(2023.08.14-ний өдрийн орчуулга)                                                   Unofficial translation

LAW OF MONGOLIA

December 20, 2012              Ulaanbaatar city

ON FOOD

/Revised edition/

CHAPTER ONE

GENERAL PROVISIONS

Article 1.Purpose of this Law

1.1.The purpose of this Law is to regulate relations arisen in connection with ensuring in a stable and accessible manner the food necessities of the population with quality, nutritious and safe food, and engaging in the food business operations.

Article 2.Legislation on food

2.1.The legislation on food shall consist of the Constitution of Mongolia, the Law on National Security, the Law on Ensuring the Safety of Food Products, this Law, and other legislative acts enacted in conformity with them.

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

Article 3.Definition of terms of the Law

3.1.The following terms used in this Law shall be understood in the following meanings:

3.1.1."food" means food raw materials, semi and fully processed products, and drinking water required to ensure the normal functioning of the human body and support and protect health;

3.1.2."food safety" means creation of opportunities that the population can select and consume stably and accessibly the qualified, nutritious, and safe food throughout their lives regardless of the country's economic, social conditions, or geographic location;

3.1.3."food quality" means a status in compliance with standards, technical regulations and consumption requirements of food raw materials and products;

3.1.4."food hygiene" means as prescribed in sub-paragraph 4.1.5 of the Law on Ensuring the Safety of Food Products;

3.1.5."organic food" means raw materials and products of organic production of animal husbandry and crop farming, and of pure natural origin that meet Mongolian and international standards;

3.1.6."strategic food" means animal meat, milk, grain, wheat, flour, and drinking water necessary for the physiological needs of Mongolian people;

3.1.7."nutritional food" means food with adequate content of proteins, fats, carbohydrates, minerals, vitamins and useful microorganisms to ensure the normal functioning of the human body, growth and development, and to compensate for caloric expenditure;

3.1.8."produced by new technology" means produced by advanced scientific and technological methods that have not been produced or used in practice in Mongolia before, or introduced into operation by importing the new technology, proven to have no adverse effects on human health, and the right protection have been made in accordance with laws;

3.1.9."food additive" means a substance or mixture that cannot be a product or a main component of food by itself, has no nutritional value, that are intentionally added during food production in order to add flavor, aroma, color, physicality, dilution, extend shelf life and speed up technological operations;

3.1.10."pure culture media of microorganisms" means microorganisms and their biomass preparations used for industrial purposes at the stage of food processing;

3.1.11."food chain" means as prescribed in sub-paragraph 4.1.6 of the Law on Ensuring the Safety of Food Products;

3.1.12."food business operator" means a citizen of Mongolia, a foreign citizen, a stateless person (hereinafter referred to as "citizen"), and a legal entity engaged in one or more operations related to the food chain;

3.1.13."proper practice" means as prescribed in sub-paragraphs 4.1.19-4.1.21 of the Law on Ensuring the Safety of Food Products.

Article 4.Principles of ensuring food safety

4.1.The following principles shall be adhered to in ensuring the food safety:

4.1.1.the food supply shall be stable and accessible;

4.1.2.the food shall have nutritional ingredients necessary for human health;

4.1.3.the food shall not harm human health and life;

4.1.4.the information on food shall be accurate, transparent and realistic.

CHAPTER TWO

FOOD SUPPLY

Article 5.Determination of food supply

5.1.The appropriate amount of food, essential nutrients, minerals, and vitamins required to ensure the normal functioning of the body, growth and development of Mongolians, and to compensate for caloric expenditure shall be approved by the Cabinet member in charge of health issues.

5.2.Based on the appropriate amount approved in accordance with paragraph 5.1 of this Law, the Cabinet member in charge of food issues shall determine the food supply.

5.3.Governors of aimags and the Capital city shall determine the food supply for the population of their territory based on the appropriate amount approved in accordance with paragraph 5.1 of this Law.

/This paragraph was added by the law as of April 22, 2022/

5.4.The activities aimed at ensuring the stable, balanced and safe food supply defined in accordance with paragraphs 5.2 and 5.3 of this Law shall be carried out by the state central administrative body in charge of food issues at the national level, and by the units of state authorities in charge of food issues operating next to the Governors of aimags, the Capital city and districts in aimags, the Capital city and districts, as well as by the officer in charge of food issues in soums, and villages.

