Decision No. 4128/2001/QD-BYT on the issuance of regulations on conditions to ensure food safety at dining halls, collective kitchens, and food service establishments.

DECISION OF THE MINISTER OF HEALTH

Regarding the issuance of Regulations on Conditions for Ensuring Food Safety at Dining Halls, Collective Kitchens, and Catering Enterprises

Engaged in Meal Preparation

THE MINISTER OF HEALTH

Pursuant to Article 7 of the Law on People's Health Protection and the Sanitation Regulations issued together with Decree No. 23-HĐBT dated January 24, 1991 of the Council of Ministers (now the Government);

Pursuant to Decree No. 68/CP dated January 11, 1993 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Health;

At the proposal of the Director of the National Food Safety Quality Control Department under the Ministry of Health,

DECISION:

Article 1. The Regulations on Conditions for Ensuring Food Safety at Dining Halls, Collective Kitchens, and Catering Enterprises Engaged in Meal Preparation are hereby promulgated together with this Decision.

Article 2. The Director of the National Food Safety Quality Control Department shall be responsible for guiding and supervising the implementation of this Decision.

Article 3This Decision shall take effect 15 days from the date of its issuance. Any previous regulations that conflict with the provisions of this Decision are hereby repealed.

Article 4The Heads of the Office, Inspectorate, Departments under the Ministry of Health, Directors of the National Food Safety Quality Control Department, National Drug Administration Department, Heads of units directly under the Ministry, Provincial Health Directors, and Health Chiefs of various sectors are responsible for implementing this Decision./.

REGULATIONS ON CONDITIONS FOR ENSURING FOOD SAFETY

AT DINING HALLS, COLLECTIVE KITCHENS AND CATERING ENTERPRISES ENGAGED IN MEAL PREPARATION

(Issued together with Decision No. 4128/2001/QĐ-BYT dated October 3, 2001

of the Minister of Ministry of Health)

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

I. SCOPE OF APPLICATION: These Regulations stipulate conditions for ensuring food safety at dining halls, collective kitchens located in factories, enterprises (including those in industrial zones and export processing zones), agencies, boarding schools, hospitals, restaurants, and catering service establishments serving more than 30 people at a time; and catering enterprises engaged in meal preparation.

II. APPLICABLE SUBJECTS: All organizations and individuals of all economic sectors (collectively referred to as traders) operating collective dining services and heads of agencies, boarding schools, hospitals, restaurants, hotels with dining halls serving more than 30 people at a time, and catering enterprises engaged in meal preparation, shall be responsible for fully complying with the specific requirements set forth in these Regulations.

II. REGULATIONS ON CONDITIONS FOR ENSURING SANITARY AND FOOD SAFETY

1. Sanitation for Facilities:

a) The location of kitchens, dining halls, and catering enterprises engaged in meal preparation must meet environmental sanitation conditions and must be isolated from toilets and other sources of pollution.

b) Kitchens must be designed and organized according to the principle of a one-way flow: raw material storage and handling area - food processing area - distribution or sale of prepared food. Kitchens must be constructed using non-porous materials that are easy to clean and disinfect.

c) Dining rooms, food preparation tables, food storage areas, or refrigeration areas must be kept clean and hygienic.

d) Garbage containers must have lids to prevent garbage from spilling out and wastewater from leaking. Garbage must be collected far from food processing areas and dining rooms and removed daily without accumulation.

e) Containers for leftover food must have tight-fitting lids to prevent food residue from spilling out and leaking.

f) Drainage systems in food processing areas and kitchens must be well-ventilated, free from blockages, and covered.

g) Facilities must have sufficient clean water to maintain normal operations and for hand washing before and after meals. If wells or reservoirs are used, they must be covered, with the well mouth and reservoir surface at least 1 meter above ground level, and not subject to external contamination. Utensils used for preparing and washing hands must be cleaned regularly and kept clean.

2. Sanitation for Staff:

a) Personnel directly involved in food preparation and serving must be trained in food safety knowledge and understand their responsibilities.

b) Workers must undergo health examinations before employment, annual health check-ups after employment, and fecal tests at least once a year (excluding facilities in areas experiencing digestive tract infectious diseases). Those suffering from skin diseases or infectious diseases listed in Decision No. 505/BYT-QĐ dated April 18, 1992 of the Minister of Health must temporarily stop work or be reassigned until cured to avoid contact with cooked food, ready-to-eat food, tableware, and packaging materials for ready-to-eat food.

c) Personal clothing and belongings of staff must not be stored in food processing areas.

d) All staff must maintain personal hygiene, keep nails short and clean, and wash hands with soap before food preparation, serving, and selling cooked food.

e) When distributing meals, staff must use utensils to serve food and must not use bare hands to handle cooked food.

f) Food preparers must not eat, chew gum, or smoke in the kitchen.

