Khin Htet Htet, 1PhD Law- 6

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 Legal Protection on Product Safety for Consumers
in China, Thailand and Myanmar
Contents

Chapter 1 Initiative of Product Safety

1.1 Evolution of Product Safety and Product Liability Laws

1.2 Definitions and Classification of Products
1.3 Scope of Product Safety
1.4 Responsibilities of the Business Owner,
Business Operator and Government
1.5 Rights and Duties of Consumer 2
 Legal Protection on Product Safety for Consumers
in China, Thailand and Myanmar
Contents
Chapter 2 Legal Protection in Pre-Market for Product Safety
2.1 Licensing and Labelling
2.2 Standardization and Quality Control
2.3 Guarantee of Manufacture
2.4 Best Practice for Business Enterprise

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 Legal Protection on Product Safety for Consumers
in China, Thailand and Myanmar
Contents

Chapter 3 Legal Protection in Post-Market Intervention

3.1 Market Surveillance
3.2 Unsafe Product Recall and Ban System
3.3 Dispute Resolution and Redress
3.4 Civil and Criminal Liability

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 Legal Protection on Product Safety for Consumers
in China, Thailand and Myanmar
Contents

Chapter 4 Controlling for Product Safety in Direct Selling and Distance

Selling
4.1 Direct Selling
4.2 Distance Selling including E-commerce
4.3 Cross-Border Informal Trading
4.4 Formal Trading between China, Thailand and Myanmar

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 Chapter 1
Initiative of Product Safety

Product safety
 to describe policies designed to protect people from risks associated with the thousands
of consumer products they buy and use every day.
The aim of product liability law
 to compensate those who have suffered, and sometimes even to punish those who have
caused the harm.

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1.1 Evolution of Product Safety and Product Liability Laws

Based on contract law or the law of negligence (tort).

In Civil Liability,
China- General Principles of the Civil Law (Article 122).
Thailand- The Unsafe Product Liability Act B.E. 2551 (2008)
Myanmar-The Contract Act, 1872

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1.1 Evolution of Product Safety and Product Liability Laws

In Criminal Liability,
China-Article 140, Crime of Producing or Selling Fake and Inferior Product
Article 146, Crime of Producing or Selling Product not satisfying safety standard.

Myanmar- Sections 482, 483, 485 and 486 of the Penal Code
1.1 Evolution of Product Safety and Product Liability Laws

In 1985, the European Commission adopted Council Directive 1985/374/EEC

China
 Law of the People’s Republic of China on Product Quality of China, 2000
 People's Republic of China Law on Protection of the Rights and Interests of
Consumers, 2014.

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1.1 Evolution of Product Safety and Product Liability Laws
Thailand
 Consumer Protection Act (No. 4) B.E. 2562 of Thailand is enacted in 2019 empowers the
Office of the Consumer Board (OCPB) to establish the Committee on Product Safety.
Other laws that are most relevant to consumer protection in Thailand include
 the Direct Sales and Direct Marketing Act 2002 (updated in 2019),
 the Thai Product Liability Act 2008,
 the Consumer Case Procedure Act 2008 and;
 the Establishment of Consumer Organization Council Act 2019.

Myanmar
 The Consumer Protection Law of Myanmar, 2019 10
 1.2 Definitions and Classification of Products

Definitions

 Products
anything manufactured, constructed……serviced, bottled, labelled, handled, sold, supplied, re-
supplied or distributed, imported or exported, including any packaging or containers etc.
 Product safety
to describe policies designed to protect people from risks associated with the thousands of
consumer products they buy and use every day.

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1.2 Definitions and Classification of Products

Classification

There are four types of products;-

 industrial products,
 consumer products,
 durable and non-durable goods, and
 services.

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1.2 Definitions and Classification of Products
Consumer Products
1.3 Scope of Product Safety

Food
Food Safety Law of the People’s Republic of China , 2009 (latest version 2021)
Article 2 of this law engaging in the following activities -
- food production and processing
- food sales and catering services
- 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
in the territory of the People's Republic of China shall abide .

