Chapter IV
IMPLEMENTATION
Article 15. Responsibilities of specialized General Departments, Departments
Within the scope of management according to their functions and assigned duties, specialized General Departments, Departments shall take charge and cooperate with related agencies in performing the following tasks:
1. Inspect the performance of origin tracing, recall, and handling of unsafe food of facilities under their management.
2. In case of discovery through inspection or receive warnings from the importing country or other information sources about unsafe food, notify in writing to request the production, trading facility to conduct origin tracing, recall, and handling of unsafe food. The notification document shall contain the following information:
a) Name of the facility responsible for the origin tracing, recall, and handling of food;
b) Identification information of the batch/consignment that needs to be traced (if any);
c) Cause of origin tracing, recall, and handling of food after recalls (if any);
d) Scope and time limit for origin tracing, recall of food and handling of recalled products (if any);
dd) The agency responsible for the inspection of the performance of origin tracing, recall, and handling of unsafe food.
e) A notification on the compulsory recall measures; the recall in case of a serious or emergency food safety incident; the methods for handling of unsafe food, and the report on results of handling of the recalled food in accordance with Clauses 11, 12, 13, and 14 of this Circular.
3. Request the Departments of Agriculture and Rural Development, food safety management boards of the provinces to direct the affiliated specialized agency to support or directly organize the recall, handling of unsafe food in the following cases:
a) Food that is potentially harmful to the health of the community and distributed to many localities, cities;
b) Food that is potentially harmful to consumers’ health and distributed to consumers through non-traditional food distribution channels including e-commerce sites, online trading through digital platforms; online order/delivery applications; and a facility responsible for the recall has yet to be determined or such facility is unable to promptly conduct its operation in order to prevent unsafe food risks;
c) Other emergency cases where a competent authority determines that a facility is unable to recall and handle all of the unsafe food.
4. Annually or irregularly (upon request), send a report on the inspection results of the compliance with regulations on origin tracing, recall, and handling of unsafe food of facilities under the management of the Ministry of Agriculture and Rural Development (through the National Agro-Forestry-Fisheries Quality Assurance Department); propose the responsibilities of specialized management agencies and food safety assurance measures to the Ministry of Agriculture and Rural Development.
Article 16. Responsibilities of the National Agro-Forestry-Fisheries Quality Assurance Department
1. Perform duties of advisory and general recapitulation on construction; organize the implementation of regulations of the law; recapitulate reports on origin tracing, recall, and handling of unsafe food under the management of the Ministry of Agriculture and Rural Development.
2. Within the assigned scope, take charge and cooperate with related agencies in implementing regulations prescribed in Clauses 1,2, and 3 Article 15 of this Circular. Directly organize the implementation of duties of agencies prescribed in Article 15 of this Circular if the assignment of duties is unclear or the food is related to the management functions of 2 agencies or above.
3. Annually or irregularly (upon request), send a report on the inspection results of the implementation of regulations on origin tracing, recall, and handling of unsafe food nationwide; propose the responsibilities of specialized management agencies and agro-forestry food safety measures to the Ministry of Agriculture and Rural Development.
Article 17. Responsibilities of the Departments of Agriculture and Rural Development, food safety management boards of provinces and centrally affiliated cities
1. Take charge and cooperate with related agencies in inspecting the performance of origin tracing, recall, and handling of food warned to be unsafe according to warnings of agencies prescribed in Articles 15, 16 of this Circular and other information sources.
2. Organize the recall and handling of unsafe food for cases prescribed in Clause 3 Article 15 of this Circular; request organizations or individuals that produce or trade unsafe food to pay the cost for the recall and handling of food;
3. Organize the inspection of the compliance with regulations on origin tracing, recall, and handling of unsafe food of facilities under the management of the assigned administrative divisions in accordance with the professional guidelines of related General Departments, specialized departments.
4. Annually or upon request, report the inspection results of the operations of origin tracing, recall, and handling of unsafe food under the management of the local administrative divisions.
Article 18. Responsibilities of facilities
1. Establish and maintain an origin tracing system, store information to serve origin tracing purposes in accordance with regulations prescribed in Article 5, Article 6, and establish unsafe food recall procedures in accordance with regulations prescribed in Article 8 of this Circular.
2. Organize the investigation into causes of unsafe food; establish and perform necessary measures to fix or prevent similar cases.
3. When discovering the food (traded or produced) is unsafe, or when notified in writing by agencies prescribed in Articles 15, 16, and 17 of this Circular, conduct the origin tracing, recall, and handling of unsafe food in accordance with regulations of this Circular within the time limit decided by the competent state authority. If the recall is not completed within the time limit, a coercive recall decision will be issued in accordance with the law.
4. Comply with requests of the competent authority on the origin tracing, recall, and handling of unsafe food; comply with the decision to punish financial violations (if any); handle unsafe food in accordance with regulations prescribed in Article 13; report on the handling results of food after recalls in accordance with regulations prescribed in Article 14 of this Circular.
5. Pay every cost of the recall and handling of the unsafe food they produce or trade.
6. Apply technical measures to the origin tracing system; improve the connectivity of information to serve origin tracing by related parties.
Tìm kiếm
Thông tư 17/2021/TT-BNNPTNT (Bản Pdf)
Thông tư 17/2021/TT-BNNPTNT (Bản Word)