Joint Circular No. 45/2015/TTLT-BNNPTNT-BKHCN guiding labeling for packaged genetically modified food products

JOINT CIRCULAR

Guidelines on labeling for packaged genetically modified food productsFor power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.

______________________ 

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

Pursuant to Decree No. 89/2006/NĐ-CP dated August 30, 2006 of the Government on product labels;

Pursuant to Decree No. 69/2010/NĐ-CP dated June 21, 2010 of the Government on biosafety for genetically modified organisms, genetic material, and products derived from genetically modified organisms, and Decree No. 108/2011/NĐ-CP dated November 30, 2011 of the Government amending certain provisions of Decree No. 69/2010/NĐ-CP dated June 21, 2010 of the Government on biosafety for genetically modified organisms, genetic material, and products derived from genetically modified organisms;

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

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;

Pursuant to Decree No. 20/2013/NĐ-CP dated February 26, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

At the proposal of the Director of the Science, Technology and Environment Department - Ministry of Agriculture and Rural Development, and the Director of the Science and Technology Department for Economic Engineering - Ministry of Science and Technology,

The Minister of Agriculture and Rural Development and the Minister of Science and Technology hereby promulgate these joint circulars guiding labeling for packaged genetically modified food products.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. These joint circulars guide labeling for packaged genetically modified food products circulating in Vietnam that contain at least one genetically modified ingredient component exceeding 5% of the total raw materials used to produce the food.

2. These joint circulars shall not apply to:

a) Packaged genetically modified food products containing genetically modified ingredient components but where the gene or product of the modified gene cannot be detected in the food;

b) Fresh genetically modified foods, processed genetically modified foods not packaged and sold directly to consumers;

c) Genetically modified foods used in emergency situations to address natural disasters or epidemics.

3. For genetically modified foods produced solely for export, labeling must ensure that it does not misrepresent the nature of the product and does not violate Vietnamese law or the laws of the importing country.

Article 2. Applicability

These joint circulars apply to organizations and individuals involved in the production, business, and importation of genetically modified foods in Vietnam.

Article 3. Explanation of Terms

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

1. Genetically Modified Food means food containing one or more ingredients with genes modified using genetic technology.

2. Genetically Modified Ingredient Component, Food Additive, Processing Aid means raw materials containing genetically modified organisms, genes, or products of modified genes using genetic technology, used in food production and remaining in the final product, including when the form of the raw material has changed.

3. Packaged Genetically Modified Food Product means genetically modified food that is packaged and labeled completely, ready for sale for further processing or immediate consumption.

Chapter II

SPECIFIC PROVISIONS

Article 4. Method of Labeling Genetically Modified Foods

1. Genetically modified foods must comply with the labeling requirements stipulated by the law on product labels.

2. The phrase "genetically modified" must be written in Vietnamese next to the name of the genetically modified ingredient component along with the percentage on the product label.

For products with a label area smaller than 10cm², the label must include the product name and the phrase "genetically modified"; other mandatory information that cannot be displayed on the label must be included in accompanying documentation.

Article 5. Exemption from mandatory labeling for certain genetically modified foods

1. Genetically modified food carried by individuals for personal consumption within the tax-free allowance upon entry; food in diplomatic pouches, consular pouches; temporarily imported re-exported food, transit food, transshipment food; food stored in bonded warehouses; food samples for testing or research; food samples for trade fairs or exhibitions;

2. Raw materials, food additives, processing aids, packaging materials for food imported for internal production not intended for sale on the market, only transported internally between warehouses within the same system across provinces within a business entity.

Article 6. Rectification and correction of labels for genetically modified food

Pre-packaged genetically modified food currently circulating on the market with incomplete or non-compliant labeling must be rectified and corrected according to the following principles:

1. Producers, traders, importers must implement the rectification and correction themselves.

2. The phrase "genetically modified" must be added in accordance with this Joint Circular but shall not obscure mandatory information as required by the law on food labeling.

3. The rectification and correction of non-compliant content or missing information on food labels must ensure that it cannot be restored to its original state.

Chapter III

IMPLEMENTATION

Article 7. Effective Date

1. This Joint Circular takes effect from January 8, 2016.

2. Genetically modified food with non-compliant product labels as stipulated in this Joint Circular shall not be allowed to continue production and importation after January 8, 2017. In cases where genetically modified food already circulating on the market has not been fully consumed, it may continue to circulate but not beyond the expiration date indicated on the product packaging.

Article 8. Responsibilities for Implementation

The Department of Quality Management of Agricultural Products and Aquatic Products (Ministry of Agriculture and Rural Development) and the General Department of Standardization, Measurement, and Quality Control (Ministry of Science and Technology) are responsible for implementing, monitoring, and inspecting 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./.