Chapter 1
GENERAL PROVISIONS
Article 1. Scope of regulation
This Law provides for rights and obligations of organizations and individuals in assuring food safety: conditions for assuring safety of foods and food production, trading, import and export; food advertisement and labeling; food testing; food safety risk analysis: prevention, stopping and remedying of food safety incidents; food safety information, education and communication; and responsibilities for state management of food safety.
Article 2. Interpretation of terms
In this Law. the terms below are construed as follows:
1. Food safety means the assurance that food does not cause harm to human health and life.
2. Food-borne disease means a disease caused by eating or drinking a food contaminated with pathogens.
3. Food processing aid means a substance which is intentionally used in the processing of food materials or food ingredients in order to achieve a technological purpose and can be removed from or remains in foods.
4. Food processing means a process of preparing preliminarily processed food or fresh and raw food by an industrial or manual method to create food materials or food products.
5. Catering service establishment means a food-preparing facility, such as shop or stall trading in ready-to-eat food and cooked food restaurant, facility preparing ready-to-eat food portions, canteen or collective kitchen.
6. Conditions for food safety assurance means technical regulations and other regulations applicable to food, food producers and traders and food production and trading activities promulgated by competent state agencies for the purpose of assuring food safety for human health and life.
7. Food testing means the conduct of one or several tests and assessments of the conformity with relevant technical regulations and standards of food, food additives, food processing aids, food fortifiers, packages, tools and food containers.
8. Food trading means the conduct of one, several or all activities of food display, preservation service, transportation service or trading.
8. Food product lot means a specified quantity of a type of products bearing the same name, of the same quality, ingredients and shelf life, and produced by the same producer.
10. Food poisoning means a pathological state caused by absorbing contaminated or poisonous food.
11. Food contamination risk means the possibility that contaminants infiltrate into a food in the course of production or trading.
12. Food contamination means the presence of contaminants in food which are harmful to human health or life.
13. Food additive means a substance with or without nutritious value, which is intentionally added to food in the process of production in order to retain or improve particular characteristics of food.
14. Food production means the conduct of one. several or all activities of cultivation rearing, harvest, fishing, exploitation, preliminary processing, processing, packaging and preservation in order to make food.
15. Primary production means the conduct of one, several or all activities of cultivation, rearing, harvest, fishing and exploitation.
16. Preliminary processing of food means the treatment of cultivated, reared, collected, harvested, fished or exploited products in order to make ready-to-eat fresh and raw food or a food material or semi-finished products for the food processing stage.
17. Food safety incident means a circumstance occurring due to food poisoning, a food-borne disease or another food-induced circumstance which is directly harmful to human health or life.
18. Contaminant means an element which is unwanted and unintentionally added to food and likely to adversely affect food safety.
19. Shelf life means the period before the end of which a food still retains its nutritious value and remains safe under the preservation conditions indicated on its label under the producer's guidance.
20. Food means a product eaten or drunk by humans in fresh and raw, preliminarily processed, processed or preserved form. Food excludes cosmetics, cigarettes and substances used as pharmaceuticals.
21. Fresh and raw food means unprocessed food, including fresh meat, eggs, fish, aquatic products, vegetables, tubers and fruits and other unprocessed foods.
22. Micronutrient-fortified food means food supplemented with vitamins, minerals and trace elements in order to prevent or remedy the harm caused by the deficiency of these substances or elements to the health of the community or a particular group in the community.
23. Functional food means a food used to support a function of the human body, relax the body, boost the immunity against diseases, including supplements, health protection food and medical nutritious food.
24. Genetically modified food means a food containing one or several ingredients which have been genetically engineered.
25. Irradiated food means a food which has been irradiated by a radioactive source to treat the food, preventing it from degeneration.
26. Street food means a food processed for instant consumption and sold by vendors on streets or in public or similar places.
27. Prepackaged food means a food completely packaged and labeled, ready for sale for further processing or instant consumption.
28. Tracing of food origin means the tracking down of the creation and circulation of food.
Article 3. Principles of food safety management
1. To assure food safety is the responsibility of all food producers and traders.
2. Food production and trading are conditional activities; and food producers and traders shall bear responsibility for the safety of food they produce or trade in.
3. Food safety management must be based on relevant technical regulations and regulations promulgated by competent state management agencies and applicable standards announced by producers.
4. Food safety management must be conducted throughout the course of food production and trading on the basis of food safety risk analysis.
