Circular 48/2015/tt-Byt: Active Regulation Of Food Safety Inspection In Production, The Food Business In The Scope Of Management Of The Ministry Of Health

Original Language Title: Thông tư 48/2015/TT-BYT: Quy định hoạt động kiểm tra an toàn thực phẩm trong sản xuất, kinh doanh thực phẩm thuộc phạm vi quản lý của Bộ Y tế

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CIRCULAR active regulation of food safety inspection in production, the food business in the scope of management of the Ministry of health _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to article 5, Clause 68 food safety Law on June 17, 2010;
Pursuant to Decree No. 38/2012/ND-CP dated 25 April 2012 of the Government detailing the implementation of a number of articles of the law on food safety;
Pursuant to Decree No. 63/2012/ND-CP on August 31, 2012 the Government's functions, powers and Organization Department of health;
At the suggestion of the Director of food safety;
The Minister of Health issued a circular regulating the activity of food safety inspection in production, the food business in the scope of management of the Ministry of health.
Chapter I GENERAL PROVISIONS article 1. Scope this circular stipulates responsibility for food safety inspection; the content, the form check; the test sequence and process test results of food safety in production, the food business in the scope of management of the Ministry of health.
Article 2. Application object 1. Production facilities, bottled water business, natural mineral water, functional food, food enhancing micronutrients, food additive, food processing support; Tools, packing materials containing food are the responsibility of management of the Ministry of health.
2. Business establishments, catering services, business street food.
3. Production facilities, sales of non-food products are the responsibility of management of the Ministry of agriculture and rural development, Ministry of industry and trade; production facilities, business variety in food product management authority from 2 or more Sets including in food product management authority from 2 or more Sets including food products under the jurisdiction of the Ministry of health management provisions in circular No. 13/2014/TTLT-BYT-BNNPTNT-BCT April 9 in 2014 of the Minister of health Minister of agriculture and rural development, Minister of industry and trade to guide the assignment, coordination in the governance of food safety (hereinafter abbreviated as circular No. 13/2014/TTLT-BYT-BNNPTNT-BCT).
4. the competent authorities examine the food safety and inspection division by competent authorities check food safety establishment.
5. The agencies, organizations and individuals concerned.
6. This circular does not apply to: a) check operation State on food safety for food imports, exports of the State Inspection Agency indicated.
b) check the conformity certification activities for food of conformity certification organizations are specified.
Article 3. Principle of the test 1. Compliance with the principles prescribed in paragraph 4 to article 68 food safety Laws.
2. Do not overlap on the subject, geographical and time tested. In the event of the repetition of the test plan the Agency's food safety management level under the test plan and the Agency's food safety management level above, between the branches, then overlapping processing according to the principles specified in paragraph 3 article 5 joint circular No. 13/2014/TTLT-BYT-BNNPTNT-BCT.
Chapter II RESPONSIBLE for, the content and FORM of FOOD SAFETY INSPECTIONS article 4. Inspection Agency food safety, responsibility and authority, inspection agency's inspection Division 1. Inspection Agency food safety include: a) the food safety Bureau perform food safety inspections on nationwide.
b) the Department of health, Bureau of food safety and hygiene of the province, the central cities (hereafter referred to as the provincial level) perform food safety inspections on the area of the whole province.
c) district people's Committee, district, town (hereinafter collectively referred to as district level), the Medical Department of the people's Committee at district level, the district health centre is responsible for food safety inspections in the district.
d) people's Committee of communes, wards and towns (hereinafter referred to as the social level), is responsible for Township Health Stations to check on food safety.
2. the competent agency food safety inspection perform the powers and duties of the governing body of food safety regulation in article 69 of law and food safety.
3. The delegation checked out by the competent authority on the inspection of food safety has decided to establish the duties and powers stipulated in article 70 food safety Laws.
Article 5. Grounds for test 1. The national technical regulation for food products; provisions of the law on food safety for manufacturing, food business and food products.
