30 January 2023
On 5 January 2023, the Myanmar Department of Consumer Affairs (“DCA”) issued DCA Directive No. 3/2022 (“Directive”), which sets out guidelines for the recall of goods and temporarily halting the sale and distribution of goods and services (collectively, “products”) where such good or service relates to “dangerous” products.
The Directive differentiates between products that cause minor harm to consumers and those that are capable of causing death with the former subject to a temporary ban and the latter to a permanent ban. DCA will name affected products on its website. The Directive provides that products can be recalled based on a number of factors, including hazardous design and defect.
Identification of the products can be made via several routes, including reports by the public, government agencies, and an assigned DCA inspection officer.
The Directive sets out the duties of business owners including disclosure of a recall or permanent ban to the public. It also stipulates the procedure to be followed, including informing other businesses in any relevant supply chain of a decision to recall or ban a product. Other procedures set out in the Directive include the type of information to be provided on the affected product as well as how and when consumers must be notified of such action.