Circular No. 47/2009/tt-Bct: Regulating The Quality Control, Food Safety And Hygiene For Food Products In The Production Process Are The Responsibility Of Management Of The Ministry Of Industry And Trade

Original Language Title: Thông tư 47/2010/TT-BCT: Quy định việc kiểm tra chất lượng, vệ sinh an toàn thực phẩm đối với sản phẩm thực phẩm trong quá trình sản xuất thuộc trách nhiệm quản lý của Bộ Công thương

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Pursuant to Decree No. 189/2007/ND-CP on December 27, 2007 of the Government functions, tasks, powers and organizational structure of the Ministry of industry and trade;

Pursuant to the law of product quality, goods and Decree No. 132/2008/ND-CP on December 31, 2008 detailing the Government's implementation of some articles of the law on product quality, goods;

Ordinance base food safety hygiene and Decree No. 163/2004/ND-CP dated 7 September 2004 from the Government detailing the implementation of a number of articles of the Ordinance on food hygiene and safety;

Pursuant to Decree No. 79/2008/ND-CP on July 18, 2008 by government regulations governing system, inspection and testing of food hygiene and safety;

Pursuant to Decree No. 40/2008/ND-CP dated 7 April 2008 by the Government on alcohol production and sales;

Industry regulations to check the quality of the food safety and hygiene for food products in the production process are the responsibility of the State administration of industry and Commerce before marketed as follows: chapter I GENERAL PROVISIONS article 1. Scope this circular regulates the examination of quality, food safety and hygiene (CL, FSH) for food products in responsible governance of the Industry before making the market include: a) the product of beer-Alcohol-Beverage;

b) dairy products processing;

c) vegetable oil products;

d) processing flour products and starch.

Article 2. The object that applies to this circular apply to: 1. organizations, individual manufacturing, food product processing are defined in article 1 of this circular has registered the business in Vietnam before making the market.

2. The inspection body CL, FSH.

Article 3. Explanation of terms In this circular, some words are interpreted as follows: 1. Manufacturing facilities, food processing (hereinafter referred to as the production base) is one or more processing operations to alter the natural texture of basic raw materials, packaging, preservation to take to market.

2. Product quality is the level of the characteristics of the products, to meet the requirements of the applicable standards, the respective technical regulation.

3. food safety and hygiene (FSH) are the conditions and measures necessary to ensure the food is not harmful to health, human life.

4. check the level of response of the production base of food products conform with the standards, technical standards, national standards, technical regulations on FOOD HYGIENE regulations, the CL current.

5. food is testing the implementation of one or several test activities, assessment of conformity with the standards or the corresponding technical standards for foods, food additives, food processing support substances, substances added to food, packaging, tools, food packaging material.

6. Given the market is the production base of self consumption or for sale, donation, Exchange with other private organizations.

Article 4. Principle of the test the test CL, FSH should ensure the following principles: 1. Based on the risk assessment for each type of production base of food products.

2. Clear, transparent; ensure the right audience, efficient but does not affect the operation of production facilities was examined.

3. Honestly, objectively, the test Group members do not have direct or indirect relations of economic interests with the facility to be checked.

Article 5. Cost of implementation 1. Funding to ensure CL, FSH food manufacturing establishments before making the market was put into the funds spent by the regular budget level according to the current rules.

2. The agencies according to the assigned responsibility to the construction plan, plan funding made annually, the approval authority.

Chapter II INSPECTION ACTIVITIES in the PRODUCTION of article 6. Base to base test to check for include: a) the standards, technical standards, the standards applied, the text provisions on ensuring FOOD HYGIENE by the State Agency has the authority to enact;

b) bases in the quality control of production according to Decree No. 132/2008/ND-CP on December 31, 2008 detailing the Government's implementation of some articles of the law on product quality, the goods.

