Thông tư 16/1999/TT-BTM

CIRCULAR

PROVIDING GUIDANCE ON CONDITIONS FOR BUYING, SELLING AND TRANSPORTING FRESH AND RAW AND PROCESSED FOODS

In execution of Decree No. 11/1999/ND-CP of March 3, 1999 of the Government on goods banned from circulation, commercial services banned from practice, and goods and commercial services with restricted business or with conditional business, after consultations and agreement with the Ministry of Agriculture and Rural Development and related ministries, the Ministry of Trade provides the following guidance on the conditions for buying, selling and transporting fresh and raw and processed foods:

I. SCOPE OF REGULATION

1. The fresh and raw and processed foods regulated by this Circular are the foods for human consumption originating from domestic animals, poultry, fresh and raw marine and aquatic products either in whole or primarily processed (cured or cut into pieces ready for cooking) or processed into semi-finished products or finished products.

2. Traders dealing in or transporting fresh and raw or processed foods must fill all conditions and abide by the stipulations of this Circular.

3. The conditions for the business of slaughtering livestock and the mechanism of managing this service shall comply with the stipulations in Inter-ministerial Circular No. 05/LB-TT of May 24, 1997 of the Ministry of Trade and the Ministry of Agriculture and Rural Development.

II. CONDITIONS FOR BUYING, SELLING AND TRANSPORTING FRESH AND RAW AND PROCESSED FOODS

Traders buying, selling and transporting fresh and raw and processed foods must meet all the four following conditions:

1. Conditions for business owner:

He/she must be a trader provided with a business license including the license to buy and sell or conduct the transport service of fresh and raw and processed foods.

2. Conditions on material and technical establishment and equipment:

2.1. Requirements on place of business:

- The place of business must be stable and conform with the arrangement of the common business network of the locality.

- The buying and selling place must be at least 50 meters away from the public conveniences, garbage dumps, dusty places of production and hospitals.

2.2. Minimum requirements on material establishments and equipment:

- Traders dealing in foods must have the necessary instruments such as verified scales, tanks and trays, tables (stalls or stands) knives, chopping blocs... The places for processing and selling foods must have the necessary instruments for processing and maintenance and covers to ensure hygiene and quality of foods after processing.

- Traders engaged in the transportation of foods must have appropriate means of transport to ensure safety and quality of products during the transportation.

3. Conditions on environment:

3.1. There must be a hygienic drainage system for waste water.

3.2. There must be covered pails and baskets for garbage and waste.

4. Conditions on health:

Processors and sales persons must have the health condition suited to the business as stipulated by the Ministry of Health, must be free from infectious diseases and must have a health check once every 12 months.

III. STIPULATIONS TO BE OBSERVED WHEN BUYING, SELLING AND TRANSPORTING FRESH AND RAW AND PROCESSED FOODS

1. The meat of fresh and raw animals or processed meat bought, sold or transported on the market must originate from licensed slaughter-houses and meet all the business conditions prescribed by the veterinary service such as inspection, sealing and control of the slaughter by the veterinary service or issued with veterinary hygiene certificate.

Fresh and raw or semi-processed (cured, cut into pieces), poultry and aquatic or marine products during the process of trading or transportation on the market must be fresh and free from disease.

2. Fresh and raw or primarily processed poultry and aquatic and marine products must be displayed for sale on table top (stand, stall) at least 0.80 meter above the ground. The table (stand, stall) must have a level and smooth top and must be made of stainless, watertight, material free from discoloration and smell absorption, and non toxic in order not to affect the quality of the goods. The tables (stand or stall) must have a flat and smooth surface, must be made of stainless material, non-absorbent of water or smell, free from discoloration and noxious substances that affect the quality of foods. The tanks and trays containing fresh and raw foods must not leak water or waste that might cause environmental hygiene problems.

It is forbidden to buy and sell fresh and raw or processed foods that are diseased, stale or rotten. It is forbidden to inject water or spread industrial colorants and toxic chemicals on the products.

Sales men and women must wear aprons, ensure personal hygiene, have their nails well clipped and kept clean. It is forbidden to sell fresh and raw and processed foods form the same top of table, (stall or stand).

Sellers of cooked foods and instant foodstuffs, besides observing the conditions stipulated in this Circular, must also strictly carry out Circular No. 04/1998/TT-BYT of March 23, 1998 of the Ministry of Health guiding the management of food security and hygiene in the food and drinks business and service.

3. During the transportation of live stock and poultry, there must be steadfast covers. The vehicle platform must be compact so as not to let drop waste on the roadbed. It is forbidden to transport live stock and poultry on the same means of transport for passengers or to transport meat and condiments and processed products together with live stock and poultry.

It is forbidden to transport live stock and poultry from a disease area to another area.

There must be appropriate specialized means to transport live aquatic and marine animals in order to ensure hygiene and the quality of products during the transportation.

Foodstuffs in various forms of processing during the transportation must be contained in tanks or in packages and closely covered in order to ensure food hygiene and trade civilization.

The means of transport and the packaging used in the transportation must be cleansed and disinfected and dried up before and after the transportation.

The process of transportation must comply with the regulations on traffic order and security stipulated in Decrees No. 36/CP, No. 39/CP and No. 40/CP of May 29, 1995 of the Government.

IV. HANDLING OF VIOLATIONS AND ORGANIZATION OF IMPLEMENTATION

1. Traders dealing in and transporting fresh and raw and processed foods must scrupulously abide by the conditions stipulated in this Circular. Violators shall, depending on the extent of the violation, be handled according to the Ordinance on Handling of Administrative Violations or examined for penal liability.

2. The trade services in the provinces and centrally-run cities shall coordinate with the Health Services and the Services of Agriculture and Rural Development:

2.1. To arrange and plan the business network in order to ensure trade civilization and foods and environmental hygiene.

2.2. To revise the earlier stipulations in the locality, and at the same time to organize regular inspections in order to detect and handle violations in time as prescribed by law.

3. This Circular takes effect as from July 1st, 1999. The stipulations on the trade business and transportation of pigs and bovine stock in the Inter-Ministerial Circular No. 05/LBTT of May 24, 1997 of the Ministry of Trade and the Ministry of Agriculture and Rural Development are now annulled.