Circular No. 23/2018/TT-BYT dated September 14, 2018 of the Ministry of Health on prescribing the recall and disposal of unsafe foods under the management of the Ministry of Health
The disposal of unsafe foods that are recalled
This content is prescribed at the Circular No. 23/2018/TT-BYT of the Ministry of Health on prescribing the recall and disposal of unsafe foods under the management of the Ministry of Health.
Specifically, after being recalled, these unsafe foods shall be disposed of in one of the following forms:
- Correction of labeling errors: This form is applied to products having labeling errors compared to their self-declaration dossiers or dossiers of product declaration registration;
- Change of use purposes: This form is applied to products of inferior quality that are likely to cause harm to consumer health and cannot be used for food but may be used for other purposes;
- Re-export: This form is applied to imported products of quality and safety limits lower than those stated in their self-declaration dossiers or dossiers of product declaration registration or likely to cause harm to consumer health;
- Destruction: This form is applied to products of quality criteria or safety limits not in conformity with their self-declaration dossiers or dossiers of product declaration registration which may cause harm to consumer health for which the form of change of use purpose and re-export cannot be applied.
This Circular is issued on September 14, 2018 and takes effect on November 01, 2018.
For further details of the Circular 23/2018/TT-BYT, Click here
translation of the Official Gazette of the Vietnam News Agency
THE MINISTRY OF HEALTH
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
Hanoi, September 14, 2018
Prescribing the recall and disposal of unsafe foods under the management of the Ministry of Health
Pursuant to June 17, 2010 Law No. 55/2010/QH12 on Food Safety;
Pursuant to the Government’s Decree No. 75/2017/ND-CP of June 20, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Health;
At the proposal of the Director of the Department for Food Safety,
The Minister of Health promulgates the Circular prescribing the recall and disposal of unsafe foods under the management of the Ministry of Health.
Article 1.Scope of regulation
This Circular prescribes in detail forms and order of, and responsibility for, recall and post-recall disposal of unsafe foods, food additives, food processing aids, food-packaging tools and food packages and containers (below referred to as products) under the management of the Ministry of Health.
Article 2. Subjects of application
This Circular applies to Vietnamese organizations and individuals, and foreign organizations and individuals in Vietnam engaged in production and trading of products specified in Article 1 of this Circular, competent agencies in charge of food safety, and other organizations and individuals involved in food safety-related activities in Vietnam.
FORMS AND ORDER OF RECALL
Article 3.Forms of recall
1. Voluntary recall means the recall of products willingly carried out by organizations and individuals that register for the product declaration or product self-declaration (below referred to as product owners) when detecting by themselves or receiving information about unsafe products they produce or trade, which do not fall into the cases specified in Clause 2 of this Article.
2. Compulsory recall means the recall of unsafe products by product owners under decisions of the following competent state agencies:
a/ Agencies receiving product self-declaration dossiers or issuing receipts of the registration of the product declaration as prescribed in Decree No. 15/2018/ND-CP of February 2, 2018, detailing a number of articles of the Law on Food Safety (below referred to as competent agencies in charge of food safety);