Joint Circular No. 34/2014/TTLT-BYT-BNNPTNT-BCT guiding labeling of goods for processed foods, food additives, and food processing aids in prepackaged form.

JOINT CIRCULAR

HGuidelines for labeling food products, food additives, and food processing aids in pre-packaged form,

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

Pursuant to Decree No. 89/2006/NĐ-CP dated August 30, 2006 of the Government on product labels; Ais an organization with legal personality designated by the Ministry of Industry and Trade to conduct one or more testing and conformity assessment activities with technical standards and corresponding standards for food, food additives, food processing aids, food supplements, packaging materials, food containers.

Pursuant to Decree No. 95/2012/NĐ-CP dated November 12, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

This Circular prescribes procedures for receiving, providing health care for domestic violence victims and statistical reports on domestic violence victims at medical facilities.

Pursuant to Decree No. 199/2013/NĐ-CP dated November 26, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Upon the proposal of the Director of the Food Safety Agency under the Ministry of Health, the Head of the Science and Technology Department under the Ministry of Industry and Trade, and the Director of the Quality Management Bureau of Forestry, Agriculture, and Fisheries under the Ministry of Agriculture and Rural Development;

The Minister of Health, the Minister of Agriculture and Rural Development, and the Minister of Industry and Trade promulgate this Joint Circular guiding the labeling of food products, food additives, and pre-packaged food processing aids circulating in Vietnam,

1. This Joint Circular regulates the labeling of processed foods, food additives, and pre-packaged food processing aids circulating in Vietnam (hereinafter referred to as

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

2. This Joint Circular does not apply to genetically modified foods, minimally processed foods, fresh live foods sold directly to consumers, and simply packaged foods (non-sealed packaging). Quarter I (Q).

3. For products produced solely for export, the labeling must ensure that it does not mislead about the nature of the product, and must comply with both Vietnamese law and the importing country's laws.

4. This Joint Circular applies to organizations and individuals producing, trading, and importing processed foods, food additives, and pre-packaged food processing aids in Vietnam.

Product label

Article 2. Interpretation of Terms

In this joint circular, the following terms are understood as follows:

1. is a written, printed, drawn, photographed version of letters, drawings, images affixed, printed, attached, cast, engraved, or carved directly onto the product, commercial packaging of the product, or other materials attached to the product or its commercial packaging to convey necessary information primarily about the product. The main part of the label

a) (the front of the label) is a portion of the product label that consumers can easily see and read most clearly under normal display conditions, designed according to the actual size of the product and its commercial packaging; The remaining part of the label

b) is the part of the product label used to record additional mandatory and other contents. The back of the label (or side of the label) may be adjacent, opposite, above, or below the front of the label (or main part of the label); is a label that translates the mandatory contents from the original label of the product into Vietnamese and supplements the mandatory contents in Vietnamese according to the law that the original label of the product lacks.

c) Secondary label Composition of the product

2. includes all substances, ingredients, food additives used in the production of food and present in the final product, including when the form of the ingredient has changed. Production date, shelf life:

3. Production date (Date of Manufacture)

a) of the product is the time point at which the production, processing, assembly, bottling, packaging, or other final steps of completing the product are finished; is the period during which the food retains its nutritional value and safety under storage conditions indicated on the label according to the manufacturer's instructions;

b) 2.3.1.1. Name of the production facility. Expiry date or Use-by date (Expiry date)

c) is the time point beyond which the product is not allowed to be sold on the market; Best Before Date

d) is the time point, under the storage conditions stated on the label, during which the product maintains its original quality. is a specific quantity of a type of product with the same name, quality, raw material, shelf life, and produced at the same facility under identical conditions.

4. Lot of Product is a definite quantity of a product of the same name, quality, raw material, shelf life, and produced at one facility under the same conditions.

Article 3. Requirements for Product Labeling

1. The images, drawings, emblems on the label must be truthful and not misleading, deceptive, or creating an incorrect impression about the essential characteristics and functions of the product.

2. It is prohibited to record statements, symbols, patterns that directly or indirectly refer to or suggest other products, causing consumers to misunderstand them as different products.