Article 7. Content check content check includes: 1. the business register match lines of business;

2. Certificate of the eligible basis of food safety and hygiene;

3. Certificate of training knowledge on hygiene and food safety of the home base and those who direct the production of food;

4. Voucher for health workers in accordance with the law;

5. periodic water testing Voucher for production activities;

6. Decide and announce the product standards;

7. The general hygiene conditions for food production in accordance with the law;

8. The provisions of the respective technical regulation and standards by the Organization, individuals produce food announced;

9. The implementation of the standard rules, technical standards and other documents of FSH CL, regulation of CL, FSH State Management Agency has the authority to enact;

10. sample test results conform with standards applied, corresponding technical regulation has been made in food testing facility by the governing body of State regulation;

11. content label as defined on the label and the text of the provisions of the law on the labelling of food commodities;

12. Sampling to verify testing for products not sure about CL, FSH under Appendix III of this circular;

13. The conditions ensure CL, FSH on the whole process of food production and technical norms norms of the product;

14. Record keeping documents on the source, origin of raw materials of the products and other materials about the whole process of food production;

15. The implementation of the management of CL, FSH for the basis of application of the quality management system according to ISO 9001 and HACCP, ISO 22000;

16. The minutes of the most recent inspection, inspection;

17. Check the license to produce wine for the wine production.

Article 8. Building plan check 1. Periodic inspection plans a) based on the actual situation, the required test CL, FSH for each facility, building inspection agency plans checking on CL, FSH and planned funding plan before 1 November of each year; The test plan should identify specific products of the production facilities and test content;

b) must check agency announced plans to check for the previous 15 days production check.

2. Check for irregular bodies check conducted unscheduled inspection in the following cases: a) when the product violates the rules on FOOD HYGIENE and quality;

b) when warning of the quality, HYGIENE and organization;

c) at the request of State management of quality, FSH.

Chapter III the RESPONSIBILITIES and POWERS of INSPECTION AGENCIES, FOOD MANUFACTURING FACILITIES article 9. Inspection bodies 1. Delivery Service light industry-Industry coordinated with the functional unit of the Ministry is responsible for checking the production base of food according to the list in annex I of this circular.

2. The Department of industry and trade of the province, the central cities to check the production base in the province, the city is not in the list in annex I of this circular and the food production facility in paragraph 1 of this article at the request of the Ministry of industry and trade.

Article 10. The responsibilities and powers of the Agency 1. Building plan check CL, FSH annually the competent bodies for approval.

2. General, reported test results of the provincial people's Committee and the Ministry of industry and trade.

3. Require manufacturing facilities to produce the relevant documents, and providing copies of documents when required and processed in the process of checking under article 30 of the law on product quality, the goods.

4. Sampling for testing when necessary.

5. Notify the manufacturing test results; recommendations to the competent State agencies processing the violation under the provisions of the law; published list of violating facilities on the mass media in case of not implementing the required test results in the message.

6. Protection of confidential information, documentation, test results related to food production facilities are examined when no exact conclusion.

7. Be responsible before the law about the test results, relevant conclusions.

Article 11. The responsibility and authority of food manufacturing establishments 1. Provide documents related to the product should check as stipulated in article 7 of this circular.

2. Accept the check operations ensure CL, FSH test facility and processed in violation of the competent bodies.

3. report the direct agency management, when the product is not guaranteed to produce CL, FSH on the content, fix the product plan violates CL, FSH.

4. Maintain conditions to ensure FOOD HYGIENE regulations, CL. Fix, fix the error stated in the minutes of the examination and inspection agency reports.

5. complaints, Petitions the conclusions of the inspection Group under the provisions of the law.

6. Compensation for damages under the provisions of the law.

Article 12. Handle violation 1. In the process of checking the production facilities do not comply with the production process, standards, technical regulation of CL, FSH, standards applied and the text of regulations on FOOD HYGIENE by the State Agency has the authority to enact, the Corps established a test according to annex II of this circular and notice of inspection results to production facilities.

2. The product does not meet the requirements for the CL, FSH as specified, check the record-setting requirements production base overcome part of product flaws to ensure quality before placed on the market; production requirements to recall these products don't guarantee CL, FSH has taken out of circulation on the market.

3. where there is full evidence that the product produced does not ensure CL, FSH production base but did not make the request in the message of the test Group or re-offending, many times inspection Delegation will propose relevant authorities handle under the provisions of the law and the public notice on the mass media.

Chapter IV the TERMS OF IMPLEMENTATION of article 13. Effective enforcement of this circular effect since Feb. 15, 2011.

Article 14. Modify the additional Service, light industry, the Department of industry and trade of the province, central cities are responsible for gathering the opinions of the institutions, about the obstacles in the implementation of the circular, reported Industry look to modify, complement accordingly./.

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