Circular No. 53/2014/TT-BCT prescribing conditions for food safety assurance for vegetable oil production and trading establishments

14 THE MINISTRY OF INDUSTRY AND TRADE No. 5912014/TT-BCT OFFICIAL GAZETTE Issue nos 01-02/Marcb 2015 THE SOCIALIST REPUBLIC OF VIETNAl"VI Independence - Freedom - Happiness Hanoi, December 22, 2014 CIRCULAR Prescribing conditions for food safety assurance for vegetable oil production and trading establishments~; Pursuant to June 17, 2010 Law No. 55/2010/QH12 on Food Safety; Pursuant to the Government :S Decree No. 38/2012/ND-CP of April 2 5, 2012, detailing a number of articles of the Law on Food Safety; Pursuant to the Government :S Decree No. 95/2012/ND-CP of November 12, 2012, defining the functions, tasks, powers and organi=ational strncture of the Minis fly of Industry and Trade; At the proposal of the Director of the Department of Science and Technology; The Minister of Indust,y and Trade promulgates the Circular providing food safety assurance conditions for vegetable oil production and trading establishments. Chapter I GENERAL PROVISIONS Article 1. Scope of regulation This Circular prescribes food safety assurance conditions for vegetable oil production and trading establishments (below refened to as establishments) managed by the Minist1y of Industiy and Trade. Article 2. Subjects of application 1. This Circular applies to: a/ Vegetable oil production and ti·ading establishments; bl Competent state management agencies and organizations and individuals involved in vegetable oil production and ti·ading. 2. This Circular does not apply to: a/ Small-scale vegetable oil production and trading establishments; bl Sti·eet catering service providers and street food vendors governed by the Ministiy of Health's Cii·cular No. 30/2012/TT-BYT of December 5, 2012, providing food safety conditions for sti-eet catering service providers and sti-eet food vendors. Article 3. Interpretation of terms In this Cii·cula1·, the te1ms below are consti-ued as follows: 1. Vegetable oil production establishment means an establishment that conducts one, several or all of preliminaiy processing, processing ( cleaning, steam dty ing, pressing, extraction and refining), packaging and prese1vation activities to produce finished vegetable oil products. 2. Cmde vegetable oil production establishment means an establishment that produces <'J Cong Bao Nos 241-242 (15/212015) ©Vietnam Law and Legal F01um Issue nos 01-02/Mal'Ch 2015 OFFICIAL GAZETTE 15 vegetable oil but does not perfo1m the refining process and, therefore, does not produce :finished vegetable oil. 2. Vegetable oil trading establishment means an establishment that introduces, prese1ves, transpo1ts, pmchases and sells vegetable oil products. 3. Small-scale vegetable oil production or trading establishment means an establishment which is registered as a business household by an individual, a group of individuals or a household and not granted a business registration celiificate, ente1prise registration ce1tificate or investment ce1tificate as prescribed by law. Article 4. General provisions applicable to vegetable oil production or trading establishments Vegetable oil production or trading establishments shall comply with the Ministry of Health's Circular No. 1512012ITT-BYT of September 12, 2012, providing general conditions for food safety assmance for food producers and traders, and the provisions of this Circular. Chapter II CONDITIONS FOR FOOD SAFETY ASSURANCE FOR VEGETABLE OIL PRODUCTION ESTABLISHMENTS Article 5. Vegetable oil production establishments 1. Production site al To be built under the cunent master plan approved by a competent state agency; bl To be situated far from somces of pollution or hazards and other pollutants in the smrnunding environment, which may adversely affect the quality and safety of vegetable oil products; cl To have sufficient space for ananging production lines suitable to the establishment's design capacity, ensming that technology requirements are satisfied and industrial sanitation measmes are applied at all production stages. 2. Workshop layout and design al The anangement of production lines shall take into account wind directions so as to avoid adverse effects of somces of pollution such as steam boilers, wastewater treatment facilities, solid waste and oil cake collection sites and toilets; bl Workshops shall be designed according to the one-way rnle from input materials to final products being vegetable oil; cl Warehouses (raw material, auxiliaiy material, processing aid and product warehouses); production areas ( areas for prelimina1y processing and cleaning raw materials; areas where steam diying, pressing, extracting, filling and product finishing lines, clean-in-place (CIP) systems and mechanical and power systems are located); solid waste collection sites, wastewater collection systems, oil cake collection systems; and other auxiliaiy works shall be sepai·ated from one another to avoid cross-contamination; d/ Internal roads shall be designed and built in a way that ensmes solidity, dmability and suppression of dust; overhead walkways shall be installed with handi·ails or pa1titions which facilitate obse1vation and ensme occupational safety; dd/ Water di·ainage systems (for wastewater generated from daily-life and production activities and rainwater) shall be designed and built sepai·ately, have covers and a suitable slope to ensme complete di·ainage. 