Interest in organic farming, soil health, and regenerative agriculture has increased rapidly in recent years, and the demand for biological and organic fertilizers has accordingly undergone dramatic growth. Biological fertilizers contain specific levels of microorganisms (such as nitrogen-fixing bacteria); organic fertilizers similarly contain microorganisms and typically come from animals and plants, such as livestock manure and crop residues. Although responsible fertilizer use is still necessary to prevent unintended effects, these “living fertilizers” can boost yields and promote plant productivity without many of the adverse environmental effects and safety concerns of chemical fertilizers. This makes them highly sought after for organic farming, and prized by agricultural operators looking to promote soil health as a bedrock of sustainable agricultural practices. As the global trade for organic and biological fertilizers has scaled up, producers and agribusiness companies have expanded organic and biological fertilizer offerings to new markets. Not only do different countries have their own regulations for fertilizers in general, but they also often have specific requirements and rules for biological and organic fertilizers. This guide provides fertilizer producers and traders with an overview of the legal landscape for these fertilizers in three major Southeast Asian markets so that businesses can make their fertilizers available and foster sustainable agricultural practices in the region. The full Biological and Organic Fertilizers in Indonesia, Thailand, and Vietnam guide can be downloaded through the button below.

On July 27, 2022, Myanmar’s Ministry of Commerce (MOC) issued Newsletter No. 8/2022 to effectively ban foreign companies and foreign joint ventures from exporting value-added beans, corn, and sesame. This newsletter repealed Newsletter No. 2/2020, which had prescribed the criteria for beans, corn, and sesame to be considered “value-added” crops. These criteria had to be fulfilled in order for these commodities to be exported in accordance with Notification No. 24/2019, which had permitted foreign companies and foreign joint ventures to purchase seven categories of commodities from local manufacturers for export, subject to certain terms and conditions. These include: Meat and fish; Value-added crops; Pulp and paper; Seeds; Refined metals; Semi-finished or finished valued-added fruit products; and Timber-based furniture. With the repeal of the conditions in Newsletter No. 2/2020, foreign exporters are left with no reference criteria for how to achieve “value-added” status for beans, corn, and sesame, and thus will not be able to submit a complete application for the necessary export license. However, exportation of the other items in the list above remains unaffected and open to foreign exporters who meet the applicable requirements. The MOC explained their decision to revoke the permitted criteria by noting that some foreign companies were not actually producing beans, corn, and sesame that fulfilled the criteria for value-added status as laid out in Newsletter No. 2/2020, but were falsely exporting their goods as “value-added crops.” The revocation of the export criteria for beans, corn, and sesame took immediate effect. For more details on these export restrictions, or on any aspect of importation and exportation regulations in Myanmar, please contact Tilleke & Gibbins at [email protected].

On July 13, 2022, the Vietnamese government issued Decree No. 46/2022/ND-CP amending and supplementing some articles of Decree No. 13/2020/ND-CP providing detailed guidance on the Law on Animal Husbandry (“Decree 46”). The new decree took effect on the issuance date. Among the changes introduced by Decree 46 are a number related to animal feed. Recognition of Testing Methods of Exporting Countries Decree 46 clarifies the steps to recognize animal feed testing methods of laboratories in exporting countries. Under the amended regulations, the Department of Livestock Production (DLP) will organize an assessment team to appraise each dossier for recognition of animal feed testing methods within 30 days of receipt of a complete dossier. If the dossier lacks required information or authenticity, the DLP will organize a practical assessment team at the exporting country’s testing laboratory. If the dossier passes the assessment, within five working days from the completion of the assessment, the DLP will issue a decision on recognition of the testing method. The validity of this decision has been lengthened from three years to five years. State Inspection of Animal Feed Quality Process of State Inspection Decree 46 specifies the process to conduct state inspection of the quality of imported animal feed by unifying the regulations stipulated in the related legal documents listed in Decree 13. The process includes the submission of a state inspection dossier, timelines to receive feedback from the inspection authority, and further steps that can be taken upon receiving acceptance or refusal decisions from the authority. For traditional animal feed and complete compound animal feed, imported shipments are customs-cleared as soon as the importer completes the customs procedures. Within 15 days from the customs clearance date, the importer must submit the conformity assessment results. The importer has complete responsibility for the conformity assessment results, and

Practical Law has published an updated online version of Agricultural Law in Thailand, a Q&A-style guide that provides detailed overviews of Thailand’s agriculture laws and regulations. The Thailand overview is one of approximately twenty such guides to jurisdictions worldwide, covering key practical issues related to the legal environment for agricultural operations. The Thailand section, which was written by lawyers at Tilleke & Gibbins, covers the following topics: Agricultural policy Acquisition of agricultural companies Acquisition of agricultural land Crop seed business Plant variety rights Genetically modified crops Animal and animal welfare issues Agricultural safety and product liability Practical Law, produced by Thomson Reuters, is a comprehensive global legal resource for business lawyers. The platform features a wide range of guides covering hundreds of jurisdictions and practice areas. The full Agricultural Law in Thailand chapter can be accessed on the Practical Law website.