Thông tư 32/2009/TT-BCT

CIRCULAR

STIPULATING TEMPORARILY ON THE ACCEPTABLE LIMITS OF THE CONTENT OF FORMALDEHYDE AND AROMATIC AMINES RELEASED FROM AZO DYES IN REDUCTION CONDITIONS IN TEXTILE PRODUCTS

Pursuant to the Government’s Decree No 189/2007/ND-CP dated December 27, 2007 on power, tasks, and organization structure of Ministry of Industry and Trade;
Pursuant to the Law dated July 11, 1989 on Protection of People's Health;
Pursuant to the Ordinance on Consumer Protection dated April 27, 1999;
Pursuant to the Law on standards and technical regulations dated June 29, 2006;
Pursuant to the Law on Product and Goods Quality dated November 21, 2007;
Pursuant to the Decree No.132/2008/ND-CP dated December 31, 2008 of the Government, detailing the implementation of a number of Articles of the Law on Product and Goods Quality;
The Minister of Industry and Trade temporarily stipulates the acceptable limits of the content of formaldehyde and aromatic amines released from azo dyes in reduction conditions in textile and products as follows:

Article 1. Scope and subjects of application

1. This Circular temporarily regulates the acceptable limits for the content of formaldehyde and aromatic amines, which can be released from azo dyes in reduction conditions in textile and apparel products manufactured, imported, or traded in Vietnam market. Specifically:

a) Content of formaldehyde residues in textile products shall not exceed the acceptable limits mentioned in Appendix 1 of this Circular;

b) The aromatic amines may be released from azo dyes in reduction conditions in the textile products shall not exceed the acceptable limits mentioned in Appendix 2 of this Circular.

2. For the fabric used in the construction industry; cloths used in the production of automobile and motorcycle tires; fireproof clothes used by special request; industrial canvas; products with other special purpose and fabrics imported for processing export products are not subject to this Circular.

3. This Circular applies to the agencies performing the state management function on quality of products, goods; and concerned organizations, individuals manufacturing, importing, and trading of textile products.

Article 2. Applicable standards and methods of sampling for quality control

1. Methods for determining content of chemical residues are applied according to the guidance of national Standards or analysis criteria corresponding to the following international organizations:

a) TCVN 7421-1:2004 (ISO 14184-1:1998), Textiles - Determination of formaldehyde - Part 1: Free and hydrolyzed formaldehyde (extraction in water method);

b) TCVN 7619-1:2007 (EN 14362-1:2003), Textiles - Determination of aromatic amines derived from azo dyes - Part 1: Detecting the use of azo dyes without extraction;

c) TCVN 7619-2:2007 (EN 14362-2:2003), Textiles - Determination of aromatic amines derived from azo dyes - Part 2: Detecting the use of azo dyes by extracting the fibers;

d) LMBGB 82.02-2, LMBGB 82.02-4, Determination of azo dyes in textile products.

2. Sampling for testing quality is implemented as follows:

a) For fabric: take a random sample as representative for each color from each goods lot. Sample length is one meter; sample width is the fabric width. The sample is taken at least two meters from the head of the fabric;

b) For apparel products: obtain a random sample as representative for each style and each color of each goods lot;

c) After sampling is completed, the samples must be packed in bags or durable polyethylene film to avoid contamination. The samples were sealed in accordance with the law regulations.

3. The dossier of sample registration for testing, the dossier receipt form, sampling record is stipulated in Appendix 3 of this Circular and posted on the website - Vietnam Industry and Trade of the Ministry of Industry and Trade.

Article 3. Conditions applied to the testing organizations and testing results

1. Laboratories appointed by the Ministry of Industry and Trade to perform the quality inspections must meet the following conditions:

a) Laboratories accredited and granted Certificate of ensuring the standards of ISO/IEC 17025:2007 by the Quality Accreditation Office (Directorate for Standards, Metroloy and Quality, Ministry of Science and Technology). General requirements for the capacity of laboratories and calibration and testing methods of the above criteria must be included in the list of accredited tests;

b) Laboratories granted Certificate of obtaining the standards of ISO/IEC 17025:2007 by the international or regional accreditation and testing methods of the above criteria must be included in the list of accredited test;

2. The dossier of registration of laboratories appointed for quality testing is specified in Appendix 4 of this Circular and posted on - Vietnam Industry and Trade of the Ministry of Industry and Trade.

3. Test results from the appointed testing organizations can be used in the management of goods quality.

Article 4. Conditions for ensuring quality of goods, products

1. Domestic manufactured textile products shall be applied according to Article 4, clause 1 of Decree No.132/2008/ND-CP dated December 31, 2008 of the Government, detailing the implementation of a number of Articles of the Law on Product and Goods Quality.

2. Imported textile products shall be applied according to the provisions in Article 7, clause 1 of Decree No.132/2008/ND-CP dated December 31, 2008 of the Government, detailing the implementation of a number of Articles of the Law on Product and Goods Quality.

Customs agencies shall conduct the clearance only when the imported dossier of the goods lot has the goods quality testing result of the inspection agencies as prescribed in Form No.8, Appendix 5 of this Circular.

3. Textile products which are being circulated on the market must be ensured quality conditions as prescribed in Article 38 of Law on Product and Goods Quality.

Article 5. Responsibilities of stakeholders

1. The Science and Technology Department of Ministry of Industry and Trade is responsible for the appointment of laboratories which are allowed to test criteria in Annex 1 and Annex 2 of this Circular in accordance with provisions in the Circular No.09/2009/TT-BKHCN of April 8, 2009 of Ministry of Science and Technology, guiding the requirements on, order of and procedures for the designation of conformity assessment organizations.

2. Market Management Department is responsible for organizing and directing the Market Management Branches of the provinces and cities directly under central government to inspect, control, and handle violations of regulations on the quality of goods circulated on the market prescribed by law.

3. The State’s goods quality inspection agencies implement the quality control of goods circulated on the market under the guidance in Circular No.16/2009/TT-BKHCN dated June 02, 2009 of Ministry of Science and Technology.

During implementation, if any difficulty arises, the inspection agencies promptly reflect this issue to the Department of Science and Technology - the Ministry of Industry and Trade for synthesis and propose to the Ministry for guideline or amendments.

Article 6. Effect

This Circular takes effect 45 days after its signing date and is implemented until the corresponding national technical regulations replaces it.

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