New laws going into effect January 1, 2017

Kh.Kugershin

2017-01-02 10:27 GMT+8

State Great Khural of Mongolia have revised and amended several draft laws in 2016. Here’s a look at the laws that take effect on Jan. 1, 2017.

LAW ON ORGANIC FOOD 

The purpose of this law is to regulate all aspects on organic agriculture, production of organic food, feed and fertilizer, their certification, trade, import, use of organic logo and advertisement. ​

This law shall apply to agricultural originated organic food, unprocessed raw materials and products, natural plant originated organic food, organic feed, organic fertilizer and seed and seedlings. ​

Main provisions of the law:

  • Food and feed is considered as organic if 90 or above percent of ingredients are organic. 
  • Organic producer shall be responsible for the following duties: implement activities defined in contract with the certification body as per 6.2 of this law; develop and comply with technology that conserve natural characteristics of food raw material and product nature and has no negative impact on human and animal health and environment; based on internal resources, use no waste or law-waste technology, utilize water rationally; shall inform certification body and specialized inspection body in written form within 10 working days if entire organic production or specific product production is closed. 
  • Cabinet member responsible for food and agriculture shall approve design of logo, mark of organic product and its application procedure. 
  • The following are prohibited in organic production, in addition to 1 0.3 of law on Food safety: use radiation in processing of organic food; utilize household and industrial waste, and mud from treatment facility of city; utilize animal, its offspring produced by cloning; utilize modified organism its originated ram material, product and growth hormone. 
  • The following body shall execute certification for organic production and organic food, feed and fertilizer: certification body accredited by an authorized body of Mongolia; a foreign accredited body registered in Mongolia. 
  • To trade imported organic food in Mongolia the following requirements shall be met in addition to 9.1 of this law: shall be registered and listed in accordance with 16.2 law on food; shall have valid certification issued by export country certification body determines product as organic. 
  • Specialized agency shall compile facts on control of import and export of organic food and submit to the central state administration body responsible for food and agriculture quarterly.

LEGISLATION LAW 

State Great Khural of Mongolia has approved Legislation Law on May 29, 2016 and it has projected to be enforced from Feb 10, 2016. 

However this law came into effect from Jan 1st, 2017 in order to provide law enforcement. 

The purpose of this law is to ensure progress of legislation to initiate, processing legislation, improving quality, ensuring public participation, determining the requirements for draft legislation,  studying the needs and requirements for legislation and assessing implementation effectiveness of legislation. 

LAW ON DOMESTIC VIOLENCE 

Mongolia’s first-ever Law on Domestic Violence was approved in 2004. Although considered an important first step in addressing the long-ignored issue of domestic violence, it was largely ineffectual. It lacked adequate budgetary support and its provisions conflicted with existing laws, preventing proper implementation.

To create the proper infrastructure needed to support the Law on Domestic Violence, six other laws were amended, including the Criminal Code, Law on Law Enforcement, Law on Administrative Violations, Law on Criminal Procedure, Law on Marshals Service, and the Law on Victim and Witness Protection. 

Newly amended law will be go into effect starting Feb 1st, 2017. 

The law was created with the goal to make domestic abuse a criminal offense and to allow for appropriate punishments for the promotion of safety for victims and prevention of the recurrence of domestic violence. Under previous laws, domestic abuse had been considered a minor offense punishable by a fine. If the revised edition is approved, domestic abuse will be a raised to be criminal offense. The revised edition of the Law on Domestic Violence and Abuse will include a punishment of 1-3 months of imprisonment for domestic violence, 3-24 months of imprisonment for torture. Under the new law, a neighbor will be legally responsible to report domestic violence to the police if they are aware of it.

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