5. Food safety management must ensure a clear division of responsibilities and powers and inter-sector coordination.
6. Food safety management must meet requirements of socio-economic development.
Article 4. State policies on food safety
1. To elaborate strategies and master plans on food safety assurance, regarding the planning of zones for safe food production according to the food supply chain as a priority key task.
2. To use state resources and other resources to invest in scientific research and technological application to serve food safety risk analysis; to build new laboratories and upgrade some existing ones up to regional or international standards; to raise the capacity of existing analysis laboratories; to support investment in building zones producing safe food materials, wholesale markets for farm produce and food, and industrial-scale cattle and poultry slaughterhouses.
3. To encourage food producers and traders to renew technologies and expand their production: to produce high-quality and safe food; to fortify food with essential micronutrients: to build their brands and develop their safe food supply systems.
4. To establish a legal framework and realize a roadmap for compulsory application of good manufacturing practices (GMP), good agricultural practices (GAP), good hygiene practices (GHP) and hazard analysis and critical control points (HACCP) and other advanced food safety management systems in food production and trading.
5. To undertake international cooperation, step up the conclusion of treaties and international agreements on accreditation and mutual recognition in the field of food.
6. To promptly commend and reward organizations and individuals that produce or trade in safe foods.
7. To encourage and create conditions for domestic societies, associations, organizations and individuals and foreign organizations and individuals to invest or participate in the elaboration of standards, technical regulations and testing of food safety.
8. To increase investment in and diversify forms and methods of public information and education to raise public awareness about the consumption of safe food, sense of responsibility and business ethics of food producers and traders towards the community.
Article 5. Prohibited acts
1. Using for food processing purposes materials other than those permitted for use in food.
2. Using food materials which have passed their shelf life, arc of unclear origin or unsafe for food production and processing.
3. Using food additives or food processing aids which have passed their shelf life or are outside the list of those permitted for use or using permitted additives or food processing aids in excess of allowable dosages: using chemicals of unclear origins or banned chemicals in food production or trading.
4. Using animals which died of diseases, epidemics or unidentified causes or animal carcasses subject to destruction for food production or trading.
5. Producing or trading in:
a/ Food breaching regulations on goods labeling;
b/ Food unconformable with relevant technical regulations:
c/ Degenerated food;
d/ Food containing toxic or hazardous substances or contaminated with toxins or contaminants in excess of allowable limits;
e/ Food which is contaminated for the reason that their packages or containers are unsafe, broken, torn or deformed in the course of transportation;
f/ Meat or meat products which have not yet gone through veterinary inspection or have gone through veterinary inspection but fail to meet requirements;
g/ Food banned from production or trading for the purpose of epidemic prevention and combat;
h/ Food for which regulation conformity declarations have not yet been registered with competent state agencies in case such food subject to regulation conformity declaration registration;
i/ Food which is of unclear origin or has passed its shelf life.
6. Using vehicles which can cause food contamination or vehicles which have transported toxic or hazardous substances but not yet been cleaned up for transporting food materials or foods.
7. Supplying untruthful or forging food testing results.
8. Covering up. falsifying or obliterating scenes or evidence of food safety incidents or committing other acts of intentionally obstructing the detection and remedy of food safety incidents.
9. Employing persons infected with contagious diseases in food production or trading.
10. Producing or trading in food at establishments without certificates of satisfaction of food safety conditions prescribed by law.
11. Advertising food untruthfully or confusingly to consumers.
12. Publishing or publicly notifying misleading information on food safety, thus causing public disparagement or damage to food production and trading.
13. Using illegally roadbeds, pavements. corridors or common yards, passageways and auxiliary spaces for street food processing, producing or trading.
Article 6. Handling of violations of the law on food safety
1. Food producers and traders that violate the law on food safely shall, depending on the nature and severity of their violations, be administratively handled or examined for penal liability. If causing damage, they shall pay compensations and remedy consequences under law.
2. Persons who abuse their positions and powers to violate this Law or other regulations on food safety shall, depending on the nature and severity of their violations, be disciplined or examined for penal liability. If causing damage, they shall pay compensations under law.
3. Fines for administrative violations specified in Clause 1 of this Article comply with the law on handling of administrative violations In case the highest fine prescribed by the law on handling of administrative violations is lower than 7 times the value of the violating food, a higher fine not exceeding 7 times the value of the violating food may be imposed. Money amounts earned from violations shall be confiscated under law.
4. The Government shall specify administrative violations in the field of food safely mentioned in this Article, and forms and levels of sanctioning of these violations.
Tìm kiếm
Luật an toàn thực phẩm 2010 (Bản Word)