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MEKONG COUNSEL

Circular guiding the regulation conformity declaration and declaration on compliance with food safety regulations

On November 09, 2012, the Ministry of Health issued Circular No. 19/2012/TT-BYT guiding the regulation conformity declaration and declaration on compliance with food safety regulations. Accordingly, the order, dossiers of regulation conformity declaration and declaration on compliance with food safety regulations (“product declaration”) for processed and packed food, food additives, food processing enhancers, packing materials, food contact substances (“products”) and post-declaration inspection shall be regulated as follows:

 

- Order of product declaration

 

+ Step 1: Assessment of regulation conformity/compliance with food safety regulations. Organizations, individuals may carry out self-assessment in accordance with the regulated contents and test of the product in a designated laboratory or an independent laboratory recognized or accepted; or they may have an organization appointed by the Ministry of Health certify the product.

 

+ Step 2: Registration of the regulation conformity/compliance with food safety regulations. Organizations, individuals shall prepare the dossiers as regulated and submit them to the Food Safety Bureau under the Ministry of Health or to the Sub-Departments of Food Safety and Hygiene under the Department of Health.

 

- Post-declaration inspection

 

+ Agencies receiving registration and Sub-Departments of Food Safety and Hygiene where production-business facilities are located shall have authority to inspect compliance with the laws on food safety and the periodical testing regime of the declared products.

 

+ Taking samples for periodical testing for principal quality norms declared in the detailed product information or on label of the products under circulation; for some chemical and physical norms, micro-organism norms declared in the detailed product information or as prescribed by law must be directly implemented by the organizations, individuals or by competent authorities as invited by the organizations, individuals.

 

This Circular shall be effective from December 25, 2012. Decision No. 42/2005/QD-BYT dated December 15, 2005 of the Ministry of Health promulgating the Regulation on food standards declaration shall be annulled from the effective date of this Circular.