Chương I Thông tư 17/2016/TT-BYT: Quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Circular prescribes the order of, and responsibility for, recall and post-recall disposal of unsafe foods, food additives, food processing aids, food-packaging tools and food packages and containers (below referred to as products) under the management of the Ministry of Health.

2. The recall and disposal of foods that may seriously affect community well-being or in other emergency cases, which are directly carried out by competent state agencies, comply with Section d, Clause 5, Article 55 of the Law on Food Safety.

Article 2. Forms of, and competence for, product recall

1. Forms of product recall:

a/ Voluntary recall means the recall of products willingly carried out by organizations and individuals engaged in food production and trading under Clause 6, Article 3 of the Law on Quality of Products and Goods (below referred to as product owners);

b/ Compulsory recall means the recall of products carried out under decisions of competent state agencies under Clause 2 of this Article.

2. State agencies competent to order compulsory recall are:

a/ Agencies issuing receipts of written announcements of regulation conformity or certificates of announcement of conformity with food safety regulations; and agencies assigned to manage food safety as defined in the Law on Food Safety and the Government’s Decree No. 38/2012/ND-CP of April 25, 2012, detailing a number of articles of the Law on Food Safety (below referred to as state agencies in charge of food safety);

b/ State agencies competent to recall products defined in the Government’s Decree No. 178/2013/ND-CP of November 14, 2013, on sanctioning of administrative violations in the field of food safety and functional agencies issuing decisions on product recall in accordance with law.