Circular No. 32/2009/TT-BCT temporarily stipulates the permissible limits for residual formaldehyde and aromatic amines released from azo dyes on textile products under certain reduction conditions.

CIRCULAR

Provisionally regulating the permissible limits for formaldehyde content and aromatic amines that can be released from azo dyes under reduction conditions on textile products

aromatic amines that can be released from azo dyes under reduction conditions on textile products

among the decontamination conditions on textile and garment products

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Pursuant to Decree No. 189/2007/ND-CP dated December 27, 2007, issued by the Government, detailing the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Law on Protecting People's Health dated July 11, 1989;

Pursuant to the Ordinance on Protecting Consumer Rights dated April 27, 1999;

Pursuant to the Law on Standards and Technical Regulations dated June 29, 2006;

Pursuant to the Law on Product Quality and Commodities dated November 21, 2007;

Pursuant to Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing implementation of certain provisions of the Product Quality Law;

The Minister of Industry and Trade hereby provisionally regulates the permissible limits for formaldehyde content and aromatic amines that can be released from azo dyes under reduction conditions on textile products as follows:

Article 1. Scope and Applicability

Article 1. This Circular provisionally regulates the permissible limits for formaldehyde content and aromatic amines that can be released from azo dyes under reduction conditions on textile products produced, imported, and traded in the Vietnamese market. Specifically:

a) The residual formaldehyde content on textile products shall not exceed the permissible limit set out in Appendix 1 of this Circular;

b) Aromatic amines that can be released from azo dyes under reduction conditions on textile products shall not exceed the permissible limit set out in Appendix 2 of this Circular.

Article 2. This Circular does not apply to fabrics used in construction industry; lining fabrics used in the production of automobile and motorcycle tires; special-purpose flame-retardant clothing; industrial tarpaulins; other products with special purposes; and imported fabrics for processing into export goods.

Article 3. This Circular applies to state management agencies responsible for product quality, organizations and individuals involved in the production, importation, and trading of related textile products.

Article 2. Application Standards and Sampling Methods for Quality Inspection

Clause 1. The determination of residual chemical content shall be carried out according to the guidelines of the National Standard or corresponding analytical standards of the following international organizations:

a) TCVN 7421-1:2004 (ISO 14184-1:1998), Textile Materials - Determination of Formaldehyde - Part 1: Free Formaldehyde and Hydrolyzable Formaldehyde (Aqueous Extraction Method);

b) TCVN 7619-1:2007 (EN 14362-1:2003), Textile Materials - Determination of Aromatic Amines Derived from Azo Dyes - Part 1: Detection of Azo Dyes without Extraction;

c) TCVN 7619-2:2007 (EN 14362-2:2003), Textile Materials - Determination of Aromatic Amines Derived from Azo Dyes - Part 2: Detection of Azo Dyes by Fiber Extraction;

d) LMBGB 82.02-2, LMBG B 82.02-4 Determination of Azo Dyes on Textile Products.

Clause 2. Sampling for quality inspection shall be conducted as follows:

a) For fabrics: randomly select one sample representing each color from each batch. The length of the sample is one meter, the width is the full width of the fabric, at least two meters away from the edge of the fabric;

b) For sewn products: randomly select one sample representing each style and each color from each batch;

c) After sampling, the samples must be packed in high-strength bags or polyethylene film to prevent contamination. Samples shall be sealed in accordance with the provisions of the law.

Clause 3. The registration file for sampling inspection, the receipt form, and the sampling record are specified in Appendix 3 of this Circular and are published on the Ministry of Industry and Trade's Vietnam Industry and Trade electronic news website.

Article 3. Conditions for testing organizations and test results

1. The laboratory designated by the Ministry of Industry and Trade to conduct quality appraisal must meet the following conditions:

a) The laboratory must be recognized and certified by the Quality Recognition Office (General Department of Standardization, Measurement and Quality under the Ministry of Science and Technology) with a certificate ensuring compliance with the standard TCVN ISO/IEC 17025:2007 General requirements for the competence of testing and calibration laboratories and the testing methods for the relevant indicators must be included in the list of recognized tests;

b) The laboratory must be certified by an international or regional accreditation organization with a certificate meeting the ISO/IEC 17025:2007 standard and the testing methods for the relevant indicators must be included in the list of recognized tests;

2. The application dossier for the designation of the laboratory to conduct quality appraisal is specified in Appendix 4 of this Circular and is published on the Vietnam Industry and Trade electronic news website of the Ministry of Industry and Trade.

3. Test results from designated testing organizations shall be used in managing the quality of goods.

Article 4. Conditions for ensuring product quality

1. Domestic textile and garment products shall comply with the provisions set forth in Article 4, Clause 1 of Decree No. 132/2008/ND-CP dated December 31, 2008 of the Government detailing the implementation of certain articles of the Law on Product Quality.

2. Imported textile and garment products shall comply with the provisions set forth in Article 7, Clause 1 of Decree No. 132/2008/ND-CP dated December 31, 2008 of the Government detailing the implementation of certain articles of the Law on Product Quality.

Customs authorities shall only release imported consignments when the import declaration includes a notification of the quality inspection result issued by the inspection authority according to Model No. 8 in Appendix 5 of this Circular.

3. Textile and garment products circulating in the market must meet the quality conditions stipulated in Article 38 of the Law on Product Quality.

Article 5. Responsibilities of related parties

1. The Department of Science and Technology under the Ministry of Industry and Trade is responsible for designating laboratories permitted to test the indicators listed in Appendices 1 and 2 of this Circular in accordance with Circular No. 09/2009/TT-BKHCN dated April 8, 2009 of the Ministry of Science and Technology guiding the requirements, procedures, and formalities for the designation of conformity assessment bodies.

2. The Market Management Agency is responsible for organizing and directing provincial and municipal market management agencies to inspect, supervise, and handle violations concerning the quality of goods circulating in the market in accordance with the law.

3. State quality inspection agencies shall implement quality control of goods circulating in the market in accordance with Circular No. 16/2009/TT-BKHCN dated June 2, 2009 of the Ministry of Science and Technology.

During implementation, if there are difficulties or obstacles, inspection agencies shall promptly report them to the Department of Science and Technology under the Ministry of Industry and Trade for the Department to compile and propose reports to the Ministry for guidance and amendments.

Article 6. Effectiveness

This Circular takes effect 45 days from the date of signature and remains in force until replaced by corresponding National Technical Regulations.