Vietnam: What are the amendments and annulments to a number of legal documents on food safety under Circular 17/2023/TT-BYT?
What are the amendments and annulments to a number of legal documents on food safety in Vietnam under Circular 17/2023/TT-BYT?
On September 25, 2023, the Minister of Health issued Circular 17/2023/TT-BYT on amendments and annulments to a number of legal documents on food safety in Vietnam.
Amendments and annulments to a number of legal documents on food safety in Vietnam in Circular 17/2023/TT-BYT are as follows:
- Amendments to a number of articles in Circular 24/2019/TT-BYT:
+ Amend Clause 8 Article 3 of Circular 24/2019/TT-BYT
+ Amend and supplement Clause 4 Article 5 of Circular 24/2019/TT-BYT
+ Add Clauses 5 and 6 to Article 5 of Circular 24/2019/TT-BYT
+ Add 18 food additives to Appendix 2B - The maximum use level of food additives in food that has not been regulated according to CODEX STAN 192-1995 (2018) specified in Annex 1 issued together with Circular 17/2023/TT-BYT
+ Amend and supplement Clause 1, Article 6 of Circular 24/2019/TT-BYT
+ Amend and supplement Clause 2, Article 17 of Circular 24/2019/TT-BYT
- Amendments to the regulations on the maximum level of biological and chemical pollution in food issued together with Decision 46/2007/QD-BYT:
+ Amend and supplement Part 7 of Decision 46/2007/QD-BYT
+ Issue the list of processing-aid substances permitted to use in food production and business issued in Appendix 2 enclosed with Circular 17/2023/TT-BYT
- Amendments to a number of articles in Circular 18/2019/TT-BYT:
+ Amend Article 4 of Circular 18/2019/TT-BYT
+ Amend the content of Section 7.11 Part VII of Quality Control in the Appendix enclosed with Circular 17/2023/TT-BYT
- Amendments to a number of articles in Circular 43/2014/TT-BYT:
+ Amending the name of Article 3 of Circular 43/2014/TT-BYT
+ Amend Clause 3 Article 3 of Circular 43/2014/TT-BYT
+ Amend Clause 2, Clause 4, Article 4 of Circular 43/2014/TT-BYT
+ Amend Points a and b, Clause 1, Article 8 of Circular 43/2014/TT-BYT
+ Amend Clause 2, Article 8 of Circular 43/2014/TT-BYT
+ Amend Points b and d, Clause 1, Article 10 of Circular 43/2014/TT-BYT
+ Amend Points d and dd, Clause 2, Article 10 of Circular 43/2014/TT-BYT
+ Amend Point a, Clause 3, Article 10 of Circular 43/2014/TT-BYT
+ Amend the sentence to quote Article 11 of Circular 43/2014/TT-BYT
+ Amend Clause 4 Article 11 of Circular 43/2014/TT-BYT
- Amendments to a number of articles in Circular 48/2015/TT-BYT:
+ Amend and supplement Clauses 1 and 3, Article 2
+ Amend and supplement Points b and c, Clause 1, Article 4
+ Amend and supplement Points a, b, and h, Clause 1, Article 6
+ Amend and supplement Points a and c, Clause 2, Article 6
+ Amend and supplement Clause 3, Article 7
+ Amend and supplement Article 10
+ Amend and supplement Article 14
+ Replace Appendices No. 01, 02, 03, 04, 05, 06 of Circular 48/2015/TT-BYT with corresponding forms in Appendix 3 issued together with Circular 17/2023/TT-BYT
- Amendments to a number of articles in Circular 49/2015/TT-BYT:
+ Amend the phrase "At the request of the Director of the Vietnam Food Safety Authority" with the phrase "At the request of the Director of the Vietnam Food Safety Authority, Director of the Health Environment Management Agency" in the grounds of Circular 49/2015/TT-BYT.
