Thông tư 45/2012/TT-BCT

CIRCULAR

ON THE INSPECTION OF FOOD SAFETY AND QUALITY DURING THE PRODUCTION OF FOODS UNDER THE MANAGEMENT OF THE MINISTRY OF INDUSTRY AND TRADE

Pursuant to the Government's Decree No. 95/2012/NĐ-CP dated November 12^th 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Law of Food safety No. 55/2010/QH12 dated June 17^th 2010, and the Government's Decree No. 38/2012/NĐ-CP dated April 25^th 2012, detailing the implementation of a number of articles of the Law of Food safety;

Pursuant to the Law on Product and goods quality No. 05/2007/QH12 dated November 21^st 2007, and the Government's Decree No. 132/2008/NĐ-CP dated December 31^st 2008, detailing the implementation of a number of articles of the Law on Product and goods quality;

Pursuant to the Government's Decree No. 94/2012/NĐ-CP dated November 12^th 2012 on the wine production and wine trading;

The Minister of Industry and Trade issues a Circular on the inspection of food safety and quality during the production of foods under the management of the Ministry of Industry and Trade:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular deals with the principles, process, and procedure for the inspection of food safety and quality during the production of foods under the management of the Ministry of Industry and Trade, including:

1. Beer, wine, and soft drink;

2. Processed milk;

3. Vegetable oil;

4. Powder and starch;

5. Confectionery;

6. Packages of the products prescribed in Clause 1, 2, 3, 4, and 5 of this Article.

Article 2. Subjects of application

This Circular is applicable to:

1. The organizations and individuals that produce the foods prescribed in Article 1 of this Circular, and have registered their corresponding business in accordance with Vietnam’s law.

2. The relevant organizations and individuals.

Article 3. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. A food factory (hereinafter referred to as factory) is the premises that carry on one, some, or all stages including preparing, processing, packing, and preserving, in order to create foods.

2. The inspection of food safety and quality is the inspection of the compliance with current laws on assuring food safety and quality during the production of foods.

3. Food testing is the tests and assessment of conformity with corresponding technical regulations or standards applicable to foods, food additives, food processing supplements, food supplements, packages, tools and food storage materials.

4. A batch of food is a definite amount of the same kind of products, having the same name, quality, expiry date, made of the same materials, and produced at the same factory.

Article 4. The inspection principles

The inspection of food safety and quality must comply with the following principles:

1. Keep the information, materials, inspection results of the inspecting agency and the factory confidential until the official conclusion is made.

2. Take responsibility before law for the inspection result and relevant conclusions.

3. Ensure the plain assignment, decentralization, and efficient cooperation; do not harass and disturb the operation of the inspected factories.

4. Ensure the objectivity, accuracy, openness, transparency, and impartiality; the members of the Inspectorate must not directly or indirectly related to the economic benefits of the inspected factory.

Chapter II

THE ORDER AND PROCEDURES FOR THE INSPECTION OF FOOD SAFETY AND QUALITY DURING THE PRODUCTION OF FOODS

Article 5. Periodic inspections

1. Depending on the actual developments and the requirements of inspection of food safety and quality of each factory, the inspecting agency shall formulate annual plans for the inspection of food safety and quality (hereinafter referred to as plans) and estimate the budget for such plans before November 01^st every year, and send them to competent authorities for approval. The inspection plan must determined the inspected products, the number of inspected factories, and the inspection content.

2. Do not inspect a factory more than once a year.

3. The inspecting agency must notify the inspection plan to the factories at least 15 days before the inspection date.

Article 6. Irregular inspection

1. The inspecting agency shall carry out the irregular inspection in one of the following cases:

a) There are circulating products that do not assure the food safety and quality, or are not conformable with the applicable standards and corresponding technical regulations.

b) There are warnings from domestic and international organizations about the food safety and quality.

c) The irregular inspection is requested by a competent State management agency in charge of food safety and quality.

