Decree 15/2018 / ND-CP replacing Decree No. 38/2012 / ND-CP guiding some articles of the Law on Food Safety issued by the Government effective from February 2, 2018, the management Food safety management (FHS) will have many changes, facilitating businesses (businesses).
Decree No. 15/2018 / ND-CP is built in the direction of drastically reducing the procedures for specialized registration, publication and inspection of food, moving from pre-check to post-check. The adjustment to create a clear corridor and the most favorable conditions for businesses but still on the basis of ensuring people’s health is the first task. The Decree has some new points compared to the previous Decree such as:
The first new point in the Decree according to the leadership of the Food Safety Department is that enterprises are self-proclaiming their products and are responsible before the law for such announcement, instead of sending the public documents to the agencies. countries to confirm, except for a few products must be announced at the Ministry of Health and the Department of Health. Specifically, health protection foods, new mixed-use food additives will register the publication at the Department of Food Safety, Ministry of Health; Nutrition products for children up to 36 months old, enterprises register for publication at the local Health Department. The remaining products are self-announced according to the instructions.
Based on the announcement of the enterprise, the state management agency will strengthen post-inspection, inspection and sanction if detecting violations, which will expand the scope and raise the sanctioning level according to law provisions. In particular, there are some items that will be exempt from publication.
The next new point of the Decree is to change regulations on production and business conditions to ensure food safety and approach global management methods. That is to expand the number of enterprises that do not need to have certificates of food safety conditions as well as expand the objects, the establishments are exempted from certificates of eligibility for food safety. Accordingly, the original small production facilities, the preliminary processing facilities, restaurants, food shops, … will not have to apply for a certificate of facility that meets food safety conditions but is entitled to self-proclaimed and responsible.
This decree also specifies foods that must be registered with contents before being advertised as health protection food, medicine for nutritional food, food for special diets; Nutritional products used for children up to 36 months of age are not excluded from advertising as stipulated in Article 7 of the Advertising Law.
Regarding the assignment of responsibility for state management of food safety, the Decree has clearly assigned the management responsibilities of 3 ministries, including Health, Industry and Trade, Agriculture and Rural Development in the direction of the ministries managing groups. industry from beginning to end. Particularly for some enterprises that produce many kinds of interfering food products under the management of two or more sets, the large output products fall under the management authority of which agency, which will manage
