Decision No. 41/2005/QD-BYT promulgating the Regulation on food safety and hygiene conditions for food trading and eating service establishments

18 OFFICIAl r,AZETTF Isslle nos Os.06lAIlO"Sf mPR (Cong BaD nos 467-413B!August 22, 2008) DECISION No. 41/200S/QD-BYT OF DECEMHEK K, ZOO':', PKUMUL(;ATINU THE REGULATION ON FOOD SAFETY ANDHYGIENE CONDITIONS FORFOOD TRADING AND EATING SERVICE ESTABLISHMENTS THE MINISTER OF HEALTH @ VieTNAM LAW 6< LCO....L rORUM Issue nos05-06lAugust 2008 (GOng Baonos 487-4681Auoust 22. 2(08) OFFICIAL GAZETTE Pursuant to the Government's DecreeNo. 49/ 2003/ND-CP of May 15, 2003, defining the functions, tasks, powers and organizational structure oftileMinistry ofHealth; Pursuant to July 26, 2003 Ordinance No. 121 2003IPL-UBTVQHll on Food Safely and Hygiene; Pursuant to the Governments Decree No. 163/ 2004/ND-CP ojSeptember 7, 2004, detailing the implementation of a number of articles of the Onli"wu::e: on Food Saftty cum Hygiene, At the proposal of the director of the Food SafetyandHygieneDepartment, the Ministry of Health, DECIDES: Article 1.- To promulgate together with this Decision the Regulation on food safety and hygiene conditions for food trading and eating service establishments. Arlicle 2.- This Decision takes effect 15 days after it." publication in "('ONCT RAn" All previous provisions which are contrary to this Decision are annulled. Article 3.- nit: l.1iJlXlul of'the Offlce, the Chief Inspector, thedirector oftheLegal Department, the director of the Food Safety and Hygiene Department, heads of concerned unite under the Ministry of Health, directors of provincial/ municipal Health Services and heads of health agenciesof branchesshall implementthisDecision. Forthe Minister ofHealth Vree Minister TRINH QUAN HUAN REGULATION ON FOOD SAFETY AND HYGIENE CONDITIONS FOR FOOD TRADING AND EATING SERVICE ESTABLISHMENTS (Promulgaiedtagetherwuh. the Health Minister's Decision No, 41I2(K)5IQD-BYTofDecember 8, 2005) ChapterI GENERAL PROVISION~. Article1.-Scope ofregulatioo This Regulation provides for the food safety and hygiene conditions for food traders andcatmg service providers. Arlicle 2.- Subjects of application This Regulation applies to organizations and individuals trading in food and providing eating services in the Vietnamese territory Artit:le 3.- Interpretation of terms In this Regulation. the terms below are construed as follows: 1. Fixed food trading and eating service estuhiishmeru means any rual.1siu~ house OT building used for food business and !G divided intoeating service establishment and food tnIding establishment. Eating service establishment means an establishment which processes food to serve customers directly armeestablishment. Food trading establishment means an establishment which merely sells food (also called food store) without providing any eating service © VIETNAM LAW & LEGAL FORUM 20 OFFICIAL GAZETTE Issue nos 05-06/August 2008 (Con" Baanos 467-468/Auoust 22. 2OOB) at the establishment. 2. Eating house means a fixed eating service establishment which can concurrently serve less than 50 customers (popular rice, noodle, vermicelli and porridge shops). 3. Restaurant means an eating service establishment which can concurrently serve 50 or rncre ccetorners. 4. EatF!r;y means a semi-mobile smalleating service establishment which has only several waitero and ic usually located wong otreete, on sidewalks'Of inpublic places. 5. Gatueen means a refreshment room serving.snacks, food and drinks for the staff of an agency. 6. Market means a place for trading on particular clap <U1d time.'). 7. Eating hall or collective kitchen means a collectiveeatingplacewhere food processedand cooked atthe same Lime. 8.Supermarket meansa largedepartmentstore selling food and other commodities. 9. Falr means a venue for displaying and introducing goods, and organizing goos quality contests andassessments. ChDpter II FOODSAFETYAND HYGIENE CONDITIONS FOR FIXED AND MOBILE FOOD TRADINGAND EATING SERVICE ESTABLISHMENTS Section 1.EATING SERVICE ESTABUSHMENTS Article 4.- Eating houses l. To have sufficient clean water and ice. 2. To have separate utensils and containers as well as display places for raw and cooked food. 3. Food processing places must be clean and separated from sources ofcontamination (sewers, garbage, toilets, cattle and poultry selling places) and food must be processed in the one-way direction. 