/This paragraph was added by the law as of April 22, 2022/

Article 51.Procedure for issuing permits for export and import of strategic food

/This article was added by the law as of January 6, 2023/

51.1.The state central administrative body in charge of food issues shall submit the proposal on the type and quantity of strategic food to be exported and imported in the given year to the National Food Safety Council electronically in the following period, depending on the type of the strategic food:

51.1.1.proposals on the quantity of milk within June 10 of each year;

51.1.2.proposals on the quantity of animal meat within September 10 of each year;

51.1.3.proposals on the quantity of flour, grain, wheat, and drinking water within December 1st of each year.

51.2.In order to ensure the stability and accessibility of food supply, additional proposals to increase the type and quantity of strategic food may be submitted to the National Food Safety Council.

51.3.When issuing a permit for the export of strategic food, the state central administrative body in charge of food issues shall impose the requirement to supply the respective strategic food into the domestic market for up to 10 percent of the quantity specified in the permit, and when issuing a permit for the import of strategic food, to purchase the respective strategic food from the domestic market for up to 50 percent of the quantity specified in the permit, and a contract can be concluded with a legal entity in this regard.

51.4.In cases where the Cabinet member in charge of food issues has decided to organize the export and import of strategic food as a one-stop service, or except as specified in paragraph 51.22 of this Law, the permit for the export and import of strategic food shall be granted on the basis of selection.

51.5.The selection specified in paragraph 51.4 of this Law shall be organized by the working group established by the decision of the Cabinet member in charge of food issues.

51.6.The working group specified in paragraph 51.5 of this Law shall organize the proceedings of issuing selection announcements, delivering invitations, sending replies, and reporting the results of issuance of the strategic food export and import permits in electronic form.

51.7.A legal entity requesting to participate in the selection shall submit the following documents electronically to the state central administrative body in charge of food issues:

51.7.1.official letter stating the type and quantity of food to be exported or imported;

51.7.2.a copy of the state registration certificate of the legal entity;

51.7.3.description of the relevant inspector proving that the factory premises meet the requirements of standards and technical regulations;

51.7.4.the trade agreement concluded with the factory of exporting or importing country or its official contracted distributor;

51.7.5.if necessary, the power of attorney of the veterinary hospital and quarantine service of the importing country.

51.8.The deadline for receiving the documents specified in paragraph 51.7 of this Law shall be 10 working days which counted from the date of electronic announcement.

51.9.Documents that are late for the deadline shall not be accepted by the working group and missing documents shall not be re-completed. In case of submission of documents that do not have a legal entity's stamp and seal, signature, and date, or do not meet the requirements, the applicant shall be disqualified and notified within two working days in this regard.

51.10.The working group may additionally request explanations on issues related to documents submitted by legal entities and documents other than those specified in paragraph 51.7 of this Law within the period specified in paragraph 51.13 of this Law from that legal entity.

51.11.The working group may assess the production capacity, financial and other activities of the legal entity that has submitted a request for export and import of strategic food, and determine the maximum amount of permits that can be given to one legal entity.

51.12.Based on the quantity stated in the legal entity's request and the verification of the documents specified in paragraphs 51.7, 51.10, and 51.11 of this Law, the working group shall determine the quantity of the permits to be granted for the export or import of the strategic food to the respective legal entity.

51.13.Within five working days after receiving the documents, the working group shall conduct a selection process and submit a notification on granting a permit with types and quantities of strategic food to be imported or exported.

51.14.If the legal entity does not accept the notification specified in paragraph 51.9 of this Law and the quantity specified in paragraph 51.13, it may file a complaint with the Cabinet member in charge of food issues within two working days after receiving the notification.

51.15.Complaints specified in paragraph 51.14 of this Law shall be resolved within three working days.

51.16.If a legal entity does not submit a complaint within the period specified in paragraph 51.14 of this Law, or if the submitted complaint is found to be ungrounded after reviewing it, the state central administrative body in charge of food issues shall make a decision to issue a permit to the selected legal entity within five working days.

51.17.The period of permits shall not exceed 12 months after the decision provided for in paragraph 51.16 of this Law, and the period of additional permits provided for in paragraph 51.2 of this Law shall not exceed six months.

51.18.Within the framework of the goal of maintaining stably a food supply and price level of the population, the National Food Safety Council may make arrangements not to set limits on the type and quantity of strategic food, and not to export or import strategic food during the calving and harvesting periods of the respective year.

51.19.In addition to Article 6.2 of the Law on Permits, if the legal entity does not export or import strategic food within the period specified in paragraph 51.17 of this Law, the state central administrative body in charge of food issues shall revoke the permit.

