(2023-7-14-ний өдрийн орчуулга)                                                                Unofficial translation

LAW OF MONGOLIA

May 3, 2018                                                                                              Ulaanbaatar city

ON ENRICHED FOOD

CHAPTER ONE

GENERAL PROVISIONS

Article 1.Purpose of the Law

1.1.The purpose of this Law is to regulate relations related to the mandatory enrichment of certain types of food in order to protect public health and prevent from the deficiency of certain vitamins and minerals.

Article 2.Legislation on Enriched food

2.1.Legislation on enriched food shall consist of the Constitution of Mongolia, Law on Health, Law on Food, Law on Food safety, Law on standardization, technical regulations and accreditation of conformity assessment, Law on State inspection, this Law and other legislative acts issued in conformity with them.

2.2.If an international treaty to which Mongolia is party provides otherwise than this Law, then the provisions of the international treaty shall prevail.

Article 3.Scope of the application of the Law

3.1.This Law shall apply the relations related to the mandatory enrichment of certain types of food with certain vitamins and minerals by using industrial methods, the import, production, export and monitoring of enrichment preparations.

3.2.This Law shall apply to relations related to the importation of the same certain types of foodstuffs that produced through mandatory enrichment.

Article 4.Definitions of the terms of the Law

4.1.The terms used in this Law shall have the following meaning:

4.1.1."enriched food" shall mean a food produced by adding vitamins and minerals, in the form of individually or in mixture, upon using the industrial methods;

4.1.2."enrichment preparations" shall mean the vitamin and minerals or their mixture to be used in the enrichment of food by using an industrial methods;

4.1.3."list of mandatory enrichment food" shall mean a document that approves the type of food to be enriched and the composition and amount of enrichment preparations based on the results of the research specified in sub-paragraph 9.1.1 of the Law on Food;

4.1.4."food enrichment" shall mean adding the enrichment preparations into the foods by using industrial methods in accordance with the prescribed amount, conditions and technology specified in the standards.

CHAPTER TWO

ORGANIZATION OF THE ACTIVITIES FOR FOOD ENRICHMENT

Article 5.Activity for food enrichment

5.1.Based on the results of the research specified in sub-paragraph 9.1.1 of the Law on Food, the state central administrative bodies in charge of health and food matters shall jointly submit proposals to the Government on mandatory enrichment food.

5.2.The Government shall approve the list of mandatory enrichment food based on the proposal specified in paragraph 5.1 of this Law.

5.3.The state administrative body in charge of standardization and technical regulation shall approve national product standards for each type of mandatory enrichment food.

5.4.The enriched food producer shall produce products in adherence with the national standards specified in paragraph 5.3 of this Law and shall engage in these by creating an internal monitoring system.

5.5.The enriched food producer shall verify the product and enrichment preparation by an accredited laboratory.

Article 6.Powers and functions of the state bodies regarding the enrichment of food

6.1.The State Great Khural shall implement the following powers regarding the enrichment of food:

6.1.1.to determine the customs, tax and credit policy to support the import of equipment and enrichment preparations necessary for the mandatory enrichment of food;

6.1.2.to approve the budget required to implement policy and programs to support the production and consumption of enriched food;

/This sub-paragraph was amended by the law as of December 19, 2021/

6.1.3.others specified by law.

6.2.The Government shall implement the following powers regarding enrichment of food:

6.2.1.to organize the enforcement of legislation on enriched food and monitor the implementation;

6.2.2.to implement policy and programs to support the production and consumption of enriched food;

/This sub-paragraph was amended by the law as of December 19, 2021/

6.2.3.to reflect and submit for approval the funds required for the implementation of the policy and programs specified in sub-paragraph 6.2.2 of this Law in the annual state and local budgets;

/This sub-paragraph was amended by the law as of December 19, 2021/

6.1.4.others specified by law.