4.Food processors mustreceive health-checks and have their excrement tested at least once a y=. 5.Food processors must possess a certificate of food safety and hygiene training. 6. Persons having directconractwirnfood must wear safety clothing and caps, remove all jewelries, have their fingernails cut and always keep their- hands clean. 7.Raw materials must have a safe origin. Food additives outside the list permittedby the Ministry uf Health IIIU:)t nul 00 used. 8. Food for sale must be placed on tables or shelves at least 60 ern above the ground. 9. Food for sale must be placed in glass showcases or hygienic preservation containers which can prevent flies, dust, rain, sunlight and other msects and amma1s. 10. To have covered tight waste containers and to dispose of waste daily. Article5.- Restaurants 1. To have separate places for cooking and serving food. 2. All sources of food supply must have specific and safe origins. 3. Processing facilities, equipment and tools © VIETNAM LAW & LEGAL FORUM I.... nos O;.ll6lAugusl 2008 (C6ng 8&.0nos 167-1681llUgust 22,2008) OFFICIAL GAZETTE 21 must meet prescribed general hygienic requirements. 4.Waitersmustreceivehealth-ehecks andhave theirexcrement testedat leastoncea year, possess a certificate of food safety and hygiene training and ensure good personal hygiene practices. 5. To always keep eating rooms, tables and chairsdean and have sufficient toilets, Wi:C>1J1J<lliiu::. anda cupboardfor keeping food samples for 24 hours. Article 6.- Eating service establishments in hotels 1. To have contracts on supply of safe, food materials and fully carry aut the three-step food testingprocess. 2. To fully satisfy food safety and hygicrtc conditions on facilities, equipment and utensils and follow the one-way kitchen principle. 3.Waitersmustreceivehealth-ehecks andhave theirexcrement testedat leastonceayear; possess a certificate of food safety and hygiene training and ensure good pcrscnak hygiene 1'1d.\..til,C~. 4. To always keep eating rooms, tables and chairscleanandhavesufficient toilets, washbasins and a cupboard tor keepmg tood samples for 24 hours. 5.Placesforfooddisplayfor saleor self-service must be kept away from flies, breath or saliva of eaters. To have food taking utensils. Article 7.- Eateries 1. To have sufficient clean water for food processing and washing up and a hygienic waste treatment system. 2. Food materials must have asafe origin and not contain food additives outside the list permitted by the Ministry of Health. 3. To process and display food on a place at least 60 em above the ground. 4. To cover food to prevent flies, dust, rain and wind. 5. Waiters mustreceivehealth-checks andhave their excrementtestedat leastoncea )'('M; possess a certificate of food safety and hygiene training and ensure good personalhygiene preetices. Article 8.- Canteens 1.Toensure a clean surroundingenv1ronment for canteens in order not to contaminate the food hygieneenvironment. 2. To fully meet food safety ami hygiene requirements on facilities, equipmentand utensils and maintain daily cleaning. 3. All food for sale in canteens mu..t have a safe origin and full be labeled according to regnlarions Ah"olnt~1.y not to ,,~ 1I feed with expired use duration and use food additives outsidethelistpermittedbytheMinistryofHealth. 4. SCI"ice staffuursuecelve health- d)l':l;Ju; 31111 have their excrement tested at least once. a year, possess a certificate of food safety and hygiene training and ensure good personal hygiene practices. 5. Tofullycarryaut the three-stepfoodIlISIing process andkeepfOOl1 samples for 24hours. Arlicle 9.- Eating hall or collective kitchen 1.To havecontractson safe food supply, fully © VIETNAM LAW & LEGAL FORUM 22 OFFICIAL GAZETTE Issue nos QS.06/Auaust 2008 (COngBao nos 467-4J38!Auglnt 22, 2008) carry out the three-step food testingprocessand kf'i'11 food samples for 24 hours 2. Servicestaffmustreceivehealth-checks and have their excrement tested at least once a year; possess a certificate of food safety and hygiene training and ensure good personal hygiene practices 3. To meet food sufc ty and hygfcnc requirements on facilities, equipment and tools and observe the one-way food processing and C'nnHnepnnC'iplf" 4. Bating rooms must be airy, cool and sufficiently lit, have equipment to prevent flies, rnosqoitocs, insects, rats and animals, and be kept clean. 