Regulation on conditions for ensuring food hygiene and safety in the production of, trading in, and use of, food additives

OFFICl1\L t;i\/L: i I Li DECISION N.o/928/2002/QD~BYT OF MARCH 21, 2002 ISSUING THE REGULATION.ON CONDITIONS.· FOR ENSURING FOOD HYGll:NE AND SAFETY INTHE PROQUCTION OF, TRADING IN, AND USE OF,- FOO.D .. ADDITIV:ES THE MINISTER OF HEALTH . .. · !. . . . PUtsiJanito Atticle:I:Of the Law on Protection of the Peopf; 's <H~·afth .phd.-the · Hygiene Regulation issued together wiihpeqree No. 23/HDB T o(January 24, 1,.9 9'1-.of the Coun'cil of Ministers (how the it, t,igning for i:;~;uance. Articfo 4.• Tlie director of the Office, the -chief inspector sind Hw directors of the departments of the Mini$try of 1-fr>;:ilth, the dirRctor· of the Depr=irtrnent for Food Quality, Hy~Jiene and Safety Conlml, lhe director of the Vietnam Pl1armaceutical Management Depattment, the heads of tt1e u11its attached to the Ministry, the dil·ectors of the Health Services of the provinces and centrally-run cities, and the heads of the health agencies of the branches shall have to impleri1entt11is Decision. For the Minister of Health ·· .. Vice Minister Lf::'VAN TRUYEN REGULATION- 6N <'o:0',4,t,;\f10NS FOR ENSURING'FbdO+IVGISNi: AND SAFETY IN THE PRobub)IOti{OF, TRAO'ING IN, AND . USE OF, FOC)D':Ab01TIVE$ ,,- ; Gover,jment}; ' ·. , ·. . . . ·.. . .. ... '. ·, :. , ,· Pursuant to the: Go\t,etflment's Decree No 6 8/CP of October. 11, ,} 9~:J defining the fuqctions, : tasks, powers and organizatipnal structure off he Mi;iistry of Health; .·. (Issued together With: the/Healtfi,>Mihist1y's Decision No. f}28/2002!Qo'-BYf'r;)(M~d:h 21, 2002) At the proposaf,of the director of the Department for Food Quality, Hygiene and Safety Management, the Ministry of Health, DECIDES: Article 1.- To issue together with this Decision the Regulation on conditions for ensuring food hygiene and safety in tile production of, trading in, and use of, food additives. Article 2.- The director of the Department for Food Quality, Hygiene and Safely Control shall have to guide a11d inspect the implerncnlalio11 or thi:; Decision. A1ticle 3.- lhis Decision \;-1kr's nffc:ct 1 ~ days a.f1m .-·,. ··.,: .: ci,~pt~r I GENER,Al ~ROVISIONS Article 1, .. Scope of regulation: This Hegulation prescribes the conditions for ensuring food hygiene and safety in the production of, trading in, and use of, food additives. A rtic/e 2. - ~:; u bj eels of application: This Reg u I clti on applies to don1estic organizations and individuals and foreign-invested establishments engaged in the production of, tmdinq in, and use of, food additives A1ticfo 3.- For tile purposes of this r~egul-,tion, the followinq terms shall be construed ai; follows: '1. rood additive.'; me substc1ncGs which are not n,oarded w; food or food components 1:ood additiv1::s at(~ of liltl,i nr 1;0 nutritious value, delibf.nntcly added Of+ICI/\I. (-,/\/J nr in order to rnect tile technolo[Jical r·equirements in Hie food production, processin[I. treatment, pc1r:k;-J9ing, transµortation and pmservation. Food additives shall not include contaminated substances or substances added to tood for the purpose of incressinq the nutritious value of food. 2. F'ood additive-producing establishments are establishments which produce, prepare, package and/ or prcsi'3rve food additives. 3. Food additive-trading establishments are establishments which trade in, export and/or import food additives. . . .. . 4. Food additive-using -establishments are establishments which ·•us'e fOod l:ldditives for food processing. AJtic/e 4,- The prodvction, of; trading in, and use of, food additives In food p/pcessing must ensure the following pri n cip!ei •: : : .; :: .· : · · 1. Food a dcfitiV¢"s;are,:on the 'lists prescribed by the Ministry of'-8¢:atth, '· · · too~: F oad addittv~~>e'.~s~ re: the· pu r)ty}eqiiired for amounts, 4. Food additivi~S·. ha:&. /abeli; ·ai:prescribed, or ttieir names print~cf db th~ food lab¢1S- (forfoods containing such additivei;-,iC . . •',' . . . : - .