Decision No. 38/2008/QD-BYT promulgating the Regulation on limits of cross-contaminated melamine in food

OFFICIAL GAZETTE tuue nos 05-06lDecember 2008 (Cong Bao no 6521December 16.2008) Pursuant to July 26, 2003 Ordinance No. 12/ 2003IPL-UBTVQHll on Food Hygiene and Safety, of the National Assembly Standing Committee, and the Governments Decree No. 16312004/ND-CP ofSeptember 7, 2004, detailing the impLementationofa number ofarticles ofthe Ordinance on Food Hygiene and Safety; At the proposal of the directors of the Food Safety and Hygiene Department and the Science nnd Training Department, the Ministry ofHealth DECIDES: Article 1.- To promulgate together with this Decision the Regulation on limits of cross contaminated melamine in food. mE MINISTRY OF HEALTH DECISION No. 3812008/QD~BYT OF DECEMBER 11,2008, PROMULGATING THE R£G-ULATION ON LIMITS OF CROSS-CONTAMINATED MELAMINEIN FOOD THE MINISTER OF HEALTII Pursuant to the Government s DecreeNo. 188/ 2007/ND-CP ofDecember27, 2007, defining the functions, tasks, powers and organizational structure ofthe Ministry ofHealth; Article 2.-Whenequivalentnationaltechnical regulations are promulgated, limits of cross contaminated melamine in food comply with thoseregulations. Article 3.R This Decision takes effect 15 days after its publication in "CONG BAD." Article 4.-The director oftheOffice,the Chief Inspector and the directors of the Legal Department, theScienceandTraining Department and the Food Safety and Hygiene Department of the Ministry of Health. directors of provincial level Health Services, heads of units under the Ministry of Health. heads of health agencies of branches,and heads of concerned agencies shall implement this Decision. For the Minister ofHealih Vice Minister CAO MINH QUANG @ VIETNAM LAW & LEGAL FORUM Issue nos O5-06IQeoember 2008 (Cong 8ao no652JOQoombcr 16, 200S) OFFICIAL GAZETTE 55 REGULATION ON LIMITS OF CROSS CONTAMINATED MELAMINE IN FOOD (Promulgated together withtheHealth Minister's Decision No. 38120081QD-BITofDecember11, 2008) Article1.- Scopeofregulationandsubjects of application ThisRegulation: atSeLS nmus ofcross-comamtnared melamine in domesticand imported food. bIIsnotapplicable toanycasesofintentionally adulteratingfoodwith melamine, d Isapplicable 10organizations andindividuals producing, processing, trading, exporting or importingfood inVietnam. Article 2.~ Interpretation of terms In this Regulation, the terms below are construedas follows: Cross-contamination means unintentionally direct contamination of food products from the environment.tools, packaging(directcontact)or indirectly from othersources. Article 3.- Limits of cross-contaminated melarnine in food 1.Limitsof cross-contaminated melaminein food ure set as foliows. aJ For food for children under 36 months of age:notexceeding 1.0mg/kg of food(-:;;; I.Oppm). bIForotherfoods: notexceeding2.5mglkg of food (".; 2.5ppm), 2. These limits muy be changed when scientific bases on the toxicity of melamine and. relevant substances are additionally announced by the World Health Organization (WHO) and the United Nations Food and Agriculture Organization (FAO). Article 4.~ To strictly prohibit intentional adulteration of food withmelamine in any form with any content. Article 5.- Methods to determinemelamine in food Methods [0 determine melamine in food complywith the normal technicalregulations on quantitative determination of melamine in food. promulgated togetherwith the HealthMinister's Decision No.4143/QD--BYT ofOctober22,2008. Forthe Minister of1UJJ/th Vu:e Minister CAD MINH QUANG @ VIETNAM LAW & LEGAL FORUM