2. The inspecting agency must send prior notice about the inspection to the food factory.

Article 7. The inspection content

The inspection of food safety and quality includes:

1. Inspect the documents related to the products and the process of food production.

2. Inspect the assurance about the food safety and quality during the food production at the factory.

Article 8. The basis of the inspection of food safety and quality

1. The corresponding national technical regulations and standards and the standards announced to be applicable to the food products under the management of the Ministry of Industry and Trade.

2. The current laws on food safety and quality during the food production.

3. The current laws on goods labeling.

Article 9. Inspection of the documents related to foods and the process of food production.

1. The certificate of registration of corresponding business prescribed by Vietnam’s law.

2. The Certificate of fulfillment of food safety conditions.

3. The License for wine production, applicable to the wine producers.

4. The Notice of the reception of the Declaration of conformity or the Certificate of Declaration of conformity with the food safety regulations, and the standard certificate.

5. The Declaration of conformity and detailed specification of the products, the product sample for comparison.

6. The product test result within the previous 12 months given by a laboratory appointed or accredited by the Minister of Industry and Trade.

7. The water test result.

8. The documents of each food batched produce by the factory.

9. The sale contracts, invoices, and papers related to the food ingredients, food additives, food processing supplements, and food preservatives.

10. The certificates of knowledge about food safety of the factory owner and the people who directly participate in the food production.

11. The certificates of health of the factory owner and the people who directly participate in the food production, or the list of officers of the factory issued by a medical agency at the district level or above.

12. The label content consistent with the content registered with the competent agency.

13. The Certificate of conformity to HACCP or ISO 22000 or the equivalents, the quality control and food safety documents, applicable to the factories that employ the quality control system according to HACCP and ISO 22000 (if any)

14. The latest inspection record issued by a competent State agency (if any).

Article 10. The inspection of the condition of the factory

1. Inspect the condition of the factory, including:

a) The facilities: the location, environment; design, structure, arrangement; the ventilation system, lighting system, the water supply system, air and compressed air supply system, the waste treatment system; bathrooms, locker rooms; the waste collection and treatment system; the drainage system and sewage treatment system.

b) The devices and equipment serving the food production and processing, the devices and equipment serving the packaging of food, the sanitary facilities, the equipment serving the supervision and measurement; the instruments for washing and sterilizing hands; the instruments for sample preservation; the instruments for pest prevention; detergent;

c) The people who directly participate in the food production and processing: the personal protective equipment; personal sanitary equipment.

d) Food preservation during the production: The warehouses of materials, packages, food additives, food processing supplements, food products; shelves for materials and finished products; instruments for temperature and humidity control; means of transporting materials and finished products.

2. The inspection result shall be assessed in accordance Annex I enclosed with this Circular.

3. Take samples for testing the foods that do not assure the food safety and quality according to Annex II enclosed with this Circular.

Article 11. Handling the inspection results

1. The Inspectorate shall make a record according to Annex I enclosed with this Circular, and send to inspection results to the competent agency in charge of food safety and quality, and to the inspected factory.

2. If the foods do not satisfy the requirements of food safety and quality as prescribed, the Inspectorate shall request the factory to rectify their failed products within the period specified in the inspection record.

3. If the factory does not comply with the request for the rectification in the previous inspection record, the Inspectorate must notify the local Service of Industry and Trade and the competent agency in charge of food safety for supervising and handling.

4. If the factory still fails to assure the food safety during the food production, or does not comply with the request for the rectification in the inspection record, the Inspectorate must request the competent agency in charge of food safety to handle this situation as prescribed by law.

Article 12. The budget inspection and testing

1. The budget for the inspection of the assurance of food safety and quality is funded from:

a) The annual State budget expenditure as prescribed by current laws;

b) Other legal budget sources.

2. The budget for testing food samples are specified in Article 41 and Article 58 of the Law on Product and goods quality, Article 48 of the Law of Food safety, and other regulations of law.