3. Workshop strnctme al The ground of production areas must facilitate water di·ainage and shall be built of ©Vietnam Law and Legal Forum 16 OFFICIAL GAZETTE Issue nos 01-02/Marcb 2015 durnble, difficult-to-peel-off, anti-slip and easily cleanable materials. Water drainage systems in production areas must have covers; bl Catch pits must have traps to prevent sewer odor and insects and restii.ct the penetration of microorganisms from sewer systems into workshops; cl Pipe systems (for conducting vegetable oil, conducting and recove1i.ng solvents and cleaning equipment) shall be designed and manufactured of suitable materials, painted in different colors, and have labels for easy distinction. 4. Ventilation system a/ Workshops must have ventilation doors to ensure air cit·culation and facilitate the dissipation of heat and exhaust gas generated from production activities; bl The area where steam dtying and extraction systems are installed shall be well ventilated to maintain a temperature and occupational safety as required; cl The area where pressing machines are located must have suitable ventilation and filtration systems so as to prevent pollution to other production stages; d/ The area where oil re:fine1y equipment is located shall be designed in a way that can ensure ait· ventilation and quick dissipation of heat and odor; dd/ The area where the filling system is located must always be dty, well ventilated and clean. 5. Steam, heat and compressed ait· supply systems a/ Steam boilers shall be designed and made of suitable materials, installed in places separated from production areas and regularly inspected according to cmTent regulations; bl Steam and compressed ait· pipe systems shall be designed and made of suitable materials, secmely installed, easily distinguished from other pipe systems, and regularly inspected according to cmTent regulations. 6. Waste, wastewater and exhaust gas collection and treatment systems a/ For solid wastes Oil cakes obtained after materials are pressed or extracted shall be collected once eve1y 48 hours and stored in a separate site of an area suitable to the design capacity of the production line so as to avoid cross-contamination dm·ing the production process; Papers, labels, bottles, cans, containers, damaged bottle caps and other solid wastes discha1·ged from the production process shall be collected and stored in suitable tanks or containers put in places convenient for waste collection and treatment without causing adverse itnpacts to the production process; Wastes generated in suppo1ting facilities and daily-life wastes shall be collected, so1ted and stored at a separated area pending treatment; Solid wastes shall be treated by organizations or individuals licensed to operate in the field of environmental treatment by competent state management agencies. bl Industrial and daily-life wastewater Wastewater treatment facilities shall be located in a place separate from production areas and facing into the wind dit·ection; Wastewater b"eatment capacity and technologies must suit the peak discharge so as to ensure that treated wastewater is up to prescribed envit·onmental standards; cl Exhaust gas from a production area and steam boilers shall be treated so as to cause no adverse itnpacts to other production areas. ©Vietnam Law and Legal Forum Issue nos 01-02/Mal'Ch 2015 OFFICIAL GAZETTE 17 d/ For hazardous wastes Hazardous wastes shall be collected, stored, transp011ed and treated separately according to cmTent regulations; Hazardous wastes shall be managed and treated by organizations and individuals licensed to treat hazardous wastes by competent state agencies. 7. Warehouse system a/ General requirements on warehouses (raw material, crude vegetable oil, additive, processing aid, supplies, packaging and :finished product warehouses): Having a storage capacity suitable to design capacity of the production line; Being periodically maintained and cleaned according to internal regulations; Meeting prese1vation conditions according to instmctions or regulations of manufacturers; Being capable of preventing the penetration of insects, rodents and other hannful elements; Having info1mation for identifying each type of raw material, cmde vegetable oil, additive, processing aid, supplies, packaging and :finished product; having warehousing and ex-warehousing records. b/ Chemical warehouses must meet prese1vation requirements and conditions according to manufactmers' instmctions or regulations and cunent regulations on chemical prese1vation. c/ Finished product warehouses In addition to complying with Point a, Clause 7 of this Article, :finished product warehouses must meet the following conditions: The warehouses shall always be kept at a ce1iain temperature and moisture as required in internal regulations for each type of vegetable oil, keeping products away from direct sunlight; Products stored in :finished product warehouses must have info1mation on their name, lot number, date of manufacture, production shift and use duration according to internal regulations; There must be a separate space for keeping substandard quality products pending disposal. 