Joint Circular No. 01/2006/TTLT-BYT-BNN guiding the division of responsibilities and coordination in implementing state management functions regarding food safety and hygiene

JOINT CIRCULAR

Guidelines on Allocation and Coordination in Implementing State Management Functions for Food Safety and Hygiene

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To implement Ordinance on Food Safety and Hygiene No. 12/2003/PL-UBTVQH11 dated July 26, 2003, and Decree No. 163/2004/NĐ-CP dated September 7, 2004, providing detailed regulations for certain provisions of the Ordinance on Food Safety and Hygiene, the Ministry of Health and the Ministry of Agriculture and Rural Development issue guidelines on allocation and coordination in implementing state management functions for food safety and hygiene as follows: I. GENERAL RESPONSIBILITIES IN STATE MANAGEMENT OF FOOD SAFETY AND HYGIENE

1. The Ministry of Health shall be responsible for

a) Leading and coordinating with the Ministry of Agriculture and Rural Development to develop and implement strategies, policies, and plans on food safety and hygiene that have been approved;

b) Issuing and implementing regulatory documents, standards, regulations, procedures, and norms concerning food safety and hygiene for processed foods circulating in the market;

c) Setting maximum allowable residues for harmful chemicals, food additives, and maximum microbial contamination limits for processed foods;

d) Establishing general conditions for hygiene and safety at food production, processing, and trading establishments, including facility conditions, equipment, and requirements regarding health, knowledge, and practices of hygiene and safety for food producers and traders;

đ) Organizing the implementation of certification and announcement of food safety and hygiene standards for domestically consumed products;

e) Developing and implementing plans for information dissemination, promotion, and popularization of regulatory documents and legal knowledge; conducting scientific research, technology development, human resource training and enhancement, and international cooperation on food safety and hygiene; organizing the certification of advertising content for foods;

g) Organizing the implementation of state management over food safety and hygiene for domestically produced and circulated processed foods for domestic consumption;

h) Organizing the implementation of control over microbial contamination and residual harmful chemicals (including food additives) in processed foods circulating in the market, except for fresh and minimally processed animal products.

2. The Ministry of Agriculture and Rural Development shall be responsible for

a) Providing detailed guidance on the implementation of strategies, policies, planning, and plans on food safety and hygiene within the agricultural sector;

b) Issuing and implementing regulatory documents, standards, regulations, procedures, and norms ensuring food safety and hygiene for:

- The production process from cultivation, harvesting, production, slaughtering, initial processing, preservation, transportation of agricultural food products until they enter circulation in the market;

- Fresh and minimally processed animal products circulating in the market;

- Exported and imported agricultural food products;

c) Managing food safety and hygiene for fresh and minimally processed animal products circulating in the market, as well as exported and imported products;

d) Specifying specific conditions for hygiene and safety at establishments producing and trading fresh and minimally processed animal products;

đ) Developing and implementing plans for information dissemination, promotion, and popularization of regulatory documents and legal knowledge; conducting scientific research, technology development, human resource training and enhancement, and international cooperation on food safety and hygiene for animal-origin foods;

e) Organizing the implementation of control over microbial contamination and residual harmful chemicals in foods as specified in point b, c, Clause 2, Section 1 of this Circular.

II. RESPONSIBILITIES IN PREVENTION AND REMEDY OF FOOD POISONING AND FOOD-BORNE DISEASES

a) Developing and implementing plans for prevention and remedy of food poisoning; investigating and determining the source, meal, and food causing the poisoning, and the root cause;

a) Leading and coordinating with the Ministry of Agriculture and Rural Development to develop and implement strategies, policies, and plans on food safety and hygiene that have been approved;

b) Implementing measures to prevent and remedy food poisoning and food-borne diseases;

c) Directing the handling and treatment of food poisoning and food-borne disease outbreaks;

d) Guiding and directing the implementation of food contamination risk analysis; conducting surveys and storing data on prevention and remedy of food poisoning and food-borne diseases;

đ) Announcing potential disease risks that can be transmitted through food;

e) Guiding and directing the implementation of public awareness campaigns and dissemination of knowledge and practices to prevent food poisoning for producers, traders, and consumers;

g) Establishing reporting procedures for prevention and remedy of food poisoning and food-borne diseases.

a) Developing and implementing plans for public awareness campaigns and dissemination of knowledge and practices to prevent food poisoning for producers and traders of fresh and minimally processed foods;

a) Providing detailed guidance on the implementation of strategies, policies, planning, and plans on food safety and hygiene within the agricultural sector;

b) Organizing management and directing the implementation of production processes to ensure food safety and hygiene before foods enter circulation in the market;

c) Announcing animal disease outbreaks to coordinate inter-departmental efforts and organize disease control within the assigned scope;

d) Managing and directing production to ensure food safety and hygiene for:

- Agricultural food products from cultivation, harvesting, production, slaughtering, initial processing, preservation, and transportation before entering market circulation;

- Imported and exported agricultural food products;

đ) Coordinating with the Ministry of Health and relevant ministries and sectors in identifying causes of food poisoning and food-borne diseases when such incidents occur;

e) When food poisoning occurs, cooperating with People's Committees at all levels, the Ministry of Health, and relevant ministries and sectors to address and resolve consequences.

III. RESPONSIBILITIES FOR COORDINATION IN INSPECTION, AUDIT, AND ENFORCEMENT OF VIOLATIONS OF FOOD SAFETY AND HYGIENE REGULATIONS

a) Developing and implementing plans for inspection and audit of food safety and hygiene nationwide and enforcing violations according to the law;

a) Leading and coordinating with the Ministry of Agriculture and Rural Development to develop and implement strategies, policies, and plans on food safety and hygiene that have been approved;

b) Leading the review and inspection of high-risk food processing facilities.

b) Chair the review and inspection of food processing facilities with high risk;

c) Chair the handling, recovery, and determination of the origin of agricultural food products that do not meet hygiene and safety standards circulating in the market;

d) Carry out inspections, checks, and handle violations of laws on hygiene and safety of agricultural food products;

a) Providing detailed guidance on the implementation of strategies, policies, planning, and plans on food safety and hygiene within the agricultural sector;

a) Organize and direct inspections and checks on the hygiene and safety of agricultural food products and handle violations of such products within the assigned scope;

b) Inspect and check on the hygiene and safety of agricultural food products during cultivation, breeding, harvesting, slaughtering in fresh form, preliminary processing, storage, transportation, circulation in the market, and export;

c) Inspect and check the handling of raw food materials that do not meet hygiene and safety standards and have not been inspected by veterinary services before being put into circulation and used in food processing;

d) Coordinate with the Ministry of Health to inspect and check the handling, recovery, and tracing of the origin of agricultural food products and animal-origin foods contaminated with pathogenic microorganisms causing diseases and epidemics;

IV. IMPLEMENTATION

1. Responsibilities for organizing and implementing

a) The Ministry of Health assigns the Food Safety Agency to be the lead agency assisting the Ministry in implementing this Circular;

b) The Ministry of Agriculture and Rural Development assigns the Science and Technology Department to be the lead unit assisting the Ministry in implementing this Circular;

2. Effective Date

This Circular takes effect fifteen days after its publication in the Official Gazette. During implementation, if there are difficulties or obstacles, agencies and units are requested to promptly report them to the Ministry of Health and the Ministry of Agriculture and Rural Development so that the two Ministries can coordinate to resolve them within their authority or submit them to relevant state agencies for consideration and decision./.