/This paragraph was added by the law as of January 6, 2023/

51.20.The permit for the export and import of the strategic food to be imposed on the quantity specified in the permit which revoked in accordance with paragraph 51.19 of this Law, shall be issued on the basis of re-selection.

51.21.It shall be prohibited for a legal entity to assign, transfer or sell the permit to others.

51.22.Strategic food can be exported and imported with a one-time permit in the following cases:

51.22.1.new entry into the market, delivery of product samples, making test shipments;

51.22.2.The National Food Safety Council did not issue recommendations on the type and quantity of strategic food to be exported and imported in the respective year during the period specified in sub-paragraph 18.5.1 of this Law.

51.23.A legal entity to be exported or imported strategic food with a one-time permit shall prepare the documents specified in sub-paragraphs 51.7.1, 51.7.2, 51.7.3, 51.7.4, and 51.7.5 of this Law and submit them to the state central administrative body in charge of food issues.

51.24.Permits for one-time export and import of strategic food shall be issued by the state central administrative body in charge of food issues based on the decision of the working group specified in paragraph 51.5 of this Law.

Article 6.Food stockpiles

6.1.In order to maintain the food supply and accessibility of the population, a strategic food quarter stockpile shall be accumulated.

6.2.The Government shall approve the procedure for accumulating and spending the strategic food quarter stockpile specified in paragraph 6.1 of this Law.

6.3.Governors of aimags and the Capital city shall take and implement measures to accumulate and spend strategic food quarter stockpile in accordance with the procedures specified in paragraph 6.2 of this Law in their respective territories.

6.4.Depending on the circumstances of food supply and demand, the Government may determine the type and quantity of food for the strategic food quarter stockpile specified in paragraph 6.1 of this Law.

6.5.The Governor of the relevant level shall take measures to provide sustainable and accessible strategic food to the population of the territory.

6.6.The state central administrative body in charge of social protection issues shall be responsible for the matters on developing methods for identifying vulnerable groups of the population, conducting research, and providing support for meeting their food necessities.

6.7.Based on food demand and supply, the Cabinet member in charge of food issues shall determine the type and quantity of strategic food to be exported and imported in the respective year, upon discussing it by the National Food Safety Council, as stipulated in paragraph 18.1 of this Law, and based on the recommendations made by the Council.

6.8.The state central administrative body in charge of food issues shall issue a permit for the export and import of strategic food in accordance with the procedures specified in Article 51 of this Law within the limits set in accordance with paragraph 6.7 of this Law.

/This paragraph was amended by the law as of January 6, 2023/

6.9.The amount of the state stamp duty to be collected for the issuance of permits specified in paragraph 6.8 of this Law shall be regulated by the Law on State Stamp Duties.

6.10.Relations in connection with accumulation of national food stockpiles shall be regulated by law.

6.11.Relations in connection with obtaining food through foreign loans and aid shall be regulated by the Law on Regulation of Foreign Loans and Aid.

/This paragraph was invalidated by the law as of February 18, 2015/

6.12.It shall be prohibited to obtain products with the purpose other than those specified in paragraph 3.1.9 of the Law on Food for Babies and Toddlers by the Government.

/This paragraph was added by the law as of May 12, 2017/

Article 7.Food derived from genetically modified organisms /GMOs/

7.1. Food derived from any living organism with a new combination of genetic information shall mean the food derived from genetically modified organisms.

7.2.The state central administrative body in charge of food issues shall register food derived from GMOs in accordance with the procedure specified in paragraph 14.1 of the Law on Ensuring the Safety of Food Products.

7.3.The state central administrative body in charge of food issues, the state administrative body in charge of quarantine inspection issues, and the state authority in charge of biosecurity issues shall inform the public about imported food derived from GMOs in electronic form.

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

7.4.It shall be prohibited to buy food from GMOs with foreign loans and aid.

Article 8.Support and incentives for conducting food business operations

8.1.The state may provide support and incentives for the following food business operations:

8.1.1.strategic food production;

8.1.2.import of widely consumed food that cannot be supplied by domestic production;

8.1.3.child nutrition and organic food production;

8.1.4.production of food with regulatory functions containing substances necessary to support the functioning of the human body as a whole or specific organs, biologically active substances with caloric replenishment services, enriched and beneficial microorganisms;

8.1.5.has introduced appropriate practices and controls specified in sub-paragraph 10.2.1 of this Law;

8.1.6.potatoes, vegetables and fruits were cultivated in the territory of Mongolia;

8.1.7.using domestic raw materials, produced food products with new technology to replace imports.

