Circular No. 27/2012/TT-BYT guiding the management of food additives

CIRCULAR

Guidelines on the management of food additives

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

Pursuant to Decree No. 38/2012/NĐ-CP dated April 25, 2012 of the Government detailing the implementation of certain provisions of the Food Safety Law;

Pursuant to Decree No. 63/2012/NĐ-CP dated August 31, 2012 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Health;

At the proposal of the Director of the Food Safety Administration;

The Minister of Health issues this Circular guiding the management of food additives:

Article 1. Scope of Regulation

This Circular stipulates on:

1. List of food additives permitted for use in production, processing, and trading of food products and maximum limits for each additive in food products;

2. Requirements for managing food additives.

Article 2. Explanation of terms and abbreviations

In this Circular, the following terms and abbreviations shall be understood as follows:

1. CAC (Codex Alimentarius Committee): International Food Standards Committee;

2. GMP (Good Manufacturing Practices): Good manufacturing practices;

3. ML (Maximum Level) is the maximum amount of a food additive determined to be effective and safe when used for each type or group of food products. The maximum level is calculated in milligrams of the food additive per kilogram of food (mg/kg);

4. INS (International Numbering System) is the numbering system assigned to each food additive by the CAC;

5. Food category number is the number assigned to each type or group of food products according to the food classification system established by the CAC for the management of food additives;

6. Using food additives includes:

a) Producing, processing, trading, and importing food additives;

b) Producing, processing, trading, and using food products containing food additives.

Article 3. Prohibited acts in the use of food additives

1. Using food additives not included in the list of permitted food additives as specified in Appendix 1 attached to this Circular.

2. Using food additives beyond the permitted limit or not in accordance with the food product categories specified in Appendix 2 attached to this Circular.

3. Using food additives that do not fully comply with the management requirements stipulated in Article 6 of this Circular.

4. Using food additives of unknown origin, place of manufacture, or beyond their expiration date.

Article 4. List of food additives permitted for use in food

The list of food additives permitted for use in food is specified in Appendix 1 attached to this Circular.

Article 5. Maximum levels for food additives in food

The maximum levels for food additives in food are specified in Appendix 2 attached to this Circular.

Article 6. Management requirements for food additives

1. Production and trading establishments of food additives must meet all requirements stipulated in Circular No. 16/2012/TT-BYT dated October 22, 2012 of the Ministry of Health on the conditions for ensuring food safety for food production and trading establishments, food utensils, and packaging materials under the jurisdiction of the Ministry of Health.

2. Food additives must be declared as compliant with regulations or declared as compliant with food safety regulations before production, trading, importation, and use for producing and processing food. The procedures and formalities for declaring compliance with regulations or compliance with food safety regulations are carried out in accordance with Circular No. 19/2012/TT-BYT dated November 9, 2012 of the Ministry of Health on guiding the declaration of compliance with regulations or compliance with food safety regulations.

3. GMP must be applied during the production and processing of food, and must comply with:

a) Minimizing the necessary amount of food additives to the lowest possible level to meet technical requirements;

b) The amount of food additives used during production, processing, storage, packaging, and transportation of food must ensure that they do not alter the nature of the food.

4. Labeling of food additives shall be carried out in accordance with current laws.

Article 7. Transitional Provisions

Food additives and food products containing food additives that have been issued a Product Standard Certificate prior to the effectiveness of this Circular may continue to be used until the expiration date stated on the Certificate.

Article 8. Review, amendment, supplementation

Based on management needs at each period, based on product standards or guidelines from CAC, the Food Safety Administration will review and propose to the Ministry of Health to amend and supplement this Circular to promote domestic production and align with international practices.

Article 9. Cross-References

In case the regulatory legal documents and provisions cited in this Circular are amended, supplemented, or replaced, they shall be implemented according to the new regulatory legal documents.

Article 10. Provisions on implementation

1. This Circular takes effect from February 1, 2013. Regulations related to food additives (excluding permitted flavoring substances in food) set out in Decision No. 3742/2001/QĐ-BYT dated August 31, 2001 on the list of permitted food additives and Decision No. 928/2002/QĐ-BYT dated March 21, 2002 on hygiene and safety conditions for the production, business, and use of food additives issued by the Minister of Health shall be abolished from the date this Circular takes effect.

2. The Food Safety Administration is responsible for leading and coordinating with relevant agencies to guide implementation and organize the enforcement of this Circular./.