Nowadays, the issue of food hygiene and safety is the top concern of everyone. There are many cases of food poisoning whose consequences are extremely large. Therefore, people when using food are always interested in the quality of the goods as well as the reputation of the store where they buy it. Store owners often create a reputation for themselves by “giving” “evidence” to prove that their establishments produce and trade food to ensure food hygiene and safety. And one of the “proofs” that these people often give is the Certificate of Eligibility for Food Safety. So when do these establishments have to have a Certificate of Eligibility for Food Safety? Let’s find out with Lawyer X!
- Food Safety Law 2010.
- Decree 15/2018/ND-CP dated February 2, 2018 of the Government detailing the implementation of a number of articles of the Law on Food Safety.
What is food safety?
Food safety is the assurance that food does not cause harm to human health and life.
Ensuring food safety is ensuring that food is safe for human health and life.
Thus, it can be seen the importance of ensuring food safety for people. Therefore, the law stipulates that the following acts will be prohibited:
- Using non-food grade ingredients to process food.
- Using food materials that have expired, are of unknown origin, or fail to ensure safety for food production and processing.
- Using food additives, food processing aids beyond the expiry date, outside the list of permitted use or in the list of permitted use but exceeding the allowable limit; using chemicals of unknown origin, chemicals banned from use in food production and trading activities.
- Using animals that have died from diseases, epidemics or died of unknown causes, destroyed for food production and trading.
- Production and trading:
a) Food that violates the law on goods labels;
b) Food does not conform to relevant technical regulations;
c) Food is denatured;
d) Food containing toxic substances or contaminated with toxic substances or pollutant agents exceeding the permissible limit;
e) Food has unsafe packaging or containers or is broken, torn or deformed during transportation, causing food contamination;
f) Meat or products made from meat have not undergone veterinary inspection or have passed inspection but do not meet the requirements;
g) Food that is not allowed to be produced or traded for disease prevention and control;
h) The food has not yet been registered with the regulation conformity announcement at the competent state agency in case such food is subject to the registration of the announcement of regulation conformity;
i) Food of unknown origin, origin or expiry date.
- Using vehicles contaminating food, vehicles transporting toxic substances that have not been cleaned to transport food materials or food.
- Providing false or forged food test results.
- Concealing, falsifying, erasing the scene, evidence of food safety incidents or other intentional acts that hinder the detection and remedy of food safety incidents.
- Persons with infectious diseases engaged in food production and trading.
- Producing and trading food at establishments that do not have a certificate of satisfaction of food safety conditions as prescribed by law.
- Food advertising that is untrue, causing confusion for consumers.
- Posting or disclosing false information on food safety, causing irritation to society or damage to production and business.
- Illegally using roadbeds, sidewalks, corridors, common yards, common walkways, common auxiliary areas for processing, production and trading of street food.
When is a certificate of facility qualified for food safety required?
Clause 1, Article 11 of Decree 15/2018/ND-CP stipulates: “Food production and trading establishments must have a Certificate of eligibility for food safety when operating, except for the case specified in Clause 1 of this Article. Clause 1, Article 12 of this Decree”.
Thus, it can be seen that, for all food production and trading establishments, when operating, they must have a Certificate of eligibility for food safety. Except for some food production and trading establishments that fall into one of the following cases:
Small initial production
Food production and trading without a fixed location
Retail food business
Trading in prepackaged foods
Producing and trading in tools, packaging materials and food containers
Restaurant in the hotel
The collective kitchen does not have a registered food business
Street food business
The establishment has been granted the Certificates: Good Manufacturing Practice (GMP), Hazard Analysis and Critical Control Point (HACCP) System, ISO 22000 Food Safety Management System, Standard International Food Safety System (IFS), Global Standard for Food Safety (BRC), Food Safety System Certification (FSSC 22000) or its equivalent.
Although, they do not have to apply for a certificate of eligibility for food safety, but the above establishments still have to comply with the requirements of the corresponding food safety assurance conditions.
Procedures for granting a certificate of establishment meeting all food safety conditions
The order and procedures for applying for a Certificate of establishment meeting food safety conditions are specified in Article 36 of the Law on Food Safety 2010. Accordingly, the application for a Certificate of establishment meeting food safety conditions. is performed according to the following steps:
Step 1: Submit an application for a Certificate of food safety eligibility
An application file for a Certificate of food safety eligibility includes:
An application form for a Certificate of eligibility for food safety;
Copy of Business Registration Certificate;
An explanation of the facilities, equipment and tools to ensure food hygiene and safety conditions as prescribed by the competent state management agency;
Certificate of full health of the establishment owner and the person directly producing and trading food, issued by a district-level or higher-level medical facility;
Certificate of training in knowledge of food safety and hygiene of the establishment owner and of the person directly producing and trading food.
Organizations and individuals that produce and trade in food shall submit an application for a Certificate of eligibility for food safety to a competent state agency.
Step 2: Inspect, accept and issue the Certificate of food safety eligibility.
Competent state agencies examine the application for the Certificate of food safety eligibility.
In case the dossier is invalid, the competent state agency shall request and guide organizations and individuals producing and trading in food to amend and supplement the dossier.
In case the dossier is valid, within 15 days from the date of receipt of a complete and valid dossier, the competent state agency shall conduct a physical inspection of food safety assurance conditions at the production and business establishments. food:
If all conditions are met, a Certificate of eligibility for food safety must be issued.
If they refuse, they must answer in basic terms and clearly state the reason.
Step 3: Organizations and individuals producing and trading food receive results
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Frequently asked questions
The certificate of the establishment meeting all food safety conditions is valid for a period of 03 years.
6 months before the expiry of the Certificate of eligibility for food safety, the organization or individual that produces and trades in food must submit an application for re-issuance of the Certificate in case of continuing to produce food. business. Dossier, order and procedures for re-issuance shall comply with the provisions of Article 36 of the Law on Food Safety 2010.
Submit an application for a Certificate of eligibility for food safety to a competent state agency specifying:
– Sub-departments of food safety and hygiene of provinces and centrally run cities are responsible for granting certificates to the following establishments:
Food service establishments that are granted business registration certificates by the Services of Planning and Investment and the Services of Planning and Investment of the provinces and centrally-run cities;
Food service establishments that are granted business registration certificates by the People’s Committees (or competent agencies) of districts, towns and provincial cities with business registration certificates with a business scale of 200 meals or more. /time or more service.
– The People’s Committee (or competent authority) of the district, town and city directly under the province shall grant a Certificate to a food service business establishment issued by the People’s Committee (or competent authority). ) districts, towns and provincial cities granting business registration certificates with a business scale of less than 200 meals/service.