3. For mandatory information recorded on the product label, the height of the characters shall not be less than 1.2 mm. In cases where one side of the packaging used for labeling (excluding the edges) is smaller than 80 cm, the height of the characters shall not be less than 0.9 mm. The color of the characters must contrast with the background color of the label.² The height of the characters must not be less than 0.9 mm. The color of the characters must contrast with the background color of the label.

4. The product label must ensure long-term durability and shall not be erased or altered in a way that affects the product's quality.

5. It is encouraged for organizations and individuals to label nutritional information according to the guidelines of the International Food Standards Committee (Codex).

Article 4. Language of Product Labeling

1. Products produced domestically and circulated in the Vietnamese market must be labeled in Vietnamese and include all mandatory contents as prescribed in this Circular. Depending on the requirements of each type of product, additional languages may be added. Content in other languages must correspond to the Vietnamese content and the size of the characters shall not exceed those in Vietnamese.

2. Imported products for circulation and consumption in the Vietnamese market must be labeled according to one of the following methods:

a) Attach a supplementary label containing mandatory information in Vietnamese to the product label. The supplementary label must be affixed to the product or its commercial packaging without obscuring the product label's content. The content on the supplementary label shall not mislead the content of the product label;

b) Label in Vietnamese with all mandatory information required to be labeled.

Article 5. Contents of Product Label

1. Mandatory labeling contents include: product name; composition; quantity; production date; shelf life and storage instructions; usage instructions; name and address of the organization or individual responsible for the product; origin; receipt number of the conformity declaration or confirmation of compliance with food safety regulations; food safety warnings and recommendations.

2. Other contents of the product label include terms, drawings, images, symbols, numbers expressing other information.

Chapter II

REGULATIONS ON LABELING AND METHODS OF LABELING

Article 6. Product Name

1. The product name recorded on the label, set by organizations or individuals producing or trading in food, must meet the following requirements:

a) It shall not mislead about the nature and function of food, food additives, and food processing aids, nor confuse consumers. It must be recorded on the main part of the label;

b) It must match the name in the conformity declaration receipt or confirmation of compliance with food safety regulations.

2. The imported product name recorded on the supplementary label remains unchanged but must also include the category name in the foreign language or phonetic transcription in Vietnamese, and comply with Vietnamese laws regarding product labeling.

3. When a package contains multiple types of products within the same category, the product name should be recorded with the category name followed by the manufacturer's brand name or product trademark.

4. The product name can be accompanied by additional supportive terms on the main label to help consumers understand the true nature and natural conditions of the product.

5. If the name of a product component is used as the product name or part of it, then the quantity of that component must be recorded near the product name in a visible position or listed in the ingredient list.

Article 7. Composition Components of Products

1. All composition components must be listed on the product label, except for products that consist of only one composition component.

2. The composition components shall be listed in descending order by weight or percentage of each component. The phrase "Composition" must precede the listed components.

3. In cases where a product component is a mixture consisting of two or more components, such mixture must be listed within parentheses and in descending order by weight. If the mixture constitutes less than 5% of the final product's weight, it does not need to be disclosed, except for food additives with technological functions for the final product.

4. For foods containing one or several of the following components, their presence must be declared on the product label:

a) Cereals and cereal-based foods containing gluten, such as wheat, spelt, barley, black barley, oats, or hybrids and their products;

b) Crustaceans and crustacean products;

c) Eggs and egg products;

d) Fish and fish products;

đ) Peanuts, soybeans, and their products;

e) Milk and dairy products (including lactose - milk sugar);

g) Nuts and nut products; and

h) Sulphur dioxide at a concentration of ≥ 10 mg/kg.

5. Water added to food must also be listed among the composition components, except when a portion of the raw material in liquid form, such as brine, syrup, or broth, is used in mixed food products and has already been listed in the composition component list. Water and volatile ingredients during production do not need to be listed among the composition components.