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1.3 Scope of Product Safety

Food Act of Thailand B.E. 2522 (1979)

“Food” means

(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. ( not include medicine,
psychotropic substances, narcotic )
(2) Substance intended for use or to be used as ingredients in the production or
food.
(Section 4)

The aim of this Law is to promote consumer safety through controlling the
quality and standards of foods as well as their packaging

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1.3 Scope of Product Safety

National Food Law of Myanmar, 1997

 The meaning of food is the same meaning with Thailand Food Act which is
mentioned in Section 2 (a) of this Law.
 The aims of the National Food Law are "to enable consumption of food of
genuine quality, free from danger….. to control and regulate the production,
import, export, storage, distribution and sale of food systematically. (Sec 3)

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1.3 Scope of Product Safety

Drug
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.
 Drug Administration Law of the People's Republic of China, 2019 (Article 3)
(including traditional Chinese medicines, chemical medicines and biological
products)

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 1.3 Scope of Product Safety

 The meaning of drug is same in Drug Administration Law of the People's Republic of China,
2019 and National Drug Law of Myanmar, 1992 (Section 2(b))
( not include traditional medicines in Myanmar Law)
 Traditional Drug Law was separately provided in Myanmar.
 The Control of Smoking and Consumption of Tobacco Product Law of Myanmar (2006) was
enacted to protect people from the danger of tobacco products for human beings.

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1.3 Scope of Product Safety

In Thailand,
 Drug Act B.E. 2510 (1967)
 Food Act B.E. 2522 (1979),
 Pharmaceutical Administration Law of Thailand (2001) and
 the Cosmetics Act (2015).
These laws are enforced by the Ministry of Public Health.

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 1.3 Scope of Product Safety
China
Agricultural Product Quality Safety Law of China, 2006
 The aim of this Law is the quality of agricultural products meet the requirements for
ensuring human health and safety.(Art 1& 2)
Thailand
 The Agricultural Standard Act of Thailand B.E. 2551 (2008) was enacted to develop
agricultural products in Thailand in order to meet global standards.

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 1.3 Scope of Product Safety
Myanmar
 There is no directly Laws regarding Agricultural Product Quality and Standard Law
in Myanmar.
 The Pesticide Law,1990 and
 Fertilizer Law, 2002 are indirectly concerned.
 The Ministry of Industry of Myanmar is responsible for the product safety of
industrial goods and supervises the standards of domestically produced goods as well
as imported goods.

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 1.4 Responsibilities of the Business Owner, Business Operator and Government
Proprietors, China
The People's Republic of
China Law on Protection of the
Rights and Interests of
Consumers, 2014
Entrepreneur, Thailand
Consumer Protection Act (No.
4) B.E. 2562 of Thailand, 2019
Entrepreneur, Myanmar
Consumer Protection Law of
Myanmar, 2019
 To provide goods or services meet the requirements for the safety
of persons and property
 To discover defects
 To alert the producer, the importer, the seller, the reseller, or the
service provider as well as advertiser, consumers, and the general
public, if they suspect that the goods or services could be dangerous
 To provide consumers with true and complete information
 To guarantee the quality, performance, use, and effective period for
goods or services
 To express the additional costs of goods or services to be known by
the consumer before purchase
 1.4 Responsibilities of the Business Owner, Business Operator and Government

The department for supervision  To supervise over product quality within the scope of their
over product quality , China
The Law of the People’s respective functions and responsibilities
Republic of China on Product
Quality (2000)  To create several statutory rights for consumers and provide for the
expression through provisions in the Act relating to advertising,
The Office of the Consumer
Protection Board (OCPB) ,
labelling and contracts
Thailand  To investigate the complaints or monitoring the goods or services
Consumer Protection Act (No.
4) B.E. 2562 of Thailand, 2019
that are suspected to be hazardous and conduct inspection on them
Inspector, Myanmar in order to disappear from the market
Consumer Protection Law of
Myanmar, 2019  To monitor the domestic or imported goods
1.5 Rights and Duties of Consumer

The eight consumer rights are:

 Right to basic needs,
 Right to safety,
 Right to information,
 Right to choose,
 Right to representation,
 Right to redress,
 Right to consumer education, and Right to healthy environment
1.5 Rights and Duties of Consumer

Duties of Consumer

 Critical Awareness,
 Action,
 Healthy Environment,
 Solidarity,
 Social Concern
 1.6 Protect Safety Mechanisms in Various Markets
Illegal Trade

Importation Relevant
Ministries
Registration Various
Control
Markets Consumers
monitoring

Production

Cross Border Trade Monitoring By DOCA, Myanmar

The Office of the Consumer Protection Board (OCPB) , Thailand
The department for supervision over product quality , China

 Direct Selling Law has not been approved in Myanmar

 Thailand already enacted Direct Sale and Direct Marketing Act, B.E. 2545 (2002)
 China already enacted the Regulations on Direct Selling Administration (2005). 26
 References
Laws and Regulations

