, it is necessary to
investigate. If you want to prevent the problems that will occur in advance, you need
to investigate in advance. An "Inspector" is usually appointed wherever there is a need
to investigate. An "Inspector" is appointed in the General Administration Department,
as well as in the Myanmar Police Force. Liquor Inspector is appointed in the Food and
Drug Administration, the Department of Agriculture has appointed "investigators" to
inspect fertilizers and pesticides, etc. For consumers, the "inspector" is mainly the
person responsible for Market Surveillance. In the first part, the inspector investigates
the complaint. The Department of Consumer Affairs is under the Ministry of
Commerce and resolves complaints made by consumers about damage caused by
using goods (or services) in accordance with the Consumer Protection Law. In the
process of solving such complaints, conducting quantitative information and
inspections related to the complaint. The inspection officer can carry out the
investigation work on the information learned from the complaint and the monitoring
work on whether or not the actions are ordered under the consumer protection law. As
the second part, the inspection officer can monitor and inspect the goods and services
in the market. In the monitoring of products in the market, both imported goods and
domestically produced goods must be checked for possible hazards before they enter
the market, as well as when they arrive in the post market, whether there is a risk or
not.70

69
Section 21 (a) to (k), the Consumer Protection Law of Myanmar, 2019.
 28

Inspector means a person who is assigned as an inspector by the Department

of Consumer Affairs for consumer protection 71 and who is responsible for
investigating the complaints or monitoring the goods or services that are suspected to
be hazardous and conducting inspection on them in order to disappear from the
market.72 The functions of the inspector are monitoring the domestic or imported
goods before or after they are available in the market whether they are hazardous; 73
monitoring whether the facts to be expressed in labelling; monitoring whether the
goods or services are suitable for consumption or use, and whether they are
hazardous; inspecting whether the information of finding the suspected hazardous
goods or services are valid; monitoring whether actions taken by the relevant Office
and Committee are complied with; and monitoring any prohibition contained in this
Law not to be violated.74 The inspector may obtain the help of the Myanmar Police
Force, if necessary, in performing his functions and duties.75
But also, other relevant Ministries directly appointed inspector to inspect the
product in accordance with their Administrative Law. The Ministry of Health shall
assign responsibility' as Food Inspectors by the National Food Law76 and the Food
Inspector shall submit his finding on inspection to the relevant Township Food and
Drug Supervisory Committee.77
Inspector means the person to whom duties have been assigned by the
Managing Director in order to investigate such matters as to whether the method of
use of pesticide is correct or not whether the use of the pesticide is free from hazard or
not, whether or not the percentage of active ingredient in the pesticide as declared is
of full potency in conformity with the provisions of the Pesticide Law.78
The Inspector shall perform the following duties;79-
(a) inspecting handling of pesticide and the enterprises dealing in the sale of pesticide
in the region assigned to him or in specified region where duties are assigned;

70
[Link] Ra Phi Tun, Assistant Director (Department of Consumer Affairs, Yangon), Commerce
Journal -Vol 22, 2022,p-24.
71
Section 2 (t), the Consumer Protection Law of Myanmar, 2019.
72
Section 14, ibid.
73
Section 15 (a), ibid.
74
Section 15 (b) to (f), the Consumer Protection Law of Myanmar, 2019.
75
Section 16, ibid.
76
Section 19, the National Food Law of Myanmar, 1997.
77
Section 20 (a), the National Food Law of Myanmar, 1997.
78
Section 2 (l), the Pesticide Law of Myanmar,1990.
79
Section 27, the Pesticide Law of Myanmar,1990.
 29

(b) taking action in accordance with the procedures against offender violating any
prohibition contained in this Law;
(c) administering in accordance with the procedures as regards pesticides and exhibits
seized in taking action under sub-section (b);
(d) administering according to procedures so that the containers, wrappers and
packages of pesticide may not be used again;
(e) to carry out the duties given by the Township Managers from time to time.
The above-mentioned parties are responsible persons for product safety. And
another important one is third-party inspections which are made by an independent
company, usually hired by the buyer, to ensure that all the products are up to the
needed quality standard and the manufacturing process itself meets the international
standards.

1.6 Product Safety Mechanism in Various Market

Products can be sold by different kind of marketing such as direct selling,
online marketing and post-marketing and product needs to be safety when exporting
and importing. And other Before the product arrives to market, these can be traded by
informal and formal trading through borders. To control the illegal border States
concluded Bilateral Agreements between each other’s. Products can be inspected and
can be recalled in post market if the product was found unsafe.
There is one kinds of selling is direct selling which is not post-market,
directing selling is one of the methods applied in offering services and goods. This
method is used to market products directly to consumers. 80 Direct Selling Law has not
been approved in Myanmar but Thailand already enacted Direct Sale and Direct
Marketing Act, B.E. 2545 (2002) and also China already enacted the Regulations on
Direct Selling Administration (2005). When exporting and importing, products may
be required to be inspected or obtain licenses or certificates for product safety. Article
2 of Regulations on Import and Export Duties of the People's Republic of China, 1985
provided that all goods permitted to be imported into or exported out of the People's
Republic of China are subject to import or export duty to be collected by the Customs
according to "The Customs Import and Export Tariff of the People's Republic of
China" (hereinafter referred to as "Customs Import and Export Tariff"). The Minister
of Finance shall have the power to publish in the Government Gazette the Notification
80
Direct Selling – Its Types, Advantages and Disadvantages Article, Sampo Erna University, 2022.
 30