5. To have systems of food preservation equipment and toilets and to collect waste and garbage daily. Article /0.• Cafes and tea shops I. To ensure safe origins of raw materials. 2. Norte use tea or coffee having residues of pesticides and toxic mildew. 3.Tomeetfood safety andhygiene conditions on facilities, equipmentand tools, especially those fur rea anti ccrtee making. 4.Service staffmust receive health-checks and have their excrement tested at leastonce a year, possess a certmcate ot rood satety and hygiene training and ensure good personal hygiene practices. 5. To only use labeled additives and sugar within their use duration. To only use chemical additives and sweeteners in the list permitted by the Ministry ofHealth. Article 11.- Bars selling wines, beer and soft drinks I. To sell only alcohol, beer and soft drinks having a safe origin and meeting food safety and hygiene standards. 2. The shops must be clean, airy and f1y-, insect- and animal-free. Places for displaying beverage must be at least tiOcm above the ground. To have sufficient toilets and washbasins for customers. 3. Glassesand cups must be safe for use, clean and dried before use. 4. Snacks must meet food safety and hygiene requirements. Not to use chemical sugar for making drinks. Ifusing such, to have a regulation on use. 5. Service staff must receive medical examination and have theirexcrement tested at leastoncea year, possessa certificateof food safety and hygiene training and ensure good personal hygiene practices. &cIion 2. FUUD 1"RAlJ/NG ESTABliSHMENTS A,tit:;k 12.- Cake, MIop.5 (selling dumpling.:s, breads, cakes, banh su se (wedding cake with greenbean and coconut filling), hanh com (green rice cake with green bean fillings), banh gai (glutinous rice cake dyed in black leaves) and banh dau xanh (greenbeancake). 1. Facilities, equipment and tools for processing, preservation and storage must meet food safety and hygiene conditions prescribed. by the Ministry ofHealth. © VIETNAM LAW& LEGAL FORUM Issue nos 05-06lAugust2008 (C6no BaD OOS 4fi7-4fiR1AII(}lJ.~17?, 7OOR) OFFICIAL GAZETTE 23 2. Raw materials for production and processing must have a safe origin. Not to use musty and poor quality materials. 3. To sell only cakes which are within their expiry dates, not musty or spoiled. To use only allowable additives. Not to use toxic synthetic colors and boraxin processing and preservation. 4. Sellers must receive health-checks andhave their excrement testedat least once ayear, possess a certificate of food safety and hygiene training Andensure good personal hygiene practices, 5. Not to use dirty paper, leaves and other wrapping materials which do not meet foodsafety and hygiene requirements. Article13.-Cooked foodshops 1. Food for sale must be placed in glass showcases or hygienic containers which can prevent flies, dust, rain, sunlight, insects and other animals. Not ill sell stale fooclonhose wnhexplred use duration or unclear origin. 2. Sellersmustreceive health-checks and have their excrement tested at least once a year, possess a certificate of food safety and hygiene training and ensure good personal hygiene practices. 3. Not to use additives and synthetic colors outside the listpennitted by theMinistry ofHealth. 4. To have food taking utensils. 5. Packaging materials must be clean and specially used for food. Article 14.- Confectionery shops 1.To sellonly confectionery labeledaccording toreguiations within their expiry dates. Absolutely not to display and sell fake food or those with unclear origin or failing to meet food <;;:)fl":ty and hygiene requirements. 2. To have racks, showcases, shelves to airily display food and preventduet, mill, sunlight, wiud and harmful insects and animals. 3. To regularly check labels and food safety and hygiene quality offood for sale and promptly remove degenerated and spoiled food or those with expired use duration. 4. Sellers mustreceive health-checks andhave their excrement tested at least once a year, possess a certificate of food safety and hygiene training and ensure good personal hygiene practices. 5. To have special-use equipment su.itable for preserving different kinds of food.. Article 15.