=-~ Chapter/I CONDITIONS FOR ENSURING FOOD HYGIENE ANO SAFETY IN THE PRODUCTION OF, TRADING IN, AND USE OF, FOOD ADDITIVES Article 5,- The establishments producing, trading in and/or using food additives must comply with the regulations on business registration, publicization of food quality, hygiene and safety :itandards according to the provisions of law; ensure tile publicized registration contents, and submit to the supervision and inspection by the agencies performing the State mfmagernent over food quality, hygiene rind safety. Arlicle 6,- Conditions requirnd for establishrnenh; t1·ading in, exporting and/or irnporti11g fooci additiv(-,s: 1 Ttw establishments must make business registration and have dear addresses. 2. T!iey must have signboards clearly showing the trade names: Shops or stalls for trading in, exporting <:11 id/or i In µoi tin \J f oou add ilives. 3 Salespersons must go through training courses on food additive trading, organized by competent medical agencies. 4. The esta~Hshments may only trade in, export and/or import food additives on the list permitted by the Ministryof Hearth. 5. Food additives must be'oftheright kinds usable for food, of a clear origin or,sow?e.' 6. Food additives must have Vietn~hiese-language product labels showing use instructions and other . contents as prescribed. Where -they cllyide ·.and re­ package the food, the shop5:: must' C°9111p1V~ith the regulations on food labeling. ·•--- •· · : > , · ' 7. Cohditions for exporU~g:andilniporti'~gJood additives: The. ~stablishments: rndstbave ;adeq!-iate documents, inc.!LJding the.origins! p ufe~ae,~'i,1t6k:es, the import permif:(fpt iM'#o'~fcid '.gpo~iih :the export permit {for exported goods);Jhe 'papeiacknowledging thepubHcizatlon otthe fdodtq~j\ity,-hygiene a:nd safety . standards of each kind:ot.tOo'd 'additive;'issuad. by the agency performing.th~State rrian~~rne·ntpver food hygiene and safety. . . ·a. Food addiUves:·ro/ sal~- ~uJt b'e arranged separateiy in stalls or boxes; not tb~@ther with other merchandise or foods. Arlicle 7.- Conditionsrequired for establishments producing and packaging food additives · .1. conditions for the establishments: a/ Environmental sahitation: The location of grounds for the production and packaging of food additives must ensure the environmental sanitation conditions and be isolated from toilets and other polluting sources. b/ Design: Food additive-producing and --packaginf1 workshops must be designed and orgnnized on the one-direction principle: The area for gattlering, preserving and treating raw materials, followed by the area for processiMg, packagin!J a11ct rreserving food additives. OITICI/\!. C,!\t'.L I' fl cl Hygiene rcquirern(mt~: Ceilings, floors and wa!b must be made of non­ absorbent materials, easy to clean. Equipment and containinq tools such as troys, buckets, basins must be rnmfo of materials permitted for use in the food production such as stainless steel, aluminum, epoxy--coated material, etc., but neither color nor recycled plastic; there must be gauging devices up to standards. ~ Equipment and tools must be ctea ned after each production st1ift. Only detergents permitted for household use and food processing c:an be used, but 110! industrial detergents. Thepackagihg areas, storehouses, and the food ndditive•pce~erving places must be kept clean ·and hygienit;;:,fr.ei(froril insects and rats. . . .. . !.".·· .. .. .- .: . .-··;:: , : , Gat~ag¢ bl~simust have tids, not letting litters scatter :~foinid arid:w~ste water leak out. Rlibbtsh . ; ; i.' .. ;i ·. ;.;· i·: :·. . .: . must b~.: ?i~fh~re~ .at ·places far from. the processing areasaihd:taken away· everyday; ~ SeWi!