Decree No. 09/2016/ND-CP dated January 28, 2016 of the Government providing for food fortification with micronutrients

DECREE

On fortification of food with micronutrients[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the June 17, 2010 Law on Food Safety;

At the proposal of the Minister of Health,

The Government promulgates the Decree on fortification of food with micronutrients.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree prescribes compulsorily fortified micronutrients in food, food subject to micronutrient fortification, and responsibilities of agencies, organizations and individuals for fortification of food with micronutrients.

Article 2. Subjects of application

1. This Decree applies to organizations and individuals (below referred to as establishments) that produce, trade in and import micronutrients, micronutrient-fortified food used domestically, and related agencies, organizations and individuals.

2. This Decree does not apply to exporters of micronutrient-fortified food and individual manual salt makers.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Micronutrients means vitamins, minerals or other micronutrients necessary for the growth, development and life of human body.

2. Fortification of food with micronutrients means active addition of one or more than one micronutrient to various food with a certain content needed for human body to prevent and remedy people’s deficiency of micronutrients in the community.

Article 4. Purposes of fortification of food with micronutrients

The compulsory fortification of food with micronutrients prescribed in Articles 5 and 6 of this Decree aims to:

1. Add iodine to salt as prescribed at Point a, Clause 1, Article 6 of this Decree for prevention and control of goiter, mental retardation and other disorders caused by iodine deficiency.

2. Add iron to flour as prescribed at Point b, Clause 1, Article 6 of this Decree for prevention and control of iron deficiency anemia and remediation of consequences caused by iron deficiency anemia such as slow growth, malnutrition and impairments in mental development.

3. Add zinc to flour as prescribed at Point b, Clause 1, Article 6 of this Decree for growth improvement, contributing to increase human stature; and prevention and control of metabolic disorders, cellular differentiation, infectious diseases, bone disorders and sexual dysfunction.

4. Add vitamin A to vegetable oil as prescribed at Point c, Clause 1, Article 6 of this Decree for prevention and control of dry eye and blindness and remediation of such consequences as stunted growth and malnutrition caused by vitamin A deficiency, and contribution to strengthening the immune system.

Chapter II

MICRONUTRIENTS AND FOOD SUBJECT TO MICRONUTRIENT FORTIFICATION

Article 5. Compulsorily fortified micronutrients in food

1. Compulsorily fortified micronutrients in food include iodine, iron, zinc and vitamin A.

2. The micronutrients prescribed in Clause 1 of this Article must comply with respective national technical regulations or with the law on food safety.

 Article 6. Food subject to micronutrient fortification

1. The following food shall be compulsorily fortified with respective micronutrients:

a/ Salt eaten directly or used as food seasoning  shall be added with iodine;

b/ Flour used in food processing shall be added with iron and zinc;

c/ Vegetable oil containing soybean oil, palm oil, rapeseed oil or peanut oil shall be added with vitamin A, except vegetable oil used in industrial food processing.

2. The micronutrient-fortified food prescribed in Clause 1 of this Article must comply with respective national technical regulations or with the law on food safety.

Chapter III

RESPONSIBILITIES FOR COMPULSORY FORTIFICATION OF FOOD WITH MICRONUTRIENTS

Article 7. Responsibilities of ministries

1. Responsibilities of the Ministry of Health

a/ To manage food safety in the production, trading and import of micronutrients;

b/ To develop and promulgate national technical regulations on micronutrients and micronutrient-fortified food; to issue receipts of regulation conformity statements or certificates of food safety regulation conformity for domestic and imported micronutrients and imported micronutrient-fortified food; to certify advertising contents of imported micronutrients and micronutrient-fortified food; to grant certificates of food safety eligibility to producers and traders of micronutrients;

c/ To assume the prime responsibility for organizing the implementation of the law on fortification of food with micronutrients;

d/ To organize the inspection and examination of law observance in micronutrient production and trading; to conduct irregular inspection and examination of the production, trading and import of micronutrient-fortified food under the management of other ministries in the cases prescribed in Clause 3, Article 26 of the Government’s Decree No. 38/2012/ND-CP of April 25, 2012, detailing a number of articles of the Law on Food Safety;

dd/ To organize the provision of scientific and precise information on the role and effects of micronutrient-fortified food; to provide information on, educate and disseminate policies and law on micronutrient-fortified food, and harms of micronutrient deficiency to the health of people in the community.