6. For concentrated or dehydrated foods that require only water addition upon reconstitution, the composition components shall be listed in descending order by weight for the food after reconstitution, and the phrase "composition components of the product after reconstitution according to the instructions on the label" must be compulsorily stated.

7. In the listing of composition components, a specific name suitable for the contents specified for product naming and each composition component must be used, except in cases where the listed component uses a general category name that cannot provide necessary information, which may use category names as prescribed in Appendix 1 issued under this Joint Circular.

8. For food additives listed in the permitted food additive catalog and belonging to the following categories in order, the corresponding category name together with the specific name or INS international code must be used: acid regulators; flavor enhancers; thickening agents; foaming agents; gel-forming agents; anti-caking agents; defoaming agents; glossing agents; antioxidants; moisture retaining agents; fillers; preservatives; bleaching agents; color stabilizers; propellants; packaging gases; aerating agents; emulsifiers; stabilizers; firming agents; carriers; metal chelating agents; flour treatment agents; sweeteners; colorants; enzymes.

9. Food additives belonging to the flavorings and aroma-creating substances category; modified starches listed in the permitted food additive catalog for use in food shall use the corresponding category name. The term "flavorings" used for labeling usually must be accompanied by one or simultaneously by phrases such as "natural," "nature-identical," "synthetic," or "artificial."

10. When a food additive is introduced into food through initial raw materials but does not have technological functions for the final product, it does not need to be listed among the composition components of that food.

Article 8. Product Quantities (Net Weight/Actual Volume/Quantity)

1. Product quantities must be recorded using international units of measurement.

2. Product quantities for each type of food shall be recorded as follows:

a) Recorded according to actual volume for liquid foods;

b) Recorded according to net weight for solid foods;

c) Recorded according to net weight or actual volume for semi-solid foods or foods that are both solid and liquid.

3. For foods packaged in a liquid environment, the dry weight of the food must be recorded alongside the net weight.

Article 9. Production Date, Expiry Date, and Storage Instructions

1. Organizations and individuals producing food must ensure accurate and truthful information about the production date and expiry date on the food label. The expiry date must be recorded directly on the packaging and outer packaging.

2. The production date may be recorded as follows: "Production Date" or "NSX". Numerical digits indicating day, month, and year shall be recorded in one of the following formats: two-digit day, two-digit month, two-digit final year digits or full four-digit year, and between day, month, and year, a period (.), hyphen (-), slash (/), or no separator may be used, except in the case where no separator is used, which consists of six digits.

3. The expiry date must include the following information:

a) Day and month for products with an expiry date not exceeding three months;

b) Month and year for products with an expiry date exceeding three months;

c) Day, month, and year must be recorded in a sequence of unencoded numbers.

4. The following products are not required to record the expiry date but must record the production date:

a) Bread or sweet goods consumed within 24 hours of production;

b) Table vinegar;

c) Food-grade salt;

d) Solid sugar.

5. It is not mandatory to record the production date and expiry date for beverages containing at least 10% alcohol by volume.

6. Storage instructions: record the expiry date along with storage conditions (if applicable).

Article 10. Usage Instructions

1. Usage instructions must be recorded on the product label.

2. In cases where the product label area is less than 10 cm² , such contents must be recorded in a separate usage instruction document attached to the food (in the form of a Usage Instruction sheet or secondary label).

Article 11. Safety Warnings and Recommendations

1. Health recommendations must be based on scientific evidence and proven when the product is launched.

2. Nutritional comparison recommendations must comply with the provisions set out in Appendix 2 issued under this Joint Circular. In cases where Vietnam has not updated nutritional comparison recommendations, guidance from the Codex Alimentarius Commission may be followed.

3. Safety warnings (if any) must be clearly labeled and accompanied by instructions.

4. It is not permitted to emphasize the absence of one or more components in the product for advertising purposes if those components have similar characteristics and functions to substances or components in the same group.

