Circular 25/2019/TT-BYT tracing origin of food products managed by Ministry of Health

CIRCULAR

On tracing origin of food products managed by the Ministry of Health^[1]

Pursuant to June 17, 2010 Law No. 55/2010/QH12 on Food Safety;

Pursuant to the Government’s Decree No. 15/2018/ND-CP of February 2, 2018, detailing a number of articles of the Law 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 Vietnam Food Administration,

The Minster of Health promulgates the Circular on tracing origin of food products managed by the Ministry of Health,

Article 1.Scope of regulation

This Circular prescribes principles, cases of origin tracing and responsibilities for tracing origin of food, micronutrients added to food, food additives, flavoring, food processing aids, containers and primary packages of food managed by the Ministry of Health (below referred to as food products) prescribed in Appendix II to the Government’s Decree No. 15/2018/ND-CP of February 2, 2018.

Article 2.Subjects of application

This Circular applies to organizations and individuals engaged in manufacture of and trading in food products mentioned in Article 1 of this Circular (below referred to as establishments); and other agencies, organizations and individuals involved in the assurance of food safety under the Ministry of Health’s management in Vietnam.

Article 3.Principles of tracing origin of food products

1. Origin of food products shall be traced on the “one step forward, one step back” principle, ensuring monitoring and identification of previous manufacturing stages and subsequent manufacturing stages in manufacturing establishments; and previous manufacturing and trading establishments and subsequent manufacturing and trading establishments that have manufactured or traded in food products.

2. Origin of food products shall be traced by manufacturing lot for food products that need tracing.

3. Upon tracing origin of unsafe food products, food product manufacturing or trading establishments shall use information extracted from food product tracing data systems developed by establishments under Articles 4 and 5 of this Circular and other relevant information sources.

Article 4.Requirements on information of food product tracing data systems of establishments manufacturing food products

When developing a food product tracing data system, a food-manufacturing establishment shall record, store and ensure readiness for extraction of, and reporting on, the following information:

1. Information on the manufacturing lot of food product:

a/ Name of the food product;

b/ Number of the manufacturing lot of the food product;

c/ Quantity of products in the manufactured food product lot;

d/ Date of manufacturing the food product lot;

dd/ Expiry date of the food product subject to mandatory indication of expiry date;

e/ Food product identification code (if any);

g/ Materials, additives and processing aids of the food product lot: name of the food product, information on product origin as prescribed for domestically manufactured products, or information on goods origin as prescribed for the imported products;

h/ Packages, containers and primary packages of food used for packaging the food product lot: name and information on origin of the food product as prescribed for domestically manufactured products or information on goods origin as prescribed for imported products.

2. Quantity of products of the manufacturing lot ex-warehoused or left in stock in the manufacturing establishment.

3. List of names and addresses of customers and food product distribution agents (if any); quantity of products of the manufacturing as input, output and inventory.

Article 5. Requirements on information of food product tracing data systems of food product trading establishments

When developing a food product tracing data system, a food product trading establishment shall record, store, and ensure readiness for extraction of, and reporting on, the following information:

1. Name and address of the establishment providing food products to the trading establishment.

2. Type and quantity of products in food product lots as input, output and inventory of the trading establishment.

3. List of names and addresses of customers and food product distribution agents (if any); quantity of products of manufacturing lots as input, output and inventory.

Article 6.Cases of tracing origin of unsafe food products

1. Food product manufacturing or trading establishments shall trace origin of unsafe food products as soon as detecting or receiving warnings about such products.

2. Food product manufacturing or trading establishments shall trace origin of unsafe food products when so requested by competent agencies.

Article 7.Responsibilities of food product manufacturing and trading establishments

1. To develop food product tracing data systems, store sufficient information about food product lots, product origin, safety, materials and process of manufacturing, processing and preservation of and trading in food products under Articles 4 and 5 of this Circular.

2. To archive and maintain their food product tracing data systems for at least 12 (twelve) months from the expiry date of every product lot, or 24 months from the manufacturing date of every product lot, for containers and primary packages of food and food products for which the indication of expiry date is not required.

3. To trace origin of food products under Article 6 of this Circular and send written reports on results of food product origin tracing to competent agencies within 5 (five) working days after detecting or receiving warnings from organizations or individuals or requests for tracing of competent agencies. Such a report must have sufficient information prescribed in Articles 4 and 5 of this Circular.

4. To analyze and identify reasons for food product lots subject to origin tracing to become unsafe. Unsafe food products shall be recalled and disposed of in accordance with law.

5. To apply food product tracing data systems based on product identification codes at the request of competent agencies.

Article 8.Effect

This Circular takes effect on October 16, 2019.

Article 9. Implementation responsibility

1. The Vietnam Food Administration (the Ministry of Health) shall organize, guide and inspect the implementation of this Circular nationwide.

2. Provincial-level Departments of Health and competent agencies in charge of food safety of provinces and centrally run cities shall organize, guide and inspect the implementation of this Circular in their localities according to their delegated powers for management.

3. The Director of the Vietnam Food Administration , Chief of the Office, Chief of the Inspectorate, directors, and directors general of departments, agencies and general departments of the Ministry of Health, and related agencies, organizations and individuals shall implement this Circular.

Any problems arising in the course of implementation of this Circular should be promptly reported to the Ministry of Health (Vietnam Food Administration) for guidance and settlement.-

For the Minister of Health
Deputy Minister
TRUONG QUOC CUONG