+ Amend and supplement Point b, Clause 2, Article 4, Point b, Clause 2, Article 5 of Circular 49/2015/TT-BYT
+ Amend and supplement Point b, Clause 2, Article 6 of Circular 49/2015/TT-BYT
+ Replace the phrase "Vietnam Food Safety Authority" with the phrase "Health Environment Management Agency" in Clauses 1, 2 and 3, Article 7; Clause 2, Clause 4 of Article 8; Article 9; Article 11; Clause 2 Article 16 of Circular 49/2015/TT-BYT; replace the phrase "vfa.gov.vn" with the phrase "vihem.gov.vn" in Clause 3 Article 9 of Circular 49/2015/TT-BYT
+ Remove the phrase "or Sub-Department of Food Hygiene and Safety of the province or centrally-run city where tobacco production and trading establishments are located in the locality" in Article 11 of Circular 49/2015/TT-BYT
+ Remove the phrase "or request the Sub-Department of Food Hygiene and Safety of the province or centrally-run city where tobacco production and trading establishments are located in the locality to implement" in Clause 1, Article 12 of Circular 49/2015/TT-BYT
+ Replace the phrase "Vietnam Food Safety Authority" with the phrase "Health Environment Management Agency" in Forms No. 06, 07, 08, 09 and 10; replace the phrase ".../ATTP-TNCB" with the phrase ".../MT-TNCB" in Form No. 06 and Form No. 09; replace the phrase ".../ATTP-XNCB" with the phrase ".../MT-XNCB" in Form No. 07 and Form No. 10 issued together with Circular 49/2015/TT-BYT
- Annulment of a number of legal documents promulgated by the Minister of Health:
+ Annul Circular 14/2011/TT-BYT.
+ Annul the part of legal documents promulgated by the Minister of Health as follows:
++ Annul Section 4 - Interpretation of terms and Section 5 - Inspection, supplement under Part 1 of the General Regulations on maximum level of biological and chemical pollution in food; Section 4.5- Standards for detergents used for cleaning food-contacted tools; Section 4.6 - Maximum Level of heavy metals leaching from food containers (except ceramic and glass) of Part 4 - hygienic safety for food parking and containers; Section 6.5 Limit of micro-organism in cereal and cereal products; Section 6.8 - Limit of micro-organism in flavors and sauces; Section 6.11- Limit of micro-organism in canned food and Section 6.12 - Limit of micro-organism in fats and oils under Part 6 - Limit of micro-organism in in food and the List of support agents permitted for use in food production in Part 7 issued together with Decision 46/2007/QD-BYT.
++ Annul Points b, c, d, and dd, Clause 10, Article 1 of Circular 29/2020/TT-BYT.
++ Annul the ordinal number 32 in the Interpretation of terms; annul Section 3.11.2; 3.17; 3.29 and 3.49 Part III in the Appendix enclosed with Circular 18/2019/TT-BYT.
++ Annul Point dd, Clause 1, Article 6 of Circular 48/2015/TT-BYT.
++ Annul Clauses 2, 3, 4 and 5 of Article 2; Clause 1, Clause 2 of Article 3; Point a, Clause 1, Article 4; Article 5; Article 6; Article 7; Article 9; Point a, Clause 1, Point c, Clause 2, Article 10; Clause 1, Clause 2 of Article 11; Point a, Clause 1, Article 12; Article 13; Clause 2 of Article 14; Clause 2 of Article 15; Chapter VII of Circular 43/2014/TT-BYT.
What are the flavorings used in food in Vietnam under Circular 17/2023/TT-BYT?
Pursuant to the current provisions in Clause 4 Article 5 of Circular 24/2019/TT-BYT as follows:
List of permitted food additives and maximum use level
...
4. Flavorings include the flavorings evaluated and confirmed as safe for expected intakes or ADI by JECFA. These flavorings shall satisfy corresponding technical requirements on recognizability and purity; and comply with regulations of the National Standard TCVN 6417:2010 guiding the use of flavorings and specific provisions of this Circular.
Pursuant to the new provisions in Clause 2 Article 1 of Circular 17/2023/TT-BYT amending and supplementing Clause 4 Article 5 of Circular 24/2019/TT-BYT as follows:
Amending and supplementing a number of articles in Circular No. 24/2019/TT-BYT dated August 30, 8 of the Minister of Health guiding the management and use of food additives
...
2. Clause 4 of Article 5 is amended and supplemented as follows:
"4. Flavourings used in food include flavorings falling into one of the following categories:
a) Flavorings evaluated and confirmed as safe for expected intakes or ADI by JECFA;
b) Flavoring with Generally Recognized As Safe (GRAS) issued by the Flavor and Extract Manufacturers Association of the United States (FEMA);
c) Flavourings used in food of the European Union issued by European Union Parliament and the Council of the European Union.".
...
Thus, based on the new regulations, amendments to flavorings used in food include flavorings falling into one of the following categories:
- Flavoring with Generally Recognized As Safe (GRAS) issued by the Flavor and Extract Manufacturers Association of the United States (FEMA);
- Flavourings used in food of the European Union issued by the European Union Parliament and the Council of the European Union.
From what date does Circular 17/2023/TT-BYT in Vietnam come into force?
Pursuant to Article 10 of Circular 17/2023/TT-BYT, Circular 17/2023/TT-BYT will come into force on November 9, 2023.
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