2. The standards related to food safety organization, individual production announced for production, sales of food and food products.
3. The rules of food safety conditions for manufacturing facilities, food business; business establishments, catering services, business street food.
4. The rules on advertising, labelling for food.
5. The rules of food testing.
6. The provisions of the legislation on food safety.
Article 6. Content checking 1. Manufacturing establishments, food business: a) administrative records, legal basis: business registration certificate, certificate of the eligible basis of food safety, verification of knowledge about food safety. Full certification of health facilities and home of people directly in production, the food business; Reaching the base certificate ISO, HACCP (hazard analysis systems and critical control points) and equivalent;
b) records for the paper to receive a published certificate/conformity announced match food safety rules, the paper confirmed the advertising content;
c) records, and documents of the home base about the condition of premises, equipment and instruments; people directly in production, the food business; production process, processing; transport and food preservation; source, origin, limit the use of raw materials, additives and food products; the other provisions relevant to the production facilities, sales of food and food products;
d) content labeling of food products: a VND) making periodic testing products;
e) implementing regulations on food advertising (for the basis of food advertising);
g) check the papers relating to the State inspection on food safety for food importing (importing establishments, food import business);
h) sample tested in case necessary. The test sample taken in accordance with circular No. 14/2009/TT-BYT on January 1st, 2011 by Secretary of the Ministry of health general guidelines on sampling inspection service, food quality, food safety and hygiene.
2. for business establishments, catering services, business street food: a) check administrative records, legal basis: business registration certificate, certificate of the eligible basis of food safety (for the base in an institution), certificate of knowledge of food safety. Full certification of health facilities and home of people directly in production, the food business;
b) test, documentation and records of the home base about the condition of premises, equipment and instruments; people directly in production, the food business; production process, processing; practice food safety hygiene of staff; transport and food preservation; sources of water; origin for food and raw materials for the production and processing of food; Save the form; other related regulations;
c) sampling of food, food ingredients for testing in case of need.
Article 7. Check under the plan 1. Build test plans: a) each year, the competent authorities check the required base management, performance product quality situation of goods, reviews the situation in compliance with the provisions of the law on food safety; inspection results, check the previous period; the funding situation and the direction of the superior authority to build test plans as specified in point a of Paragraph 2 Article 69 of law and food safety.
b) building completion time test plans annually as follows: Before November 1 for granted, prior to the township on November 15 for district level, before 1 December for the province level and the front on December 15 for food safety Bureau. The plan test is performed according to the form prescribed in annex No. 1 attached to this circular.
2. Advance notice of inspection: before conducting the inspection, the inspection body must inform the basis be checked slowly for 7 days, except for the object to be examined is the basis of the food business in an not registered business, the business of street food.
3. Frequency of inspection: a) for business establishments, catering services, business street food made according to the provisions of article 9 circular 30/2012/TT-BYT on 5th December 2012 of the Minister of health regulations on food safety conditions for business establishments catering services business, street food.
b) for manufacturing, food business in the scope of management of the Ministry of health carried out according to the provisions of article 14 circular No. 16/2012/TT-BYT on 22 October 2012 of the Minister of health regulations on conditions of food safety for manufacturing business, food, packaging materials, utensils, food containers in the scope of management of the Ministry of health.
Article 8. Unscheduled inspections 1. The competent authorities to check on food safety to conduct unscheduled checks in the following cases: a) When signs in breach of food safety, food safety issues; the high-point inspection and management requirements of food safety under the direction of the superior bodies;
b) when warning of domestic organizations, foreign countries and international organizations related to food safety;
c) according to the image of the Organization, individuals are related to food safety.
2. inspection bodies are not notified before the inspection for production facilities, the food business; business establishments, catering services, business street food.
Chapter III EXAMINATION and PROCESSING SEQUENCE TEST RESULTS article 9. Test sequence 1. Decision check:

Agency heads are authorized to check the food safety decision check include the following: content and scope of the test, the test form (check the schedule or unscheduled), test period, the test period; test group composition, duties of the examining Division. The decision to test is performed according to the form prescribed in annex No. 2 attached to this circular.
