Decree No. 09/2016/ND-CP on fortifying micronutrients in food

DECREE

Article 24Regarding the fortification of micronutrients in food

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||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Food Safety Law dated June 17, 2010;

At the proposal of the Minister of Health,

the Government issues this DecreeuThis Decree stipulates the mandatory fortification of micronutrients in food, fortified food with micronutrients, and the responsibilities of agencies, organizations, and individuals in the fortification of micronutrients in food.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree applies to organizations and individuals (hereinafter referred to as entities) producing, trading, importing micronutrients; fortified food with micronutrients for domestic consumption, and related agencies, organizations, and individuals.

Article 2. Applicability

2. This Decree does not apply to entities exporting fortified food with micronutrients and individuals engaged in traditional salt production.

1. Micronutrients are vitamins, minerals, or other trace elements necessary for growth, development, and maintenance of human life.

Article 3. Explanation of Terms

2. Self-generated and self-consumed electricity is electricity produced and consumed by an organization or individual to serve their own needs.

2. Fortifying micronutrients in food refers to the active addition of one or more micronutrients to certain foods at specific levels required by the body to prevent and address deficiencies of micronutrients among community members.

Article 4. Purpose of fortifying micronutrients in food

The mandatory fortification of certain micronutrients in food as prescribed in Articles 5 and 6 of this Decree aims to:

1. Add iodine to salt as specified in Point a, Clause 1, Article 6 of this Decree to prevent and combat goiter, cretinism, and disorders caused by iodine deficiency.

2. Add iron to wheat flour as specified in Point b, Clause 1, Article 6 of this Decree to prevent and combat iron-deficiency anemia and address consequences such as stunted growth, malnutrition, and reduced intellectual development caused by iron-deficiency anemia.

3. Add zinc to wheat flour as specified in Point b, Clause 1, Article 6 of this Decree to improve growth and contribute to increasing human stature; prevent and combat certain metabolic disorders, cell differentiation, infectious diseases, bone development disorders, and sexual function decline.

4. Add vitamin A to vegetable oil as specified in Point c, Clause 1, Article 6 of this Decree to prevent and combat xerophthalmia, blindness, and address consequences such as stunting, malnutrition caused by vitamin A deficiency, and enhance the body's resistance.

MICRONUTRIENTS AND FOODS REQUIRED TO BE FORTIFIED WITH MICRONUTRIENTS

Chapter II

Article 5. Micronutrients required to be added to food

1. Micronutrients required to be added to food include iodine, iron, zinc, and vitamin A.

2. Micronutrients prescribed in Clause 1 of this Article must comply with corresponding national technical standards or must conform to food safety regulations.

Article 6. Foods required to be fortified with micronutrients

1. The following foods must be fortified with corresponding micronutrients:

a) Salt for direct consumption and food processing must be fortified with iodine;

b) Wheat flour for food processing must be fortified with iron and zinc;

c) Vegetable oils containing soybean oil, palm oil, canola oil, or peanut oil must be fortified with vitamin A, except for vegetable oils used in industrial food processing.

2. Foods fortified with micronutrients as prescribed in Clause 1 of this Article must comply with corresponding national technical standards or must conform to food safety regulations.

RESPONSIBILITIES IN THE MANDATORY FORTIFICATION OF MICRONUTRIENTS IN FOOD

Chapter III

RESPONSIBILITY IN THE ENFORCEMENT OF OBLIGATORY ENRICHMENT OF FOOD WITH NUTRIENTS

Article 7. Responsibilities of Ministries

1. Responsibilities of the Ministry of Health

a) Managing food safety during the production, business, and importation of micronutrient fortificants;

b) Establishing and promulgating national technical standards for micronutrient fortificants and fortified foods; organizing the issuance of certificates of acceptance for conformity declarations or certificates confirming compliance with food safety regulations for domestically produced and imported micronutrient fortificants, imported fortified foods; confirming advertising content for imported micronutrient fortificants and fortified foods; issuing certificates of food safety conditions for establishments producing and trading in micronutrient fortificants;

c) Taking the lead in organizing the implementation of legal provisions regarding the fortification of micronutrients in foods;

d) Organizing inspections and checks on the implementation of legal provisions concerning the production and trade of micronutrient fortificants; conducting surprise inspections and checks on the production, trade, and importation of fortified foods within the scope of management of other ministries as specified in Clause 3, Article 26 of Decree No. 38/2012/NĐ-CP dated April 25, 2012, detailing certain provisions of the Food Safety Law;

e) Organizing and providing scientific and accurate information about the role and effects of fortified foods; informing, educating, and communicating policies and laws regarding fortified foods; the harm caused by micronutrient deficiencies to public health;

