Decision No. 46/2007/QD-BYT dated December 19, 2007 of the Ministry of Health on promulgation regulation of maximum level of biological and chemical pollution in food

DECISION

ON PROMULGATION “REGULATION OF MAXIMUM LEVEL OF BIOLOGICAL AND CHEMICAL POLLUTION IN FOOD”

THE MINISTER OF HEALTH

Pursuant to the Decree No.49/2003/ND-CP of May 15, 2003 of the Government stipulating the functions, tasks, powers and organizational structure of the Ministry of Health;

Pursuant to the July 26, 2003 Ordinance No. 12/2003/PL-UBTVQH11 of The Standing Committee of National Assembly, on food hygiene and safety;

Pursuant to the Government’s Decree No.163/2004/ND-CP of September 7, 2004 detailing the implementation of a number of articles of the Ordinance on food hygiene and safety;

At the proposal of the director of the Food Safety and Hygiene Department, the director of the Legal Department under the Ministry of Health,

DECIDES:

Article 1.To promulgate together with this Decision “the Regulation of maximum level of biological and chemical pollution in food”.

Article 2.This Decision takes effect after 15 days from the day of its publication in the Official Gazette.

To Annul the April 04, 1998 Decision No. 867/1998/QD-BYT of the Minister of Health on promulgation “the List of Food Hygiene Standards”. In case the similar national technical standards be promulgated, the maximum level of micro-organisms and residue of pollution substance in food be implemented according to that technical standard.

Article 3.Mr (Mrs): Chief of Office, Chief of Health Inspectorate, Directors of Departments: Science and Education, Legislation under the Ministry of Health, directors of the Food Safety and Hygiene Department, directors of provincial/municipal Health Services, heads of units under the Ministry of Health, and heads of health agencies of branches shall implement this Decision.

REGULATION

MAXIMUM LEVEL OF BIOLOGICAL AND CHEMICAL POLLUTION IN FOOD(Promulgated together with the December 19, 2007 Decision No.46/2007/QD-BYT of the Health Minister)

TABLE OF CONTENTS

Part 1. General provisions

Part 2. Maximum level of veterinary medicine residue in food

Part 3. Maximum limit of bacterial and mildew toxin in food

Part 4. Regulation of hygienic safety for wrapping, tools containing food

Part 5. Maximum limit of metal in food

Part 6. Limit of micro-organisms in food

Part 7. The list of processing-aid substances permitted to use in manufacturing and processing food

Part 8. Maximum limit of plant protection drug residue in food

Appendix. Reference instructions

Part1.

GENERAL PROVISIONS

1.Scope of application

This Regulation provides maximum level of biological and chemical pollution in food and list of processing-aid substances permitted to use in manufacturing, processing food.

2.Objects of application

This Regulation applies to organizes, individuals manufacturing, processing and doing business of food in Vietnam.

3.Abbreviations

- ADI(AcceptableDailyIntake)

- GAP(GoodAgriculturingPractice)

- GMP (GoodManufacturingPractice)

-ML (MaximumLevel)

-MRL (MaximumResidueLevel)

- UHT(Ultra Heat Treated)

-MPN(MostProbableNumberMethod)

-B. cereus:Bacilluscereus

-Cl.botulinums:Clostridiumbotulinums

-Cl. perfringens:Clostridiumperfringens

-E.coli:Escherichiacoli

-P.aeruginosa:Pseudomonasaeruginosa

-S. aureus:Staphylococcusaureus

-TSVSVHK: Total aerobic plate counts

-V.Parahaemolyticus:Vibrioparahaemolyticus

-TSBTNM-M:Total of mould and yeast count

-dm:decimet

-kg: kilogram

-l:liter

-v/v: unit to count volume on volume

-mg:miligram

-ml:mililiter

-mm:milimeter

-mg:microgram

4. Interpretation of terms

In this Regulation, the following termsare construed as follows:

4.1.Veterinary medicineis substance or compound originating from animals, plants, micro-organisms , minerals, chemicals used in prophylaxis, diagnosis, treatment or rehabilitation, adjustment, improvement of functions of animal body, including pharmaceutical products, chemicals, vaccines, hormones, some of other biological products and micro-organisms using in veterinary.