- Shops selling pickled vegetables and egg-plants, soya sauce, fish sauce, spices and cooking oil 1. Places for selling and storing ROOds must be high, airy, dean and free from flies and harmful insects and animals. 2. Containers must satisfy food. safety and hygiene requirements of the Ministry ofHealth. 3. Sellers must receive health-checks and have their excrement tested at least once a year, posses~ a ceruncate uf fLM.X1 safely and hygiene uatnmg and ensure good personal hygiene practices. Raw materials and products for sale must have a safe origin. 4. Not to use additives and preservatives outside the list permitted by the Ministry of Health. © VIETNAM LAW& LEGAL FORUM 24 OFFICIAL GAZETTE Issue nosos.o6lAugust 2008 (GOng ~o nos 467-d681August 22,2008) 5. Packaging mustmeetprescribedfood safety 1\00 hygiene Wi}l1iTf'mf'TIt<;: Amcte 16.-Milk and sugarshops 1. To tullv satisfy food safety and hygiene requirements on facilities, equipment and tools. To have racks, showcases and shelves for food display. 2.Sellers must receive health-checks andhave theirexcrement testedat leastonce a year,possess a ('.M1ifi(,.:;Jt~ of food safery and hyeif'.TIf' training andenscre goodpersonal hygiene practices. 3. Goodsfor salemusthavea safeorigin and be \abclcdaocording to regulations. Not to display and sell fake food or those with expired use duralionofpoorquality withrespecttofoodsafety and hygiaee. 4. 'Ioregular check labels and food safety and hygiene quality of goods to promptly dispose of spoiledanddeteriorated food or those wid! expired use duration. 5. TG have food preservation equipment suitable to different kinds of food. AlticlR 17.- Butcher's shops 1. All meat tor sale must have a sate ortgm and quarantine certificates issued by an animal healthagency. 2. Meat for sale must be placed on tables at least 60 em above the floor and protected from flies and other harmful insects and animals. 3. Not to display stale, infected or contaminated meat. 5. Sellers must receive health-checks and have their excrement testedat least once a year, possess a certificate of food safety and hygiene training and ensure good personal hygiene practices. Arlicle 18.- Seafood shops 1.To meet prescribed food safety and hygiene conditions on facilities, equipment, tools and containers for storing and preserving aquatic products. 2, Aquatic products for sale must have a safe origin. Not to display and sell infected, contaminated or rotten aquatic products. 3.Absolutely not topreserve aquatic products with toxic chemicals (borax, urea....). 4. Sellers mustreceive health-ehecks andhave theirexcrement tested at least once a year, possess a certificate of food safety and hygiene training and ensure good personal hygiene practices. 5. Water for cleaning and preserving aquatic products must be clean. Arlicle 19.- Greengrocery shops 1. Vegetables and fruits for sale must have a safe origin. 2. Places for selling and storing goods, sale and preservation equipment and menus of, transportation must satisfy fnod safetyand hygiene requirements. 3. Not to spray, steep or soak chemicals in '1l;;.gt:.lalJk~ all.U [lUiu; fl..ll' plt:.::.t:.\ '1aliUII. Nut lu display andsellwilted, crushed or contaminated vegetables and fruits or those preserved with toxic 4. Not toprcscrvc.mcar with toxic prcscrvedvce. chemicals. © VIETNAM LAW& LEGAL FORUM Issue nosOS-06lAugust 2008 (GOng B80 nos 467-468/AUf]lJSt 22. 2(08) OFFICIAL GAZETTE 4. Sellers must receive health-checks and have their excrement tested at least once a year, possess a certificate of food safety and hygiene training and ensure good personal hygiene practices. 5. Not to mix "clean" and "unclean" vegetables and fruits for sale. Article20.-Rice, starchy foodandcereal shops 1. All rice and cereals for sale must have a safeorigin. 2.Tomeetfood safety and hygiene conditions on facilities, storage and containers. To have devices to prevent mice, insects and cockroaches. 3. Not to preserve rice and cereals with chemicals. 4. Not to sell rice and cereals havingresidues of pesticides, heavy metals, mildew and those being musty, spoiled Of gritty. 5. Sellers must receive health-checks and have their excrement tested at least once a year, possess a certificate of food safety and hygiene training and ensure good personal hygiene practices. SttliOn J. FOOD PEDDUNG SERl'7CES Article 21.