Chương III Thông tư 23/2018/TT-BYT: Xử lý sau thu hồi

Chapter III

DISPOSAL OF RECALLED PRODUCTS

Article 7. Measures for disposing of recalled products

1. Products recalled shall be disposed of as follows:

a) Correction of label error: the product label is yet to be compliant with regulations on labeling or is unconformable with the label description included in the self-declaration documents or the application for registration of the declaration of product;

b) Repurposing: the disqualified product may threaten consumer health, is not conformable with foods purposes but may be used to serve other purposes;

c) Re-exporting: the imported products have quality or safety indicators unconformable with the self-declaration documents of the application for registration of the declaration of products or threaten the consumer health;

d) Destruction: the products have quality or safety indicators unconformable with the self-declaration documents of the application for registration of the declaration of products, threaten the consumer health, and cannot be repurposed or re-exported as regulated in Point b or Point c Clause 1 of this Article and in other necessary cases as prescribed in Article 6 hereof.

2. If products are recalled in accordance with provisions in Article 4 hereof, the product owner shall himself/herself select an appropriate measure for disposing of recalled products in accordance with regulations in Clause 1 hereof.

3. If products are recalled in accordance with provisions in Article 5 hereof, within 03 working days from the receipt of the report on the recall of disqualified products, the competent authority issuing the recall decision must give a written approval for the measure for disposing of recalled products proposed by the product owner. If the competent authority disagrees with the measures for disposing of recalled products proposed by the product owner, it must give a written response indicating reasons thereof and an appropriate measure for disposing of recalled products to the product owner.

Article 8. Reporting on recall of products

1. The product owner must complete the disposal of products recalled according to a mandatory recall decision issued by a competent authority within 03 months from the receipt of the competent authority's written approval for its measure for disposing of recalled products.

2. Correction of label error:

a) Voluntary recall: Upon the completion of the correction of label error, the product owner must give a written notification, which specifies name, quantity and sample of product with correct label, to the food safety authority. After giving a written notification, the product owner may continue selling products;

b) Mandatory recall: Upon the completion of the correction of label error, the product owner must give a written notification, which specifies name, quantity and sample of product with correct label, to the authority issuing the recall decision. Within 03 working days from the receipt of the notification from the product owner, the authority issuing the recall decision shall give a written approval for the sale of products or written reasons for disapproval for the sale of products. Upon the receipt of the written approval for the sale of products after the correction of product label from the authority issuing the recall decision, the product owner must give written notification of such written approval to the food safety authority. Products may be sold only after the product owner obtains a written approval from the authority issuing the recall decision.

3. Repurposing:

Within 05 working days from the completion of the repurposing of products, the product owner must submit a report on the repurposing of products, which indicates name, quantity, time, new purposes, contract and invoice proving transactions between the product owner and the product buyer, to the food safety authority or the authority issuing the recall decision. The buyer may only use disqualified products for the purposes defined in the contract signed with the product owner after submitting a report to the food safety authority.

4. Re-exporting:

Within 05 working days from the completion of the re-exporting of products, the product owner must submit a written report on re-exporting results, which indicates the name, quantity, country of origin, re-exporting time, and is accompanied by re-exporting documents, to the food safety authority and the authority issuing the recall decision.

5. Destruction:

Within 05 working days from the completion of the destruction of recalled products, the product owner must submit a written report on destruction results, which indicates the name, quantity, time and location of destruction, and is accompanied with the written record of the destruction of products certified by the authority in charge of organizing that destruction, to the food safety authority or the authority issuing the recall decision.