3.86.  The Plant Protection Division of the Department of Agriculture (DOA), the Department of Fisheries (DOF), and the Livestock Breeding and Veterinary Department (LBVD) of the MOALI are responsible for SPS measures, and the Department of FDA of the Ministry of Health and Sports is responsible for food safety. SPS-related standards follow those of Codex, the International Plant Protection Convention (IPPC), ASEAN, and the OIE. Myanmar adopted Codex maximum residue limits (MRLs) and ASEAN MRLs, as interim measures, according to the FDA. To date, seven SPS standards have been adopted based on Codex Alimentarius standards.[96] The Plant Protection Division under the DOA is the WTO SPS National Enquiry Point. During the review period, Myanmar notified its SPS measures to the WTO.[97]

3.87.  The main legislation covering SPS measures are the Animal Health and Development Law, 2020 (adopted on 26 August 2020), the Plant Pest Quarantine Law, 1993, and the National Food Law, as amended in 2013. The LBVD oversees animal-related SPS measures; the Plant Protection Division of the DOA oversees plant-related SPS measures; the DOF oversees fish-related SPS measures; and the FDA oversees the ready-to-eat food-related SPS measures

3.88.  In accordance with the Animal Health and Development Law, 2020, the LBVD establishes regulations and procedures, and takes SPS measures on exportation and importation of animals, animal products, and animal feed. Import recommendations are required to import live animals, animal products, animal feed, and veterinary drugs; export recommendations and health certificates are required to export animals, animal products, and animal feed.[98] Traders must follow the procedures stipulated in the Regulations for Importation and Exportation of Animal and Animal Products, 2017. The LBVD administers six checkpoints and five quarantine stations, located at international airports, seaports, and border entry/exit points. It may take up to 23 days to issue import/export recommendations, depending on the types of commodities and testing methods. As stipulated in the Plant Pest Quarantine Law, 1993, the Plant Protection Division issues certificates for imports and exports of plants and plant products; they are issued in the Yangon head office and at the inspection stations at 12 border entry points. It takes 24 working hours (three days) to issue the certificates

3.89.  SPS-related certificates are mandatory for imports and exports of: (i) processed food (FDA); (ii) live animals, animal products, unprocessed meat/meat products, animal feed, and veterinary pharmaceuticals (LBVD); (iii) fisheries (DOF); (iv) pharmaceuticals (FDA)[99]; (v) pesticides (DOA); and (vi) testing of grains (generally for export) and edible oils (mainly for import) (Commodity Testing and Quality Management, formerly known as the Post-Harvest Technology Application Centre of the Department of Consumer Affairs). Myanmar has 15 ISO/IEC laboratories, including 8 ISO/IEC 17025 accredited laboratories (one run by the MOALI, five by the FDA under the Ministry of Health and Sports, one by the DRI under the Ministry of Education, and one by the Myanmar Food Processors and Exporters Association under the UMFCCI)

3.90.  The National Seed Policy was adopted by Order No. t/2016 of the MOALI on 12 August 2016, and went into force on 12 August 2016. Chapter 6, subtitle (d), states that "[t]he Government will investigate, in collaboration with its development partners, the applicability of relevant aspects of GMO technology to Myanmar to derive desired benefits. However, it will remain alive to possible negative side effects of GMO technology and encourage the research institution to acquire expertise and skills in practices of modern biotechnology, particularly with regard to bio-safety in the application of GMO technology. Only non-food GMO crops will be partially accepted."[100] Accordingly, GMO imports are allowed only for research purposes

3.91.  The Seed Law 2011 was amended by Pyidaungsu Hluttaw Law No. 5 on 18 February 2015. The National Seed-related Committee (NSC) and the Technical Seed Committee were established on 5 October 2015 and 19 February 2016, respectively, to carry out the requirements under the Seed Law. The NSC was set up to issue recognition certificates for new plant varieties, establish seed-testing laboratories, and issue seed business licences and Seed Import and Export cases. According to Chapter 6, subtitle (d), of the Policy, the NSC does not accept applications for GMO crops that are intended for food crops. The NSC may accept non-food GMO crops, such as BT cotton (GMO cotton), which is intended for industrial crops. The Horticulture and Plant Biotechnology Division under the DOA of the MOALI is the focal division responsible for drawing up a Biosafety Law, a framework, and Guidelines to sow GMO crops systematically. The Plant Biotechnology Centre under the Division tests GMO and non-GMO imported crops, and issues GMO or non-GMO certificates. This certificate is essential for obtaining the recognition certificate for a new plant variety from the NSC

3.92.  On 17 January 2020, Myanmar and China concluded an MOU on the Inspection and SPS Arrangements on Rice and Broken Rice, which is valid for two years.[101]