-~f '~u?t:":~e :,~r-chok~d· 'Nith ~o stagnant water and mµstr,ot bei ap:en-ait ~ There mu~t bg:Joilets:~P to ~tandards. :••• • • •,,•,• :• oh • d/ Re:qu,irernents fdrttie water~su pp!yihg' $OU rces: Th~JiS;~.w~Jer musfrneet the criteria set·btthe Ministry 'b(He'alth'. · : - . There tnusf::be adequate clean water for normal ope rations of the: estabUshment$, water fbr workers to wash their hands before ta king part in production and processing. If well water is used: if must be treated according to regulations and tested periodically. e/ Hygiene for production workers: They must have pre-recruitment medical checks; annual post-recruitment medical checks and excrete tests at least once a year. They must have the knowledge about food hygiene and safety and firmly sirasp the technological process and their respon sibi Ii ty. They must not leave thei1· clothes and personal belongings in the production and packaging areas. .. They must keep persomil hyniene, wash thei( hands with soap before takinq part in producing mid packaging food additives. •· They must wear labor protection clothes (caps, qau1.e Ii id!;ks ... ) and gloves when pack:,1~1:r 1q food additive;;. •- They must not eat, drink nor smoke~ in the production and packaging areas. ;?. nc•)quirements for production m;,teriai:;: a/ Materials and food additives purchased for preparation and packaging must be accompanied with adequate dossiers explicitly showing the origin and quality of food additives. bl They must have explicit labels, enclosed with the cards showing the serial numbers of the goods lots already vVarehoused and delivered for sale. cl Materiai 0purct1aise>invoices must clearly show the addresses of the,$eil.~rs: , di Additives put.intq#ro~$ss'i119, boitli11g, packc:1ging or for reta ii rn ust have tb¢i.( t,is e q~ ration remaining at least six months and the;:use<Jtir~fllon of the processed and packaged prciduqt~/nu.Jt'9plncide with the use duration of.origlna.trnat!:id:3is<; , .. · '. ' 3. Product labelingie.qui,r.~fu~his,> ,' bea~'r::::a~ttzj:b:1f ::pa;1k~'g~di products must b/ Ensuring th<;it,labels are inscribed with at least the following 'coht~'nt$: , .·~ The name:.bfithe fodd ~.dditi~e, its international Jndex. The. addf~$S,of the.::producer, The n~t w~igh[ ',' ' '' ~ Use duratio17 (ort~e date of manufacture and use duration) .. Ingredients. ~- Use and preservation instructions. For imported additives put on sale, they must have additional labels with the above contents in Vietrw rnese. 4. Tile following must be fully recorded daily for monitoring: •- The n3rne of the food additive. Tile origin . The technological process. · Ti1e production lot and use duration. .. /\ccornpaniod invoices showinq clearly the ('JFFICl/\l C,AZLTI F adrlrE•s~,C" "f purct1nscr:.; ;,nrl huyms of tlic Eistablish • monts. Article 8.- Conditions for food-proccssin~J establishments using food additives a/ They mw;t not use ina te I ia Ii, beinfJ color dyes, synthetic sweeteners, preservatives and ottier additives not on !he list of food additives prescribed by the Ministry of Health for food proce9sing. bl They must use only food additives which are packaged and labeled according to tlieprovisidns in Article 7 of this Hegulation. cl Food additives must ensui-e th€1 puritYrecl~ired for use in food. di Food additives rrf0st be ~s'ed within the prescribed amounts a.nd accordingto the pre::,i~ribed formula, and have instructions tor use with each kind of food, el For packagid,prodw::,ts using food additives; their labels mys( ,cle~r!y/show the names of all the.·.··· used food ad~tl~e~:H: .. <•·· . . ; ': ::: :·:¢:11,pf ~r U/ ·RESPONs1ai1-1T1es dF ·1:;srA1l~ISHMENrs PRODUCI N<il{TRAOING iN.}~NoiuslNG Foob:Aoo1r1ves/: . · · Article 9.~ Respc,rrs!bllitiesOf th$ estabiishments· ... • producing' packaging' exporting and/orhnportlng food additives . . .· ,· .. . . .. . . 1. To make business .registration With the managing agencies. 2. To publicize the food quality, hygi¢ne and s,afety standards at the medical agencies according td the provisions of law 3. To comply with the technolofJical process; to produce products of constant quality standards, ensuring food hygiene and safety 4. To package food additives within tlie prescribed amounts. Tools, packages and labels for packaging eact1 kind of food additive mw,t be separately kept to avoid confusion which nwy ,~Hect the quality of each kind of food additive. Aniclc 10.