6.3.The state central administrative body in charge of food matters shall implement the following functions regarding the enrichment of food:

6.3.1.to approve the procedure for producing, storing and transporting the enriched food;

6.3.2.to register the enrichment preparations and enriched foods in accordance with Article 16 of the Law on Food and create a database;

6.3.3.to approve the template and procedure for use of signs and markings indicating that they are enriched food;

6.4.The state central administrative body in charge of health matters shall implement the following functions regarding the enrichment of food:

6.4.1.to develop the list of mandatory enrichment food in cooperation with the state central administrative body in charge of food matters;

6.4.2.to organize a research to estimate the effectiveness of enrichment food at the national level every five years within the scope of the research specified in sub-paragraph 9.1.1 of the Law on Food;

6.4.3.to present the result of the research specified in sub-paragraph 6.4.2 of this Law to the National Food Safety Council;

6.4.4.to prevent the population from vitamin and mineral deficiencies, to provide information to citizens about the importance of enriched foods, and to organize training and promotion thereto.

Article 7.Rights and obligations of the enrichment food producer

7.1.The producer of enrichment food shall have the following rights:

7.1.1.to be involved in support and incentives to be issued by the state;

7.1.2.others specified by law.

7.2.In addition to Article 10 of the Law on Food and Article 10 of the Law on Ensuring Food Safety, the producer of enrichment food shall have the following obligations:

7.2.1.to carry out production in accordance with the national standards and technologies specified in paragraph 5.3 of this Law;

7.2.2.to supply products for public use based on verification by an accredited laboratory;

7.2.3.to put signs and markings on the labels of enriched foods;

7.2.4.to register the information on the name, type, production, and sale of enriched foods in the database specified in sub-paragraph 6.3.2 of this Law;

7.2.5.to respect the consumer's rights and provide accurate and factual information;

7.2.6.to have equipment for food enrichment;

7.2.7.others specified by law.

Article 8.Rights and obligations of the enrichment preparations importer

8.1.The enrichment preparations importer shall have the following rights:

8.1.1.to be involved in support and incentives to be issued by the state;

8.1.2.others specified by law.

8.2.The enrichment preparations importer shall have the following obligations:

8.2.1.to import enrichment preparations with required ingredients for food enrichment approved by the list specified in paragraph 5.2 of this Law;

8.2.2.to import enrichment preparations with a certificate of origin, quality and safety verification issued by the competent authority of the exporting country;

8.2.3.to follow the transportation and storing procedures without turning over the quality of the enrichment preparation;

8.2.4.others specified by law.

Article 9.Import of enriched food

9.1.Imported products of the same type as mandatory enrichment food shall meet the requirements of the national standards of Mongolia.

9.2.Imported enriched food shall have signs and markings indicating that it is enriched.

9.3.Article 11 of the Law on Food shall be adhered to when importing enriched foods.

CHAPTER THREE
MONITORING ON THE ENRICHED FOODS

Article 10.Producer's monitoring on the enriched foods

10.1.The enriched food producer shall implement critical point monitoring and verify its products through the internal monitoring.

Article 11.State monitoring on the enriched foods

11.1.The monitoring procedure for an activity for mandatory enrichment food shall be approved by the state central administrative body in charge of food matters.

/This paragraph was amended by the law as of November 11, 2022/

11.2.The monitoring on the production and trade of enriched food products shall be implemented by the state central administrative body in charge of food matters and the competent body authorized to implement the inspection.

/This paragraph was modified by the law as of November 11, 2022/

11.3.The state inspector of food quality and standards at the border point and inland customs shall permit the entry of enrichment preparations into the territory of Mongolia and grant an export certificate and import notification based on the registry of the state central administrative body in charge of food matters.

CHAPTER FOUR

MISCELLANEOUS

Article 12.Liabilities to violators of legislation on enriched food

12.1.If the act of an official who violates this Law is not criminal, he or she shall be liable as provided in the Law on Civil Service.

12.2.If the act of a person or legal entity who violates this Law is not criminal, he or she shall be liable as provided in the Law on Violations.

Article 13.Entry into force of the law

13.1.This Law shall be enter into force on December 31, 2019.

THE CHAIRMAN OF THE STATE GREAT KHURAL OF MONGOLIA M.ENKHBOLD