8.2.Relations in connection with incentives for citizens and legal entities engaged in crop farming production shall be regulated by the Law on Crop farming.

8.3.Livestock breeders and intensive animal breeders who supply healthy livestock of proven origin and raw milk that meets the requirements of technical regulation to livestock butcher and milk processing factories and mini-shops may be given cash incentives.

8.4.The list of widely consumed foods specified in sub-paragraph 8.1.2 of this Law shall be approved by the Cabinet member in charge of food issues.

8.5.The Government shall approve the forms of support and incentives for production specified in paragraphs 8.1 and 8.3 of this Law and the procedure for granting them.

Article 9.Ensuring nutritional adequacy of food

9.1.The state central administrative body in charge of health issues shall implement the following functions to ensure the nutritional adequacy of food:

9.1.1.carry out a national-level survey of population food nutrition every five years and report the results to relevant state bodies and the public;

9.1.2.based on the research specified in sub-paragraph 9.1.1 of this Law, make recommendations about proper nutrition and healthy food for the population, and organize information, training, and promotion thereto;

9.1.3.approve the procedure for assessing the risk of food produced by new technology.

9.2.Certain types of food products can be regulated by enriching with biologically active factors necessary for the human body or reducing the content of excess substances.

9.3.Relations in connection with the food enrichment and regulation of ingredients shall be regulated by the respective law.

CHAPTER THREE

REQUIREMENTS FOR FOOD BUSINESS OPERATIONS

Article 10.Requirements for engaging in food business operations

10.1.The following general requirements shall be applied to engage in food business operations:

10.1.1.to ensure the quality and safety of the products and services by the food business operator, and take responsibility for the consequences of its activities by itself;

10.1.2.to have buildings, equipment, tools, warehouses and vehicles that comply with standards and technical regulations;

10.1.3.to perform new construction, expansion, renovation of buildings for food production and service, installation of new equipment in accordance with the design reviewed and certified by the competent authority;

10.1.4.to introduce appropriate practices in its operations;

10.1.5.to have professional or qualified human resources in the case of conducting processing and catering food production;

10.1.6.before the start of the activity, to be carried out the environmental impact assessment in accordance with the law;

10.1.7.if required by law, to be obtained a permit.

/This sub-paragraph was amended by the law as of June 17, 2022/

10.2.The following control and management systems can be implemented in food business operations:

10.2.1.hazard analysis and critical point control specified in paragraph 7.3 of the Law on Ensuring the Food Product Safety;

10.2.2.food quality management;

10.2.3.safety management of food raw materials and products.

10.3.It shall be prohibited to use pesticides, chemical fertilizers, household pests, rodenticides, sterilization, and disinfectants in food business operations, other than those included in the list approved in accordance with sub-paragraph 6.1.3 of the Law on Toxic and Hazardous Chemicals.

Article 11.Requirements for food export and import

11.1.Food shall be exported and imported only by legal entities registered in Mongolia.

11.2.In addition to the provisions of the Law on Quarantine Control and Inspection during the Entry of Animals, Plants, and Raw Materials and Products Derived from them across the State Border, the legal entity specified in paragraph 11.1 of this Law shall meet the following requirements:

11.2.1.to have concluded a trade contract directly with the factory of the exporter country or with its official contracted distributor;

11.2.2.the food to be imported must be from a factory that has confirmed the introduction of appropriate practices or the control and management system specified in paragraph 10.2 of this Law;

11.2.3.two-thirds of the shelf life of imported food must be valid;

11.2.4.to have dedicated warehouses and vehicles that meet the requirements of standards and technical regulations, or to have a contract with a legal entity or organization that meets these requirements.

11.3.It shall be prohibited to import the enrichment preparations, food additives, pure culture media of microorganisms (hereinafter referred to as "culture media"), food produced by organic and new technologies if the importer is not registered in accordance with Article 16 of this Law and which do not have internationally using identification or marking, as well as the food derived from GMO's which has not been registered in accordance with paragraph 7.2 of this Law.

CHAPTER FOUR

FOOD SAFETY INSPECTION, REGISTRATION AND CERTIFICATION

Article 12.Internal control over food business operations

12.1.The food business operator shall implement internal control at each stage of the food chain belonging to it and shall be fully responsible for the quality, hygiene and safety of food raw materials and products.

12.2.The Government shall approve the model procedure for the implementation of the control specified in paragraph 12.1 of this Law.