8. The area where crnde vegetable oil is produced a/ Raw materials shall be stored in warehouses or silos so as to ensure their safety and quality; bl Chemicals used for prese1ving raw materials and producing vegetable oil must be those pe1mitted for use according to cmrent regulations, which do not cause adverse impacts to the quality and safety of products; c/ Cleaning and preliminarily processing raw materials Raw materials shall be tested for plant protection dmg residues, toxic mold and heavy metals before use; only raw materials which satisfy food quality and safety requirements may be used to produce vegetable oil; Before being pressed and extracted, raw materials shall be cleaned to remove any soil, stone, sand, metals and other impurities. d/ During the stage of pressing and extracting raw materials and recovering crude vegetable oil, it is necessary to avoid penetration of insects and dust, cross-contamination from oil cakes and other sources of pollution and control the quality and residues of solvents. 9. The area where :finished products are produced a/ The refining process must remove all haimful substances dissolved in cmde vegetable oil to ensure food safety and keep the vegetable oil's nutrients and quality m1chai1ged; ©Vietnam Law and Legal Forum 18 OFFICIAL GAZETTE Issue nos 01-02/Marcb 2015 bl Filling vegetable oil The area where the filling line is located must be separate from other production areas and all filling equipment shall be inspected before each production cycle or shift to ensure good operation; The filling process shall be monitored by machines or workers so as to ensure products' weight, quality and safety. cl Finishing products Finished vegetable oil products shall be labeled and divided into batches according to production shift or cycle. Upon warehousing and ex-warehousing, each batch of products shall be inspected in te1ms of its quality, appearance, packaging and label so as to ensure product quality and safety before distribution and circulation in the market; Finished vegetable oil products shall be preserved at a temperature suitable to the prope1ties of each type of vegetable oil prescribed by production establishments and kept away from direct sunlight. 10. Internal transpo11ation a/ Establishment owners shall specify (in writing) requirements on vehicles for, and mode of, internal transportation of vegetable oil products as well as preservation conditions and food safety management during internal transpo11ation; bl Vegetable oil may not be transpmted in the same tanks or vehicles with supplies, raw materials and chemicals as this might cause cross contamination affecting the quality and safety of the products. 11. Raw material and product quality control systems a/ Quality control ai·eas shall be situated separately and conveniently for quality control in the production process; be equipped with essential machine1y, equipment and instnnnents to measure and inspect basic quality criteria of major raw materials and :finished products. Microorganism testing sections must be aseptic and isolated from other testing sections; b/ If having no quality control sections, establishments shall outsource the control of basic quality criteria of major raw materials and :finished products to inspection and analysis organizations that have suitable professional capacity and qualifications; c/ There must be places for preserving sainples and keeping dossiers of preserved samples. Establishments shall comply with regulations on sample prese1v ation and destmction applicable to each type of sample. 12. Management ofrecords a/ Establishments shall keep sufficient management records ( contracts, invoices, documents, quality testing slips, regulation conformity announcement dossiers, food safety regulation-conformity announcement dossiers and other relevant documents) for raw materials, auxiliaiy materials, additives, processing aids, supplies, packages and chemicals to se1ve origin tracing and food safety and quality control; bl Establishments must have sufficient food safety management records according to regulations ( ce1tifi.cates of satisfaction of food safety conditions, receipts of regulation confo1mity announcements or written ce1ti:fications of food safety regulation-confo1mity announcements) for their vegetable oil products. Article 6. Equipment, packaging and containers 1. Equipment, packaging and containers in direct contact with vegetable oil must comply with the Ministiy of Health's Circulai· No. 34/201 lffi-BYT of August 30, 2011, promulgating national technical regulations on safety and sanitation of packaging and equipment in direct contact with food. ©Vietnam Law and Legal Forum Issue nos 01-02/Mal'Ch 2015 OFFICIAL GAZETTE 19 2. Neutrnlization equipment (for removing free fatty acids) must be capable of control heat and the stirring speed to absolutely remove all soap residue, ensuring the quality of vegetable oil according to regulations. 3. Settling tanks must have a suitable capacity and shall be suitably designed and manufactured so as to control the settlement process of each type of product. 