2. Responsibilities of the Ministry of Industry and Trade

a/ To manage food safety in the production, trading and import of micronutrient-fortified flour and vegetable oil under its management;

b/ To certify advertising contents of micronutrient-fortified flour and vegetable oil under its management; to grant certificates of food safety eligibility to producers and traders of micronutrient-fortified flour and vegetable oil;

c/ To inspect and examine law observance in the production of and trading in micronutrient-fortified flour and vegetable oil.

3. Responsibilities of the Ministry of Agriculture and Rural Development

a/ To manage food safety in the production, trading and import of micronutrient-fortified salt;

b/ To certify advertising contents of micronutrient-fortified salt under its management; to grant certificates of food safety eligibility to producers and traders of micronutrient-fortified salt;

c/ To inspect and examine law observance in the production, trading and import of micronutrient-fortified salt.

Article 8. Responsibilities of provincial-level People’s Committees

1. Provincial-level People’s Committees shall manage food safety in the production of and trading in micronutrient-fortified food in their localities and as decentralized.

2. Provincial-level Health Departments shall take responsibility before provincial-level People’s Committees for organizing the receipt of regulation conformity statements or certificates of food safety regulation conformity for micronutrient-fortified food produced in their localities.

3. Provincial-level Agriculture and Rural Development Departments and Industry and Trade Departments shall take responsibility before provincial-level People’s Committees for organizing the certification of advertising contents of micronutrient-fortified food and the grant of certificates of food safety eligibility to producers and traders of micronutrient-fortified food produced in their localities as decentralized by line ministries.

4. To inspect and examine micronutrient-fortified food and producers and traders of micronutrient-fortified food in their localities as decentralized by line ministries.

5. To organize public information, education and communication about effects of micronutrient-fortified food and harms of micronutrient deficiency for local people.

Article 9. Responsibilities of producers and traders of micronutrients and micronutrient-fortified food

1. To produce, trade in and import micronutrients and micronutrient-fortified food in accordance with this Decree and other relevant laws.

2. To take responsibility before law for micronutrient products and micronutrient-fortified food which fail to comply with respective national technical regulations or with the law on food safety.

3. Producers of micronutrient-fortified food shall themselves purchase micronutrients to produce their micronutrient-fortified food.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 10. Effect

1. This Decree takes effect on March 15, 2016.

2. The fortification of food with micronutrients must follow the roadmap below:

a/ Within 1 (one) year after the effective date of this Decree, for micronutrient-fortified food prescribed at Point a, Clause 1, Article 6 of this Decree;

b/ Within 2 (two) years after the effective date of this Decree, for micronutrient-fortified food prescribed at Points b and c, Clause 1, Article 6 of this Decree.

3. The Government’s Decree No. 163/2005/ND-CP of December 29, 2005, on production and supply of edible iodine salt for humans, ceases to be effective according to the roadmap prescribed at Point a, Clause 2 of this Article.

4. To annul provisions on food safety management of micronutrient-fortified food under Point e, Clause 2, Article 20 of the Government’s Decree No. 38/2012/ND-CP of April 25, 2012, detailing a number of articles of the Law on Food Safety, according to the roadmap prescribed in Clause 2 of this Article.

5. Micronutrient-fortified food prescribed in Article 6 of this Decree which has been produced, traded or imported before the date for implementation of the roadmap prescribed in Clause 2 of this Article may continue to be circulated according to the use duration written on their packaging.

Article 11. Implementation responsibility

1. The Minister of Health shall guide and organize the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of People’s Committees of all levels and related agencies, organizations and persons shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN TAN DUNG