2. Responsibilities of the Ministry of Industry and Trade

a) Managing food safety during the production, business, and importation of wheat flour and vegetable oil fortified with micronutrients within its scope of management;

b) Organizing the confirmation of advertising content for wheat flour and vegetable oil fortified with micronutrients within its scope of management; issuing certificates of food safety conditions for establishments producing and trading in wheat flour and vegetable oil fortified with micronutrients;

c) Inspecting and checking the implementation of legal provisions concerning the production and trade of wheat flour and vegetable oil fortified with micronutrients;

3. Responsibilities of the Ministry of Agriculture and Rural Development

a) Managing food safety during the production, business, and importation of salt fortified with micronutrients;

b) Organizing the confirmation of advertising content for salt fortified with micronutrients within its scope of management; issuing certificates of food safety conditions for establishments producing and trading in salt fortified with micronutrients;

c) Inspecting and checking the implementation of legal provisions concerning the production, trade, and importation of salt fortified with micronutrients;

Article 8. Responsibilities of Provincial People's Committees and Municipal People's Committees under Central Government

1. Provincial People's Committees and Municipal People's Committees under Central Government shall manage food safety for the production and trade of fortified foods within their localities according to the delegation of authority;

2. The Department of Health shall be responsible to the Provincial People's Committee and Municipal People's Committees under Central Government for organizing the acceptance of conformity declarations or confirmation of compliance with food safety regulations for fortified foods produced within their jurisdictions;

3. The Departments of Agriculture and Rural Development and Industry and Trade shall be responsible to the Provincial People's Committee and Municipal People's Committees under Central Government for organizing the confirmation of advertising content for fortified foods, and organizing the issuance of certificates of food safety conditions for establishments producing and trading in fortified foods produced within their jurisdictions according to the delegation of the specialized managing ministry;

4. Inspecting and checking fortified foods and establishments producing and trading in fortified foods within their jurisdictions according to the delegation of the specialized managing ministry;

5. Organizing information, education, and communication about the benefits of fortified foods and the harms caused by micronutrient deficiencies to the people in their localities.

Article 9. Responsibilities of producers and traders of micronutrient fortification substances and fortified foods

Clause 1. Organizations producing, trading, and importing micronutrient fortification substances and fortified foods must comply with the provisions of this Decree and other relevant legal regulations.

Clause 2. They shall be liable under the law for micronutrient fortification substances and fortified foods that do not meet national technical standards or are not in compliance with food safety laws.

Clause 3. Fortified food producers must purchase micronutrient fortification substances themselves to produce fortified foods for their own establishments.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 10. Effective Date

Clause 1. This Decree takes effect from March 15, 2016.

Clause 2. The mandatory implementation schedule for the fortification of micronutrients in foods is as follows:

Point a) Fortified foods specified in Point a, Clause 1, Article 6 of this Decree must be implemented compulsorily one year after the date this Decree takes effect.

Point b) Fortified foods specified in Points b and c, Clause 1, Article 6 of this Decree must be implemented compulsorily two years after the date this Decree takes effect.

Clause 3. Decree No. 163/2005/NĐ-CP dated December 29, 2005 of the Government on the production and supply of iodized salt will cease to be effective according to the schedule specified in Point a, Clause 2 of this Article.

Clause 4. The provisions regarding food safety management for fortified foods specified in Point e, Clause 2, Article 20 of Decree No. 38/2012/NĐ-CP dated April 25, 2012 of the Government detailing certain provisions of the Food Safety Law shall be abolished according to the schedule specified in Clause 2 of this Article.

Clause 5. Fortified foods specified in Article 6 of this Decree that were produced, traded, or imported before the implementation of the schedule specified in Clause 2 of this Article may continue to circulate until their expiration date as indicated on the product packaging.

Article 11. Responsibility for Implementation

Clause 1. The Minister of Health shall be responsible for guiding and organizing the implementation of this Decree.

Clause 2. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of People's Committees at all levels, and related agencies, organizations, and individuals shall be responsible for implementing this Decree.