4. Filling and capping equipment must be capable of avoiding the penetration of alien aliicles or insects into products. 5. Production equipment and devices shall be regulady maintained, inspected, repaired or replaced when damaged or showing signs of damage. 6. Testing and measuring devices and equipment subject to strict safety requirements shall be calibrated and inspected according to regulations. 7. There must be alaim systems which sound when technical pai·ameters (temperature, pressure) exceed prescribed levels. 8. Waste and hazai·dous chemical containers shall be designed in a special manner to ensure safety and noticeability, be made of durable materials and lockable to avoid contamination. 9. The repair and maintenance of devices, equipment and machine1y shall be conducted outside production areas or when production activities have stopped. In case of on-site repair or regular maintenance, devices, equipment a11d machines shall be cleaned as soon as the repair or maintenance finishes. 10. Lubricant oils and greases used for equipment and machine1y in direct contact with products must be those permitted for use in food production. Article 7. Establishment owners, workers directly engaged in production and visitors 1. Establishment owners and workers directly engaged in production must possess valid ce1tificates of food safety knowledge granted by functional agencies and units designated by competent authorities. 2. Annually, establishment owners shall anange at least one medical check-up for themselves and workers directly engaged in production at a health establishment of district or higher levels. Health records of these persons shall be kept at the establishments. 3. To recrnit only those who meet the Ministry of Health-prescribed health criteria for persons directly engaged in food production and processing. 4. When a person directly engaged in production contracts a disease, he/she shall repo1t to competent persons so that he/he shall be assigned to perfo1m other jobs or be allowed to take a leave for medical treatinent according to regulations. Such person may return to work only after obtaining a ce1tificate of full recove1y and satisfaction of health requirements for food production and processing jobs from a competent health agency. 5. Persons directly engaged in production and processing shall keep all paits of their bodies clean and, before statting to work, weai· protective clothes suitable to their working positions. 4. Visitors shall wear protective clothes and strictly follow establishments' personal hygiene regulations. Chapter III FOOD SAFETY ASSURANCE CONDITIONS FOR VEGETABLE OIL TRADING ESTABLISHMENTS Article 8. Vegetable oil trading establishments ©Vietnam Law ai1d Legal Forum 20 OFFICIAL GAZETTE Issue nos 01-02/Marcb 2015 1. Product display, preservation and storage areas must always be diy and clean so as to ensure that propetiies of products are kept unchanged and products are not contaminated with hazardous chemicals, impurities or microorganisms harmful to consumer health. 2. To comply with producers ' instructions on product storage. 3. To work out cleaning processes and keep a cleaning diary as instmcted by establishment owners. Article 9. Devices and equipment serving vegetable oil tr·ading Trading establishments must have sufficient equipment and devices so as to meet temperature, moisture, light and other conditions as required by producers for each type of product dm·ing the storage and tr·ading of vegetable oil products. Article 10. Management of dossiers Vegetable oil tr·ading establishments shall keep legal dossiers and documents evidencing the origin and quality of products to se1ve origin tracing and food safety and quality management. Article 11. Transpo1tation of vegetable oil 1. Vegetable oil-tr·anspo1ting vehicles must prevent the penetration of insects and contamination with sources of pollution and be easy to clean. 2. Vegetable oil products of different types shall be classified and ananged separately so as to meet producers' prese1vation requirements during tr·ansp01tation. 3. Vegetable oil products shall not be tr·anspo1ted in the same tanks or vehicles with hazardous goods or goods that might cause cross-contamination affecting their quality and safety. 4. Vegetable oil product-tr·ansp01ting vehicles and containers dm·ing u-ansp01tation shall be regularly cleaned. 5. Establishments shall work out internal regulations on conditions for food safety assurance during tr·anspo1tation. Chapter IV IMPLEMENTATION PROVISIONS Article 12. Organization of implementation 1. The Department of Science and Technology shall assume the prime responsibility for, and coordinate with related units in, disseminating, and guiding the implementation of, this Circular. 2. Provincial-level Industry and Trade Depaitments shall guide and implement this Circular in their localities. 3. In the course of implementation, the Depaitment of Science and Technology shall, when necessaiy, propose the Ministry of Industry and Trade to amend and supplement this Circulai· based on management requirements and practical situation. Article 13. Effect This Circular takes effect on Febmaiy 6, 2015. For the Minister of Industry and Trade Deputy Minister HO THI KIM THOA ©Vietnam Law and Legal Forum