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MEKONG COUNSEL

Decree on administrative sanction in food safety

On November 08, 2012, the Government issued Decree No. 91/2012/ND-CP on administrative sanction in food safety. Accordingly, violation acts, forms, rates, remedial measures and authority to carry out administrative sanction in food safety shall be regulated in details.

 

Administrative violation acts in food safety shall include:

 

+ Violations of regulations on food safety assurance;

 

+ Violations of regulations on food safety assurance conditions during production and business;

 

+ Violations of regulations on food safety assurance conditions during imports and exports;

 

+ Violations of regulations on food advertisements; communication, education, dissemination about food safety; and food labelling;

 

+ Violations of regulations on testing food, analyzing risks, preventing and overcoming food safety incidents; tracing the origin of, collecting and and dealing with unsafe food; obstructing the state management of food safety.

 

The maximum fine for an administrative violation act of food safety shall be 100,000,000 VND. Depending on the nature and extent of the violation, committed organizations and individuals shall also be subject to one or some of the additional penalties and to one or some of the remedial measures as regulated.

 

This Decree shall be effective from December 25, 2012, supersede Articles 15, 17 and 18 Section 2 Chapter II of the Decree No. 45/2005/ND-CP dated April 06, 2005 of the Government and clause 6 Article 1, Articles 21 and 22 Section 4 Chapter II of the Decree No. 31/2010/ND-CP dated March 29, 2010 of the Government.