12.3.Relations in connection with ensuring the hygiene and safety of food raw materials and products shall be regulated by law.

Article 13.Control of food safety

13.1.Control of food safety shall be implemented through the following activities:

13.1.1.surveillance research on food quality and nutrition in the market;

13.1.2.state control over food business operations;

13.1.3.customs and quarantine control of food export and import;

13.1.4.in the case of export and import of strategic food, the issuance of permits specified in paragraph 6.8 of this Law.

13.2.The control specified in sub-paragraphs 13.1.2 and 13.1.3 of this Law shall be regulated by the relevant laws.

13.3.Professional associations and other non-governmental organizations and citizens may conduct external monitoring of food safety within the scope and limits prescribed by law.

Article 14.Participation of non-governmental organizations in ensuring food safety

14.1.The non-governmental organization shall participate in ensuring food safety in the following areas:

14.1.1.conduct public monitoring on the implementation of legislation on food, demand the elimination of detected violations, and submit the respective matter to the competent authority for resolution;

14.1.2.submit proposals to state and local administrative bodies on the issue of protecting the rights of consumers and food production operators;

14.1.3.organize training and promotion aimed at ensuring food safety and proper nutrition in cooperation with relevant professional organizations;

14.1.4.conduct research and implement projects in connection with ensuring food safety.

Article 15.Customer support for ensuring food safety

15.1.The customer shall support activities to ensure food quality, hygiene, supply, and availability through the following participation:

15.1.1.protect his/her health by choosing and consuming food with a clear and guaranteed origin;

15.1.2.gain knowledge and acquire methods of consuming food that contains nutrients necessary for the body in appropriate proportions according to age, gender, health, work, nature, and climatic conditions;

15.1.3.store, prepare, and process food according to the intended use and instructions, accustom his/herself and family members to proper practices to prevent food-related illnesses.

Article 16.Registration

16.1.Enrichment preparations, food additives, culture media, food produced by organic and new technologies shall be registered in the state register by the state central administrative body in charge of food issues.

16.2.The procedure for registration and release for public consumption of enrichment preparations, food additives, culture media, food produced by organic and new technologies, specified in paragraph 16.1 of this Law, shall be approved by the Cabinet member in charge of food issues.

16.3.Relations in connection with determination of radiation level in food and its control shall be regulated by the Law on Nuclear Energy.

16.4.Relations in connection with organic food shall be regulated by the law.

Article 17.Certification

17.1.A food business operator may certify that it has implemented appropriate practices, control, and management systems specified in sub-paragraph 10.1.4 and paragraph 10.2 of this Law by an internationally accredited competent authority.

17.2.The list of accredited competent authorities and certified food business operators specified in paragraph 17.1 of this Law shall be issued and informed publicly by the state central administrative body in charge of food issues.  

CHAPTER FIVE

NATIONAL FOOD SAFETY COUNCIL

Article 18.National Food Safety Council

18.1.The non-staff National Food Safety Council /hereinafter referred to as the "National Council"/ consisting of representatives of the public and private sectors, with the function of coordinating the work of ensuring food safety in Mongolia, shall work next to the Government, and the Head of the National Council shall be the Prime Minister of Mongolia.

18.2.There shall be a full-time secretary responsible for managing the daily activities of the National Council.

18.3.The National Council may have professional branch councils and expert teams.

18.4.The Government shall approve the rules and operational procedures of the National Council, appoint and dismiss its composition.

18.5.The National Council shall perform the following functions:

18.5.1.make proposals and recommendations to ensure the implementation and improvement of state policies and legislation on food safety, and submit them to relevant organizations for making a decision;

18.5.2.coordinate inter-sectoral activities related to ensuring food safety;

18.5.3.define and give direction on further measures to be taken regarding food safety;

18.5.4.annually present to the National Security Council in regards with the actual food consumption, supply and quality of the population, the state of hygiene, the name, type and ingredients of food, the appropriate ratio of nutrients, and the measures to be taken in the future;

18.5.5.present a report on the state of food security to the State Great Khural per annum.

CHAPTER SIX

MISCELLANEOUS

Article 19.Responsibilities for violators

19.1.Any person or legal entity who violates this Law shall be subject to the penalties specified in the Criminal Code or the Law on Violations.

/This article was modified by the law as of December 4, 2015/

Article 20.Entry into force of the Law

20.1.This Law shall enter into force on March 1, 2013.

20.2.Sub-paragraph 10.1.4 and paragraph 16.1 of Article 16 of this Law shall enter into force on January 1, 2014.

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