- Food safety and hygiene conditions for high risk food peddling services I. Only to peddle safe and hygienic food. 2. To have means to ensure food safety and hygiene (pushcarts, bicycles, automobiles, shoulder poles or baskets), which must be tight and capable of preventing rain, sunlight, wind, dust, flies, mosquitoes, msects and keeping food clean and uncontaminated. 3. Foud coutaiuer s, packaging and eating utensils such as chopsticks, bowls, spoons and glasses must meet food safety and hygiene requirements: aJ Or to use disposable utensils. bl Or to wash them three times To put remammg toad mane cantamer betore cleaning, to clean with cleansing liquid for the first time in a bucket of clean water the second aud lhillJ thues lu twu tlirrt::It::lIl1JUr.;~ufclcall water. After that, to dry the wash-up with clean cloth or paper. 4. Raw materials for processing food for peddling must be selected, not be musty and contaminated and have a safe origin. 5. The order of processing food forpeddling must meet food safety and hygiene requirements. Not to use unsafe processing technologies and toxic additives and preservatives. 6. Street vendors must receive health-checks and have their excrement tested at least. once a year, possess a certificate of food-safety and hygiene training and ensure good personal hygiene practices. 7.To meet the requirement onsafety duration for food, not to sell spoiled, stale or contaminated food 8. Not to take food by hand. 9. To possess a food safety and hygiene certificate issuedbythePeople's Committee ofthe urban district, rural districtor-town which manages the civil status of the sellers or the People's Committee at the commune, wards or township © VIETNAM LAW & LEGAL FORUM OFFICIAL GAZETTE Issue nosQ5.Q6/Aygust 2008 (edno BaD no.'l467-4AA1AI/(}u~122, 2008) (ifbeingauthorizedby the People'sCommittee of the urbandistrict rural districtor town). 10.Tohavecoveredtightwastecontainersand dispose of waste after eachtime ofpeddling. Chapter Ill FOOD SAFETY AND HYGIENE CnNDmONS FOR FOOD TRADING AND EATING SERVICE ESTABLISHMENTS DURING ANNIVERSARIES AND FESTIVALS AND IN MARKETS, FAIRS, SUPERMARKETS AND TOURIST SITES AnkLe. 22.- Food safety and hygiene conditions during anniversaries and festivals 1.Beforeorganizing ananniversary or festival, the organizer must register with a health agency on the tims, scaleand mode of organizingeating services during the anniversary or festival. 2. Establishments trading in high-risk food during an anniversary or festivalmust produce a food safety and hygiene certificate issued by a competentstate agency. 3.All raw materials andfood musthavea safe origin. 4. Placesforcookingand eatingmust be high, cleanandseparatedfromsources ofcontamination. To have dining tables at least 60 em above the ground 5. Tools and utensils for food processing, cooking and eating must meet food safety and hygiene requirements andbecleaned before use. 6, Persons directly involved ineating services during an anniversary orfestival mustbe free from infectious diseases and well observe personal hygiene regulations. 7. After being cooked, food must be covered and kept away from flies, dust and eaten within 2 hours. 8. To have covered tight waste containers and to collect waste daily. 9. To have sufficient toilets and washbasins which mU31be kept clean. 10. To have sufficient clean water and ice. Article 23.~ Food safety and hygiene conditions in markets L All food for sale in markets must have a safe origin. Cattle, poultry and meat must be certifiedby animal health agencies. 2.In markets, to separate areas for sellingcattle and poultry. meat. fish, vegetables and fruits. dry stuff, fresh products, cereals, processed food, confectionery, beverage andeating services. 3. The sewage system must be closed, well drained and not pollute smrounding areas. Waste containers must be tight and covered and waste must be collected and treated daily to avoid pollution. 4. To have sufficient toilets and washbasins which must hP. kp:pt clean. 5.Allfoodfor sale mustbe displayed On tables, racks, shelves and showcases separated from the ground. 6. Eating service establishments in markets mustmeet hygiene conditions specifiedin Article 4 of this Regulation. 7. To ensure sufficient clean water for use in markets. 8. To have a slaughtering area separated from © VIETNAM LAW& LEGAL FORUM Issue nos05-Q61August 2008 (elmO Ban ms 467-4681A"(juRf ". mJR) OFFICIAL GAZETTE food selling areas. 