1. Agricultural Product Quality Safety Law of China, 2006.

2. Constitution of the Republic of the Union of Myanmar, 2008.
3. Consumer Case Procedure Act of Thailand B.E. 2551,2009.
4. Consumer Protection Act (No. 4) B.E. 2562 of Thailand, 2019.
5. Consumer Protection Law of Myanmar, 2019.
6. Contract Act of Myanmar, 1872.
7. Cosmetics Act B.E. 2558 of Thailand, 2015.
8. Drug Administration Law of the People's Republic of China, 2019.
9. European Commission Council Directive 1985/374/EEC, 1985.
10. Export and Import of Goods Act, B.E 2522 of Thailand, 1979.
11. Food Act of Thailand B.E. 2522, 1979.
12. Food Safety Law of the People’s Republic of China, 2021.
13. Interim Regulations on the Administration of Consumer Product Recalls of China, 2020.
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14. Law of the People’s Republic of China on Product Quality of China, 2000.
 References

Laws and Regulations

15. National Drug Law of Myanmar, 1992

16. National Food Law of Myanmar, 1997.
17. OECD, Recommendation on Consumer Product Safety, 2020.
18. People's Republic of China Law on Protection of the Rights and Interests of Consumers, 2014.
19. Pharmaceutical Administration Law of Thailand, 2001.Price of Goods and Services Act B.E. 2542 of Thailand, 1999.
20. Price of Goods and Services Act B.E. 2542 of Thailand, 1999.
21. The Export and Import Law of Myanmar, 2012.
22. The Penal Code of Myanmar, 1861.
23. The Pesticide Law of Myanmar ,1990.
24. Traditional Drug Law of Myanmar, 1996.
25. Unfair Contract Terms Act of Thailand B.E. 2540, 1997.
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26. United Nations Guidelines for Consumer Protection, 2015.
 References
Books
1. Andrew C. Spacone, Strict Liability in the European Union - Not a United States Analog, Roger Williams University
Law,2000.
2. Barbara Li, Overview of China’s Product Safety Regime, China Business Review, 2010.
3. Henderson A and Srangsomong S, Thailand in Kellam, Product Safety and Product Liability Laws in Asia Pacfic,
2009.
4. Honghuan Liu and Xi Zhou, Product liability and safety in China: overview, Thomson Reuters Practical Law, 2018.
5. Lim CW and Gill RK, Product Liability in the Asia-Pacific Sydney, 3 rd edition, 2009.
6. Luke Nottage & Jeannie Paterson, Consumer Contracts and Product Safety Law in Southeast Asia, 2017.
7. Luke Nottage & Sakda Thanitcul, ASEAN Product Liability and Consumer Product Safety Law, Winyuchon, 2016.
8. Luke Nottage, ASEAN Consumer Product Safety Law: Fragmented Regulation and Emergent Product Liability
Regimes in Southeast Asia, the University of Sydney Law School, 2020.
9. Nottage L and Kellam J, Product Liability and Safety Regulation, Sydeny, 2013.
10. The ASEAN Secretariat, Handbook on ASEAN Consumer Protection Laws and Regulations, 2 nd edition,2021.
11. UNCTAD, Voluntary peer review of consumer protection law and policy: THAILAND, United Nations, 2022. 29
 References

Article and Journal

1. Ahn PTP, "Vietnamese Law on Consumer Protection: Some Points for Traders" ,2013.
2. Australia’s Trade Practices Law Journal 165-189/-175.
3. Direct Selling – Its Types, Advantages and Disadvantages Article, Sampo Erna University, 2022.
4. Dr.Tha Ra Phi Tun, Assistant Director (Department of Consumer Affairs, Yangon), Commerce Journal -Vol 22, 2022.
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. Harish Vinnakota, Article of Product Concepts and Classification, 2020.
7. Hume F. Winzar, Product classifications and Marketing Strategy, Journal of Marketing Management,1992.
8. Kellam and Nottage, "The Impact of the Civil Liability Legislation on Fundamental Policies and Principles of the
Common Law of Negligence", (2006) 14 (3) Torts Law Journal 268-300.
9. Liu L, "Taiwan's New Consumer Protection Law", International Business Lawyer,1994.

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 References

Internet Source
1. https://asean.org/myanmars-revised-consumer-protection-law-passed/.
2. https://www.chinabusinessreview.com/overview-of-chinas-product-safety-regime.
3. https://www.chinajusticeobserver.com/a/food-safety-law-of.
4. https://www.lawinsider.com/dictionary/the-products.

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 Finding
Customer needs to get the correct information for real consumer

To be product safety, Thailand and China can monitor and control the product before
the Market. Myanmar cannot still implement monitoring of the product before the
Market.

In relation to direct selling to the consumer, Direct Selling Law has not been approved
in Myanmar. (Cannot implement)

Export and Import Laws were already enacted in three countries for cross-border
trading.

For specified product safety, related laws were enacted in three Countries but
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