4.2.Plant protection drugis products originating from chemicals, plants, animals, micro-organisms and other products used to prevent and exterminate organisms that cause harm to plant resources.

4.3.Food processing-aid substanceis substance used in processing of food material or food ingredient in order to complete the technology of food processing and handling.

4.4.AcceptableDailyIntake(ADI)is quantity of a kind of substance go into body daily without causing harmful effect to human health (unit: mg/kg weight).

4.5.Maximum residue level(MRL) of veterinary medicineis maximum level of a kind of veterinary medicine after using, remaining in food and counted by microgram of veterinary medicine per one kilogram of solid food or one liter of liquid food.

4.6.Maximum residue level (MRL) of plant protection drugis maximum quantity of plant protection drug accepted to exist in agricultural product, food without causing harm to human. MRL is shown by milligram of plant protection drug per one kilogram of food.

4.7.Maximum level (ML)is limit of a specific polluted or natural poisonous substance permitted to be in food counting by milligram of polluted or natural poisonous substance per one kilogram of food (mg/kg).

4.8.Non-heat treated processed meatis product to be processed from meat under technology process without going through heat treament stage that the temperature of the product center is under 70^oC and not neccesary for heating before eating.

4.9.Heat-treated processed meatis product processed from meat under technology process with heat treament stage which ensure that the temperature of the product center is over 70^oC and not neccesary for heating before eating.

4.10.Functional foodis food used to assist function of parts in human body, with nutrition effect, make body comfortable, reinforce resistance and reduce risk of disease.

4.11.Tool to contain foodis tool used with the purposes to prepare, cook, serve meal and preserve food or drinks.

4.12.Tool to cookis tool used to heat in processing food and drinks by method of normal heating or microwave.

4.13.Tool made of potteryis tool used to contain food include tools made of porcelain, terra-cotta.

4.14.Tool for containing with shallow and flat bowelis tool made of pottery or glass with the depth inside not more than 25mm be measured from the deepest dot to horizontal surface go pass overflow point.

4.15.Tool for containing made of pottery with deep bowelis tool made of pottery with the depth inside more than 25mm be measured from the deepest dot to horizontal surface go pass overflow point. Tool for containing with deep bowel is divided into groups:

- Small size: have capacity less than 1.1 liter;

- Big size: have capacity from 1.1 liter to 3 liter;

- Using for preserving: have capacitymore than 3 liter;

- Tumbler, bowl: tool made of pottery,has small size with deep bowel (have capacity about 240 ml) usually used for containing drinks such as coffee, tea at high temperature.

4.16.Tool for containing made of glass with deep bowelis tool made of glass with the depth inside more than 25mm be measured from the deepest dot to horizontal surface go pass overflow point. Tool for containing with deep bowel is divided into groups:

- Small size: have capacity less than 600 ml;

- Big size: have capacity from 600 ml to 3 liter;

- Using for preserving: have capacity more than 3 liter.

5. Inspection, supplement

Yearly, The Ministry of Health organizes the consideration of maximum level of micro-organisms and polluted substance residue in food on the basis of ensuring consumer’s health, conforming with regulation of nations in the world and Codex.

* Note: All parts of this Regulation, except Part 1, are not printed herein.-

REFERENCE INSTRUCTION

Part 1

LIST FOR REFERENCE ON VETERINARY MEDICINES IN FOOD

Part 2

LIST FOR REFERENCE ON METALS IN FOOD

Part 3

LIST FOR REFERENCE ON LIMIT OF MICROORGANISMS IN FOOD

Part 4

LIST FOR REFERENCE ONSUBSTANCES SUPPORT PROCESSING ALLOWED TO USE IN FOOD

Part 5

LIST FOR REFERENCE ONPLANT PROTECTION DRUGS

Part 6

LIST FOR REFERENCE ON FOOD GROUP IN REGULATION ON MAXIMUM LIMIT OFPLANT PROTECTION DRUGS