Chapter III

THE RESPONSIBILITY AND AUTHORITY OF INSPECTING AGENCIES, INSPECTORATES, RELEVANT ORGANIZATIONS AND INDIVIDUALS

Article 13. The responsibility and authority of inspecting agencies

The agencies that inspect the food safety and quality have the following responsibility and authority:

1. Formulating and submitting annual plans for inspection of food safety and quality to competent agencies for approval.

2. Making decisions on the establishment of Inspectorates in order to carry out the inspections according to the periodic or irregular plans.

3. Making handling decision within 03 working days from the reception of the report from the Inspectorate on the suspension of the production and trading of food, the sealing of food, the suspension of the advertisements for unsafe foods.

4. Handling the violations during the inspection of food safety and quality as prescribed in Article 30 of the Law on Product and goods quality and other relevant laws.

5. Notifying the inspection results and relevant conclusions to the factories.

6. Settling complaints about the decisions made by the Inspectorates, and the acts committed by the Inspectorate’s members in accordance with the laws on complaints and denunciations.

Article 14. The responsibility and authority of Inspectorates

During the inspection of food safety and quality, the Inspectorates have the following responsibility and authority:

1. Carrying out the inspection of food safety and quality at the food factories in accordance with the Decisions on the establishment of the Inspectorate approved by competent authorities.

2. Complying with law and the inspection principles prescribed in Article 4 of this Circular.

3. Summarizing and reporting the results of the inspections of food safety and quality to the provincial People’s Committees, the Ministry of Industry and Trade, and competent agencies in charge of food safety and quality.

4. Requesting the inspected factories to present the relevant documents where necessary.

5. Requesting the food factories that do not assure the food safety and quality to take remedial measures.

6. Take samples for testing where necessary.

Article 15. The responsibility and authority of the food factories

1. Cooperating with the Inspectorates and inspecting agencies during the inspection of food safety and quality at the factories

2. Establishing and managing the books, and recording the issues related to the food safety and quality at their factories.

3. Keeping and providing the documents, technological process, and equipment related to the products that need inspecting as prescribed in Article 9 and Article 10 of this Circular.

4. Comply with the inspection of food safety and quality carried out by the inspecting agency, and the decisions on handling violations made by competent agencies.

5. Reporting:

a) Report the rectification of the unreliability of food safety and quality during the production to the inspecting agencies and the local Services of Industry and Trade according to Annex V enclosed with this Circular;

b) Report the compliance with the law on the assurance of food safety and quality at the request of competent agencies according to Annex VI enclosed with this Circular.

6. Maintaining the conditions for food safety and quality as prescribed by law.

7. Rectifying the issues specified in the inspection record at the request of the inspecting agencies and Inspectorates.

8. Making complaints about the conclusions given by the Inspectorates as prescribed by law.

Chapter IV

REGULATIONS ON THE IMPLEMENTATION

Article 16. Effects

1. This Circular takes effect on February 20^th 2013.

2. The Circular No. 47/2010/TT-BCT dated December 31^st 2010 of the Ministry of Industry and Trade on the inspection of food quality, safety and hygiene during the production of foods under the management of the Ministry of Industry and Trade is annulled on the effective date of this Circular.

Article 17. Implementation organization

1. The Department of Light Industry – the Ministry of Industry and Trade shall cooperate with relevant agencies in inspecting the food factories in the Annex VII enclosed with this Circular.

2. The Services of Industry and Trade in central-affiliated cities and provinces (hereinafter referred to as Services of Industry and Trade) shall inspect the local factories not in the list in Annex VII enclosed with this Circular, and the food factories in Clause 1 this Article under the authority of the Ministry of Industry and Trade.

3. The Department of Light Industry and Services of Industry and Trade shall receive and report the difficulties during the implementation of this Circular to the Minister of Industry and Trade for consideration and amendment./.