9. Not to display and sell fake or poor quality foodorthose with expiredusedurationorinfected meat, cattle and poultry. 10. Not to usc. and sell additives outside the list permitted by the Ministry of Health. Article 24.- Food safety and hygiene conditions in supermarkets 1.All food for sale in supermarketsmust have a safe origin. 2. All food for sale in supermarkets must be labeled according to regulations. Not to display and sell fake food, those with expired use duration or poor quality with respect to food safety and hygiene orcontaminated, spoiled ordeteriorated food. 3. Tomeetfood safetyand hygieneconditions on facilities, equipment and tools for food processing and trading in supermarkets. 4. Food service staff in supermarkets must receive health-checks and have their excrement tested at least once a yeur, posacss u certificate of food safetyand hygienetraining and ensure good personal hygienepractices. 5. Not to U1lC additives and preservatives outside thelistpennittedbytheMinistry ofHealth. 6. To have sufficientpreservation equipment and ~uil,.,Uy lllCCl flAJl1l'lt::~1vauou requfremenrs. 7. To have sufficient toilets and washbasins for customers. 8. To plan and arrange commodities in supermarkets according to industries and types of commoditiesand toseparate betweenfoodand non-foodareas,food processinganddisplayareas, cooked andraw foodareas andeating service and other nTP~~ 9. Eating service areas must meet hygienic conditions specifiedin.Article4 of thisRegulation. 10.Tu have sufficient clean water for use In supermarkets. Article 25.- Food safety and hygiene conditions in fairs 1.Food commodities to be displayed in fairs must have been announced for foodsafetv and hygienequality standards. 2. To keep separate eating service, goods display, toilet and garbage collection areas. 3. Tosatisfyfoodsafetyand hygienecondilions on facilities, equipment, tools for goods display and equipment of food preservation. 4. Eating service areas must meet.hygienic conditions specifiedinArticle4of thisREtgulation. 5. Not to display and sell food wluchare fitkt:. spoiled, deteriorated, contaminated, have poor quality or expired use duration, or do not have sufficient labels or origin. 6. To provide regular garbage collection and treatmentservicesand alwayskeepgoods display and eating service arcus clean. 7. To have sufficient toilets and washbasins which must be always kept clean. K '10have hygienic wastewatercollectionand treatment systems to avoid environmental pollution and food contamination. 9. To have sufficient clean water for use in fairs. 10. Fair organization boards must set up an inter-branch team for food safety and hygiene © VIETNAM LAW & LEGAL FORUM 28 OFFICIAL GAZETTE Issue nos05-06/August 20Q.8 (Gong BaO"GO 461-46P1Augustl1, 1(](J8j examination which is capableof evaluatingfood safety and hygiene quality and maintaining activitiesto ensurefood safetyandhygieneinfairs. Article 26.~ Food safety and hygiene conditions in tourist sites 1.TopIan,organizeandarrange eateries, eating houses end kiosks ina separate :In''JI IYmvpnip.nt for customers andensuring foodsafety andhygiene. 2. Eating service staff must receive medical examination and have thp:ir excrement tested at leastonceayear, possess acertificate offood safety and hygiene training and ensure good personal hygiene practices. 3. To satisfy basic food safety and hygiene conditionssuchascleanwatersupply, showcases, tables andchairs, eating utensils. preservation and transportation and devices preventing flies. harmful insects and animal. 4. Food precessing tools must be washed and kept clean to meet food safety and hygiene requirements. 5. To hnvc sufficient toilets in separate areas which mUst be always kept clean. 6. To provide daily waste collection and ueaunent services. 7. Places for food processing and display and dining tables must be at least 60 high above the ground. 8. To have sufficient clean water and washbasins for visitors. 9. All food must have a safe origin. To prohibit the trading of fake or contaminated food or those withpoor safety and hygiene. 10.Highriskfoodtraders in tourist sitesmust produce a certificate of food safety and hygiene groutedby a competentstate agency. Forthe MinisterofHealth Vico Ministor TRINHOUANHUAN © VIFTNAM I AW & I Fr.AI FORUM