Food production and business establishments need to fully meet the conditions and comply with inspection and control procedures for food according to specific safety standards of the law, to ensure management and control of food, protect the health of consumers. Establishments that satisfy the regulations will be granted a Certificates of food safety eligibility (hereinafter referred to as “Food safety certificate”). However, specifically which food production and business establishments are required to carry out the procedure for granting this Food safety certificate?
1. Issuance of Food Safety Certificate
According to current law, food production and business establishments must fully meet the conditions and be issued a Food safety certificate during their operation. Exceptions are only applied to the following cases – objects not subjecting to issuance of Food Safety Certificates:
– Micro food manufacturers;
– Mobile food manufacturers and sellers;
– Micro food processors;
– Micro food sellers;
– Sellers of prepackaged foods;
– Manufacturers and sellers of instruments and materials for wrapping and storing food;
– Restaurants within hotels;
– Industrial kitchens not registered as a food business;
– Street food vendors;
– Any food business that has one of the following certificates: GMP, HACCP, ISO 22000, IFS, BRC, FSSC 22000 or an equivalent certificate.
2. Conditions for issuance of Food safety certificate
For subjects in required cases, the establishment will be granted a Food safety certificate when fully meeting the following conditions:
– Have enough conditions to ensure food safety suitable for each type of food production and business according to regulations;
– Have registered food business in the Business Registration Certificate.
In particular, the Minister of Health, Minister of Agriculture and Rural Development, and Minister of Industry and Trade stipulate in detail the authority to issue Food Safety Certificates depending on the type of food production and business. Products; facility scale or field of management assignment…
>> CONDITIONS FOR ISSUANCE OF FOOD SAFETY CERTIFICATE FOR CAFE https://linconlaw.vn/conditions-for-issuance-of-food-safety-certificate-for-cafe/
>> SOME ISSUES ON OPERATION OF FOREIGN TRADERS’ BRANCHES https://linconlaw.vn/some-issues-on-operation-of-foreign-traders-branches/
3. Validity period of Food safety certificate
The food safety certificate is valid for 3 years and must be reissued in case of expiration and the establishment wishes to continue producing and trading food.
It should be noted that the procedure for re-issuance needs to be carried out within 6 months before the date of expiration of the Food safety certificate.
4. Sanctions for handling violations
Violations of regulations on Food safety certificates can be fined up to VND 60 million. At the same time, remedial measures can be applied including forced recall of food, forced change of use purpose or recycling or forced destruction of food for violations, depending on the behavior and severity of the violation.
- Law on Food safety 2010;
- Decree 15/2018/ND-CP guiding the Law on Food Safety issued on February 2, 2018;
- Decree 115/2018/ND-CP regulating penalties for administrative violations of food safety issued on September 4, 2018;
- Decree 124/2021/ND-CP amending Decree 115/2018/ND-CP regulating penalties for administrative violations of food safety and Decree 117/2020/ND-CP regulating penalties for administrative violations of food safety in the health sector issued on December 28, 2021.
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