·· r~espo11sibilities nf tn1dinn e::;tablk·,hments ·1. To rnnk8 rrn::;i1wss 1·e9islmtion will1 the m ,ma9 in o a9en ci es. 2 To tmde in and put for sale only food aduitives with their qualicy, hygiene and safety standards .:ilready pubHcized at the nieuicai agende$. 3. To adopt the serviGing modes ensurinq food hygiene and safety and a cultured and civilized style of trading. 4. To post up prices, use instructions and to sell products at-the posted prices. 5. To introduceJully. to the customers the origin and tise instructions of each kind of food additive for use in each goods item or dish. 6. Not to com1nit the following aqts; ttading in fake and inferior~quality food additive's, exchanging fraudulently food additives; cheating:in,payment with c.u stomers. 7. l"he establish men ts expprting ahd/or importing food additiv\:!s must meet all cdnciitrpns presyribed in Clause 7, Article 6 of this Regulation. ,· . .·. Article 11,• Responsibilit1e~'.ofcµstoin~·fS , 1. To buy only food ,~ddftives ~ith their quality :~t~nd?rdsalready publiciz~d:a\the medic:al ~gehcies. • • • • • • •• • • < •• , ·,·. , 2. To rea:d 'the l~bels :al fdod ~dditives carefully before buying and using theryi: .·. . . . . . . ·. · ... " 3: To b'uy only food add.itives in packag:es with clear la be Is having· a U the contents as pr€!scri bed. 4. To use food additives: in right amounts as prescribed. . , 5. To detect and inform the managing agencies of the. est9 bl is hrnen ts producing and/a r trading in food additives at variance with regulations. Artic/o 12.~ He9ulations on the reporting regime and investigation of food additive roisoning 1. When detecting or· doubting that food poisoning cases have occurred (du(, to the use of food ~1dditives), those wl10 ure present at the places of thei1 occurrence must imnwdiately report them to the nearest medical agencies and keep the samples of food additives doubled to cause poisoning for investigatio11 and verifirntion. No. 21 (,11--5 ;l(l()L') Oi·l·1r:i/\i C/\Zt:·1 T! 2. The owners or lhc t,\;l'ab\i:,hrnents w,;i11q nnd/01 lracling in food adciitive:, rc+.ited to food poii,011iw,1 cases must be t"E,sponsiblo for th(1ir wrong doings arid violations and µa y mate 1·i a I in dri1nnificatio11 ( medi ca I treatment charges) to thE; poisoned persons. Chapter JV RESPONSIBILITIES TO MANAGE THE PRODUC"T\ON OF, TRAD\NG lN, AND USE OF FOOD ADDITiVES Article 13.w 1. The Food Quality; Hygiene and Safety Control Department; the M'inist1·y of Health, shalf be responsibl e for: , : .· :, .··. ' .- , he n•,;ponsibln hr rJuidlnr1 tlw ~woducin9 und t::1din9 o::tablbhrnenh to ccnnply with tile cu1Tent law provisions and foi- manag in~1 Hie ost<-1 blishrnonts trndinq in and/en using food additives in their 1·es pecti vo loc~.i lit ins Chapter V COMMENDATION AND HANDLING OF VIOLATIONS Article 14:- Commendation , If organizations and individuals producing, trading in and/or usi11g food additives well implement the provisions of this Regulation, they shall be commended and/or rewatded according to the general Jegii'r1es of the State. al Guiding. instructing and coordinating with, the authorities and branches to supervise and monitor Article 15.~ Handlifrg ~t-~iti/~'t/ons the producing-arid :trading estab/is hments ,to-ensure -- - -- - ' ' , ' thatthei(fqtid additive,production and trading comply If organizations and indivl.dua,ts': trading in and/or with this}ieg'i:.ifa,tiqn ·pn the national scafe:: -' using food additives viol.:lte . the provisions of this bl \1a~aging; - ;ec~i'lling dossiers of pub\\cization of fo'o'd:(fy~lit9, hygier'e and safety standards from the estabiishrnents: producing and/or processing food ·additives,-the esta&!i~hi-netifo trading in,-exporting and/ or im'porting -food a,dditives; managing -exported and imported Jo-od ,add if Ives in the whole c6u ntry. 2. Theiprovi ~cial/municip,al Health Services sha 11 · Regulation, they shal/, dop,en,9jng dn,,the seriousness oftheir,violations, be: ~qniirilsfre1tiv,ely sanctioned; if cauiing\my d,;l'rnage: th¢y Shall haveJb pay compen­ sation th~re.for .accorc:linf]tO the provisions of /aw. ·: F6r the Minist;,. of Health Vice Minister 'LE VAN TRUYEN