Article 12. Name and Address of the Organization or Individual Responsible for the Product

Record the name and address of the organization or individual responsible for the product in the following cases:

1. For imported products: record the name and address of the organization or individual registering the product.

2. For domestically produced products:

a) In cases where the product is produced at the registered business location, the label must record the name and address of the production facility according to the business registration;

b) In cases where the product is produced at locations other than the registered business location but carries the same brand produced by these facilities, the label must record the address of the production facility or the name and address of the organization or individual registering the product, but it must ensure traceability;

c) Products produced jointly by two or more organizations or individuals must record the name and address of the organization or individual completing the final process before the product enters circulation;

d) In cases where the product label includes the name and address of another organization or individual for promotional purposes, the relationship between the additional organization or individual and the product must be recorded.

Article 13. Product Origin

1. For imported products, the label must indicate the name of the country of origin of the product in accordance with the laws on product origin.

2. In cases where the product is repackaged or packed in a country other than the country of production, in addition to indicating the country of origin as the country of production, the label must also indicate the name of the country where the final packaging was done.

Article 14. Number of Notification of Conformity Declaration or Confirmation of Compliance with Food Safety Regulations

Products circulating in the market must bear the number of the Notification of Conformity Declaration or Confirmation of Compliance with Food Safety Regulations issued by the competent authority.

Article 15. Exemption from Certain Mandatory Labeling Requirements

1. Provisions for exempting small labels with an area smaller than 10 cm² or those with a secondary label or accompanying usage instructions from mandatory labeling requirements.

Except for spices and herbs, for small packages with the largest surface area less than 10 cm², it may be exempted from the requirement to indicate ingredients, shelf life, storage instructions, and usage instructions if these contents are fully displayed on the secondary label or outer packaging.

2. Exemption from secondary labeling for food in the following cases:

a) Food carried by individuals upon entry for personal consumption within the tax-free allowance; food in diplomatic bags, consular bags; food temporarily imported for re-export, transit food, transshipment food; food stored in bonded warehouses; food samples for testing or research; food samples for exhibition or trade shows;

b) Raw materials, food additives, processing aids, food packaging imported for internal production not intended for sale on the market, only transported internally between warehouses within the same System of the enterprise across different provinces.

Chapter III

LABELING CONTENT FOR CERTAIN SPECIAL PRODUCTS

Article 16. Food Additives for Sale

In addition to the labeling requirements stipulated in Chapter II of this Joint Circular, food additives used for sale must be labeled as follows:

1. The group name with the name of the additive substance, for example: emulsifier: sodium polyphosphate; or with the international code of the additive substance (the code is placed in parentheses), for example: emulsifier (452i).

2. International code (if applicable).

3. If there are two or more food additives in one package, their names must be listed completely in descending order of weight ratio in each package.

4. Clearly state "For food use" under the name of the additive with a minimum character height of 2 mm and in bold type.

Article 17. Irradiated Foods

Foods produced, processed, or preserved using irradiation technology must have the phrase "Irradiated Food" or an image representing irradiated food according to internationally recognized standards that Vietnam has adopted on the label.

Chapter IV

IMPLEMENTATION

Article 18. Effective Date

1. This Circular takes effect from December 19, 2014.

2. Circular No. 15/2000/TT-BYT dated June 30, 2000, issued by the Minister of Health, guiding food labeling, becomes invalid from the date this Joint Circular takes effect.

3. Products that have been granted a Notification of Conformity Declaration or Confirmation of Compliance with Food Safety Regulations but whose labels do not comply with the provisions of this Joint Circular shall not be allowed to continue production and importation after December 31, 2015. In cases where such products are still circulating in the market and have not been sold out, they may continue to circulate but not beyond the expiration date indicated on the package.

Article 19. Responsibility for Implementation

Joint Ministries: Health, Agriculture and Rural Development, and Industry and Trade assign the Food Safety Administration (Ministry of Health), the Quality Management Department of Forestry, Agriculture, and Fisheries (Ministry of Agriculture and Rural Development), and the Science and Technology Department (Ministry of Industry and Trade) to be responsible for implementing, monitoring the implementation of this Joint Circular nationwide for products under their respective jurisdictions.

During implementation, if there are difficulties or obstacles, agencies, organizations, and individuals are requested to report them to the relevant ministries for study and resolution./.