2. check the Group perform check in sequence: a) announced the decision to check with test subjects;
b) exercise control according to the content of the provisions in article 6 of this circular;
c) Set the minutes: the minutes of examining food safety for manufacturing facilities, food business to follow the form prescribed in annex No. 3 attached to this circular; Report on the test of food safety business establishments catering services follow the form prescribed in annex No. 4 attached herewith; Report on the test of food safety for the food business establishments streets follow the form prescribed in annex No. 5 attached to this circular.
d) reported the test results in accordance with article 11 of this circular.
DD) decision to handle the test results according to the provisions of article 10 of this circular.
Article 10. Handle processing test results in the process of food safety inspection in accordance with Point c of paragraph 1 to article 69 food safety Laws. Some specific cases as follows: 1. in case of violation of the provisions on the labelling of the goods or the goods sample test results do not match the criteria announced in the details of your product or the target indicated on the product label accompanying announcement that authority receiving a published certificate or conformity get proper regulations published food safety then processed according to the provisions of the law on the recovery and processing of non-food products to assure the management jurisdiction of the Ministry of health.
2. In the process of checking if the Organization, individuals have to handle violations administrative violations, then depending on the nature and extent of the violation, to apply the text sanctioning administrative violations as follows: a) violated the regulations on conditions of food safety assurance, periodic testing of the product handled violated the provisions of Decree No. 178/NĐ-CP on 2013/14 November 2013 of government sanctioning administrative violations of food safety (hereinafter abbreviated as Decree 178/2013/ND-CP).
b) violated the rules of conformity published or announced the suit food safety regulations for food products; commodities have sample test results do not match the criteria announced in the details of your product or the target indicated on the product label or not consistent with the applicable disclosure norms, does not fit the national technical regulation or regulation of food safety handling infractions under the provisions of Decree No. 80/2013/ND-CP on July 19, 2013 the Government's regulations on sanctioning administrative violations in the field of standardization, metrology and quality goods and products (hereinafter abbreviated as Decree No. 80/2013/ND-CP) or decree 178/2013/ND-CP of. c) violates regulations on labeling of goods handled violated the provisions of Decree No. 80/2013/ND-CP) violation of regulations on food advertising handle offense under the provisions of Decree No. 158/2013/NĐ-CP on November 12 in 2013 of the Government sanctioning administrative violations in the field of culture, sports, tourism and advertising.
DD) violated the provisions of the commercial activity, the production of, trade in food is banned imitation handle violation pursuant to Decree No. 185/2013/ND-CP on November 15, 2013 of government sanctioning administrative violations in trade, manufacturing, trafficking in counterfeit goods prohibited goods, and protect the interests of consumers.
3. in case of excess of jurisdiction, then move up to higher level profile to process or transfer of records to Agency verification, processed according to the provisions of the law.
Article 11. Report test results within a period not exceeding 15 days from the date of the end of the test. Head of the delegation responsible for checking the report writing test results with the heads of the agency decision check according to the content specified in annex No. 6 attached to this circular.
Chapter IV the TERMS OF IMPLEMENTATION of article 12. Effective enforcement of this circular effect since July 15, 2016.
Article 13. The terms of reference in case the legal texts and regulations are cited in this circular have the change, addition or replacement shall apply under the new legal text.
Article 14. Responsible for enforcing the food safety Bureau Chief; Chief of the Department; The Chief Inspector of the Ministry; Director, Bureau Chief, General Director of the Ministry of health units; The heads of the agencies, subdivisions of the Ministry: Director of the Health Department of the province, central cities; Heads of health ministries and agencies, organizations and individuals concerned is responsible for the implementation of this circular.
In the process, if there are obstacles, the proposal reflects the timeliness of the Ministry of health (food safety Bureau) to research, resolve./.