3. Sanitation for Utensils:

a) Plates, spoons, forks, cups, saucers, and other utensils used by customers must be washed clean and dried.

b) Chopstick and spoon holders must be dry, ventilated, clean, made of non-porous materials; after washing, they must be air-dried before chopsticks are inserted.

c) Baskets and strainers for food storage must always be kept clean and not placed on dirty, damp surfaces.

d) Other utensils such as knives, cutting boards, pots, and other items must be immediately cleaned and stored in clean places after use. The food preparation table surface must be made of non-porous materials that are easy to clean.

e) Separate knives and cutting boards must be used for cooked food and raw food.

f) Only permitted cleaning agents for use in food preparation and daily life may be used; industrial cleaning agents are prohibited.

4. Sanitation During Food Processing and Storage:

a) Water supply sanitation: facilities must send water samples to the provincial Preventive Health Center (commonly referred to as the province) for testing at least once every quarter and once a month if notified of a dangerous digestive disease outbreak, while simultaneously treating the water source according to the regulations of the health sector.

b) Strictly prohibitthe use of food additives, colorants, and synthetic sweeteners not included inthe List of Food Additives prescribed by the Ministry of Health.

c) Do not use spoiled,rotten, or damaged food; food from animals that are diseased for mealpreparation.

d) Cooked meals thatare sold or served must be covered to prevent flies, dust, and other pests thatcause contamination, and absolutely no cloth shall be used to cover fooddirectly.

e) Cooked mealscontaining meat or seafood, if not refrigerated (< 10°C), must be reheatedbefore serving after two hours.

Fresh vegetables andfruits must be thoroughly soaked and rinsed at least three times with cleanwater or washed under running water.

5. Daily recordkeeping files must reflect the following contents:

a) The origin ofpurchased food items. e) The number of valid ballots;

b) Samples of preparedfood.

c) Menu.

6. Liabilitycontracts for ensuring food hygiene and safety shall be implemented accordingto the following requirements:

a) Between suppliersof raw materials and kitchen owners or food processing establishments.

b) Between customersand kitchen owners or food processing establishments providing on-site dining.

c) For productionfacilities without their own kitchens that outsource meal preparation, thefacility owner may only enter into contracts with food processingestablishments that meet hygiene standards and ensure food safety.

7. Handling proceduresin case of food poisoning:

Upon occurrence offood poisoning, immediately report to the nearest health authority and retainfood samples for testing by provincial or district, county, town, or cityhealth prevention agencies (collectively referred to as district) to identifythe cause. Facility owners and merchants responsible for causing food poisoningmust bear full responsibility for the violation and pay all medical examinationand treatment costs for poisoned patients and investigation costs for identifyingthe cause of poisoning.

III. IMPLEMENTATIONLIABILITY

1. Responsibilities offacility owners and merchants: Facility owners and merchants are responsiblefor ensuring compliance with the provisions set forth in Section II of thisRegulation; organizing management and supervision of implementation; facilitatinghealth authorities' inspections and supervisions; strictly and timelyimplementing recommendations and decisions made by inspection teams.

2. Responsibilities ofhealth authorities.

a) The QualityControl Department of Food Safety has the responsibility to coordinate withthe Ministry of Health's Inspectorate to guide, urge, inspect, and audit theimplementation of this Regulation annually organizing meetings to shareexperiences and exchange with provincial Health Departments and relevant healthauthorities to compile and report to the Minister of Health.

b) Provincial HealthDepartments have the responsibility:

To organize theassignment of tasks to provincial Health Prevention Centers and district HealthPrevention Teams to conduct regular inspections of food safety at facilitieslocated within their jurisdiction as stipulated in Point 1, Section I of thisRegulation, once every quarter.

Organize quarterlymeetings to share experiences and exchange with suppliers.

Compile and report tothe Ministry of Health (Quality Control Department of Food Safety) on a semi-annualbasis about the management situation of entities within their jurisdiction asstipulated in Point 2, Section I of this Regulation.

State-owned, semi-state,private, and foreign-invested healthcare facilities upon discovering foodpoisoning cases must promptly organize emergency response and report to theclosest health prevention agency.

c) Provincial HealthPrevention Centers and district Health Prevention Teams assigned with regulartasks are specialized technical units responsible for inspecting andsupervising compliance with this Regulation's requirements. Upon detectingviolations, they must prepare records and immediately transfer them to theProvincial Health Department's Inspectorate or local government for handling;when notified of a poisoning incident, they must dispatch personnel toinvestigate the cause of poisoning within two hours of receiving the notification,reporting it to the Provincial Health Department as quickly as possible forcoordination and information compilation for prompt or periodic reporting tothe Ministry of Health (Quality Control Department of Food Safety).

d) Heads of healthauthorities in various sectors are responsible for guiding, urging, andinspecting subordinate agencies with dining halls, collective kitchens, oroutsourced catering services to comply with hygiene requirements at diningfacilities as stipulated in this Regulation.

During theimplementation of this Regulation, if there are any difficulties, localities andunits should report to the Ministry of Health (Quality Control Department ofFood Safety) for research and resolution./.