specifying any port or place within the Kingdom of Thailand through which goods
may be exported or imported under Export and Import of Goods Act, B.E 2522
(1979).81 In Myanmar, no person shall export or import restricted, prohibited and
banned goods. Without obtaining license, no person shall export or import the
specified goods which is to obtain permission.82
For product safety in various markets, the Law of the People’s Republic of
China on Product Quality adopted in 2000, Article 1 of this Law is enacted to
strengthen the supervision and control over product quality, to improve product
quality, to define the liability relating thereto, to protect the legitimate rights and
interests of consumers and to safeguard the social and economic order. Anyone who
manufactures or sells any product within the territory of the People’s Republic of
China shall abide by this Law for products safety.83
Interim Regulations on the Administration of Consumer Product Recalls is
affected in 2020. The provisions of this law are formulated in accordance with the
"Law of the People's Republic of China on the Protection of Consumer Rights and
Interests" and other laws and administrative regulations in order to standardize the
recall of defective consumer goods and protect human health and personal and
property safety.84 These Provisions shall apply to the recall of defective consumer
goods within the territory of the People's Republic of China and their supervision and
administration. Where laws, administrative regulations, or departmental rules have
other provisions on the supervision and management departments for consumer goods
or recall procedures.85 Consumers or other victims who suffer personal injuries or
property damage as a result of defective commodities may demand compensation
from the sellers or producers. If the producers are at fault, the sellers may seek
compensation from them after making their own indemnities. If the sellers are at fault,
the producers may have recourse to similar action. Consumers may demand
compensation from the service providers if their legitimate rights and interests are
hurt as a result of receiving services.86

81
Section 15, Export and Import of Goods Act, B.E 2522 of Thailand, 1979.
82
Sections 5 and 6, The Export and Import Law of Myanmar, 2012.
83
Article 2, the Law of the People’s Republic of China on Product Quality of China, 2000.
84
Article 1, Interim Regulations on the Administration of Consumer Product Recalls of China, 2020.
85
Article 2, Interim Regulations on the Administration of Consumer Product Recalls of China, 2020.
86
Article 35, Law of the People's Republic of China on Protecting Consumers' Rights and Interests,
1993.
 31

In Thailand, the entrepreneur who produces, orders, or imports into the

Kingdom for sale goods that are controlled in labelling according to Section 30 and
other goods that the Board of safety has announced in the Government Gazette must
set up a measure to protect prevent or eliminate the risk concerning those goods. The
Board of safety may decree that any service that the entrepreneur must set up
measures to prevent or eliminate the risk concerning the services by announcing it in
the Government Gazette for product safety in pre and post-market.87
The Product Liability Act B.E. 2551 (2008) , the Consumer Protection Board,
Associations and Foundations certified by the mentioned Board under the Consumer
Protection Law are entitled to file a law-suit for damages fee on behalf of the injured
person. Most products entering the Thailand market must meet the relevant
requirements of the authorities depending on the product scope. Product safety
requirements and regulations are put in place to reduce risks, improve quality of life
and ensure safety during use.
For product safety, relevant authorities from related department can monitor
for product safety by licensing, standardization, labelling for each product, risk
assessment and awareness for consumer protection before post active market.
Inspectors can be awarded by relevant departments who are responsible for
conducting risk assessments of products before and after they are released in the
market. Market surveillance inspectors are accountable for the efficiency and
effectiveness of their activities which shall be performed in a non-discriminatory
manner vis-a-vis locally manufactured as well as imported products.
Market surveillance is a tool or mechanism to protect consumers from unsafe,
unhealthy and low-quality goods and services. The relevant departments of ministries
and department of Consumer Affairs of Myanmar (DOCA) will carry out market
surveillance tasks in line with the Consumer Protection Law 2019 and other relevant
laws by identifying prioritized categories of goods and services. Market surveillance
activities will be implemented in priority sectors according to short-term and long-
term planning. When checking potentially unsafe goods to be recalled from the
market, DOCA will take into consideration product characteristics, and product-
related hazards, identify hazards by testing while also accounting for standards,
consumer usage and habits, injury scenarios, severity and probability of injury.
DOCA will determine the kind of risk and risk-mitigating measures. To assess the
87
Section29/4, Consumer Protection Act (No. 4) B.E. 2562 of Thailand, 2019.
 32

severity of the risk, tests will be conducted based on the technical standards of
relevant ministries. Myanmar’s Department of Consumer Affairs (DOCA) announced
DOCA Directive No. 3/2022 for recalling dangerous goods and temporarily or
permanently halting the sale and distribution of dangerous goods and services in
2022.
Furthermore, they are tasked with investigating whether businesses violate
existing laws and regulations. Findings will be reported to the relevant head offices of
Department of Consumer Affairs in the States, Regions and Union Territory for
consumer protection under Consumer Protection Law (2019), there is no more clause
for market surveillance before 2019 Consumer Protection Law. But in practice, the
inspectors can monitor the domestic or imported goods in post-market only in
Myanmar. The products are sold in the market, e-commerce, direct selling as well as
many other methods. It is necessary to ensure product safety in various marketing. In
addition, manufacturers must ensure product safety before distributing products to the
various market.
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