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The Food Safety Law is a crucial tool for the state to oversee food safety and hygiene. Compared to previous regulations, the 2010 Food Safety Law has introduced changes and added provisions that are more suitable for the current situation and the principles of this integration period.
The latest updates on the 2010 Food Safety Law: notable highlights and key provisions.
Abbreviation List:
- Food Safety Law Overview
1. Food Safety Law Overview
The most current Food Safety Law in effect is the 2010 Food Safety Law, which has been enforced since July 1, 2011.
The law is guided by Decree No. 15/2018/NĐ-CP, detailing the implementation of certain provisions of the food safety law.
The regulatory scope of the law includes the following issues:
- Rights and obligations of organizations and individuals in ensuring food safety;
- Conditions to ensure food safety, food production, business, import, export, and food advertising, labeling; food testing; analysis of risks related to food safety;
- Advertising, food labeling; food testing; analysis of risks related to food safety;
- Prevention, containment, and resolution of food safety incidents;
- Information, education, communication on food safety;
- State management responsibilities for food safety;
- The law consists of 11 chapters and 72 articles, as follows:
- Chapter I. General provisions comprising 6 articles (from Article 1 to Article 6).
- Chapter II. Rights and obligations of organizations and individuals in ensuring food safety include 3 articles (from Article 7 to Article 9).
- Chapter III. Conditions to ensure food safety comprising 9 articles (from Article 10 to Article 18).
- Chapter IV. Conditions to ensure safety in food production and business including 15 articles (from Article 19 to Article 33).
- Chapter V. Certification of facilities meeting food safety requirements in food production and business consisting of 4 articles (from Article 34 to Article 37).
- Chapter VI. Food Export and Import comprising 5 articles (from Article 38 to Article 42).
- Chapter VII. Food Advertising and Labeling comprising 2 articles (Article 43 and Article 44).
- Chapter VIII. Food Testing, Analysis of Risks Related to Food Safety, Prevention, Containment, and Resolution of Incidents involving Food Safety consisting of 11 articles (from Article 45 to Article 55) and divided into 4 sections.
- Chapter IX. Information, Education, and Communication on Food Safety comprising 5 articles (from Article 56 to Article 60).
- Chapter X. State Management on Food Safety consisting of 10 articles (from Article 61 to Article 70).
- Chapter XI. Provisions for Implementation comprising 2 articles (Article 71 and Article 72).
* Download the Food Safety Law HERE
2. Key Highlights of the Food Safety Law
2.1. Principles of Food Safety Management
- The 2003 Food Safety Ordinance previously only focused on state management of food safety.
- In contrast, Article 3 of the 2010 Food Safety Law outlines 6 management principles, including:
+ Ensuring food safety is the responsibility of all organizations and individuals involved in food production and business.
+ Food production and business are conditional activities; organizations and individuals involved in food production and business must take responsibility for the safety of the food they produce and sell.
+ Food safety management must be based on corresponding technical standards and regulations issued by competent state authorities and standards announced by organizations and individuals involved in production.
+ Food safety management must be carried out throughout the food production and business process based on risk analysis related to food safety.
+ Food safety management must ensure clear assignment, clear hierarchy, and inter-agency coordination.
+ Food safety management must meet the requirements of socio-economic development.
Main Content of the 2010 Food Safety Law
2.2. Addition of Prohibited Behaviors
Previous regulations only listed 7 prohibited behaviors, but the new law expands to include 13 prohibited behaviors. The new law has added behaviors such as:
- Producing, trading food at establishments without a certificate of compliance with food safety conditions as regulated. Entities must possess a food safety hygiene certificate, which can be individuals, organizations, or enterprises as stipulated in the Enterprise Law engaged in food production, business.
- False advertising of food, causing confusion to consumers.
- Individuals with infectious diseases participating in food production, business.
- Concealing, distorting, or removing the scene, evidence of food safety incidents, or other deliberate actions hindering the detection, rectification of food safety incidents.
- ...
Ensuring Food Safety Conditions
Guaranteeing food safety conditions for production and trade, certification requirements have become more specific under the new law, focusing primarily on documentation and procedures for obtaining food safety permits.
The law now allows organizations and individuals to self-disclose rather than relying on authorities to announce food safety standards.
Dealing with Violations of Food Safety Laws
The new law introduces penalties based on violation severity and the value of seized food products, alongside confiscating proceeds from violations.
Furthermore, the rights and obligations of organizations and individuals are clearly outlined in the law.
Food Testing and Risk Analysis for Food Safety
Previous regulations only addressed food poisoning prevention and disease transmission through food.
The new law mandates risk analysis, prevention, intervention, and resolution of food safety incidents, along with implementing food traceability, retrieval, and handling of unsafe food.
Additional State Management Regulations on Food Safety
The new law outlines 5 provisions on state management of food safety (Articles 61 - 65), whereas the old regulations only covered 2 provisions.
The new law also specifies the general and specific responsibilities of each ministry and sector in managing state affairs regarding food safety.
Here are the details about food safety laws that readers can follow. The new regulations have institutionalized the state's directions and principles, while enhancing the responsibilities of individuals, organizations, and relevant authorities regarding food safety and hygiene. Readers can also explore other legal documents in Vietnam's legal system such as Cybersecurity Law, Civil Law, Securities Law, ...
