Food that is not safe after being recalled shall be handled according to the methods specified in Circular 17/2021/TT-BNNPTNT (effective from February 2, 2022), specifically as follows:
Article table of contents
How to handle unsafe food after recall? (Illustration)
(1) Fix product error, labeling error :
- Fixing product defects: applicable to food that can be handled by technical measures to ensure food safety;
- Correction of labeling errors: applicable to cases where food is not properly labeled according to regulations.
(2) Change of use purpose : applied to the case of unsafe food, affecting consumers' health, not being used as food but can be used for other purposes later. when handled appropriately.
(3) Re-export : applied to cases where imported food is unsafe and subject to re-export according to the provisions of law.
(4) Destruction : applied to food with a safety limit that does not conform to self-declared records, technical regulations, and food safety regulations that affect consumers' health. , cannot be repurposed or re-exported.
Note :
- In case of product recall according to the voluntary recall order specified in Article 10 of Circular 17/2021 , the establishment owner may choose to apply one of the following methods of handling the recalled product according to the above provisions. .
- In case of product recall according to the compulsory recall order specified in Article 11 of Circular 17/2021 , within 03 working days from the date of receipt of the report on product recall results, the agency shall issue a decision on recalling the product. The decision to recall must have a written consent to the form of product handling after the recall proposed by the owner.
In case of disagreement with the form proposed by the establishment owner, the agency making the recall decision must make a written statement clearly stating the reason for disagreement and provide a post-recall handling form for the establishment owner to apply.
Report on food handling results after recall
The handling of food after recall according to the decision on compulsory recall of the competent authority, the establishment owner must complete within a maximum of 03 months from the time the competent authority gives written consent. with the proposed handling form of the establishment owner.
* For product error correction form, labeling error:
- In case of voluntary withdrawal:
+ After finishing the remedy of product defects, labeling errors, the establishment owner must send a written notice clearly stating the name and quantity, together with proof of remedied, to the competent food safety agency. Products.
+ After sending the notice, the establishment owner is allowed to circulate food;
- In case of compulsory recall :
+ After finishing the remedy of product defects, labeling errors, the establishment owner must send a written notice clearly stating the name and quantity, together with proof of remedied, to the agency that makes the decision to recall the food. .
+ Within 03 working days after receiving the establishment's report, the agency issuing the recall decision must give written consent on the circulation of the product. In case of disagreement, it must clearly state reason.
+ The owner of the establishment is only allowed to circulate food when there is a written consent from the agency making the decision to recall food.
* For the form of change of use purpose:
- After completing the conversion of food use purposes, the establishment owner must send a written report on the conversion of food use purposes, clearly stating the name, quantity, time, and field of conversion of food use purposes. application, together with evidence of the change of food purpose, to the competent food safety authority or the authority making the recall decision.
- The buyer of food that does not ensure food safety may only use such food according to the intended use that has been reported to the competent authority on food safety and stated in the contract.
* For re-export form:
After completing the re-export of food, the establishment owner must send a written report on the re-export of food, clearly stating the name, quantity, country of origin, time of re-export, enclosed with the re-export dossier to the establishment. food safety authority and food recall decision-making body.
* For the form of destruction:
After completing the destruction of food, the establishment owner must report in writing on the destruction of food, clearly stating the name, quantity, time of completion of the destruction, the location of destruction, enclosed with the minutes. destroy food, certified by the organization performing the destruction, to the competent food safety agency or the agency that issues the decision to recall food.
| - Voluntary recall is the recall of food carried out by an organization or individual that produces or trades in food on its own when detecting or receiving feedback from an organization or individual about unsafe food. safe and not subject to a mandatory recall. Compulsory recall is the recall of unsafe food according to a recall decision of a competent agency specified in Articles 15, 16 and 17 of Circular 17/2021 or recall according to the provisions of law. Law on handling of administrative violations of food safety. Such as: + Food that poses a serious risk to public health and is distributed in many provinces and cities; + Foods that pose a risk to consumers' health are distributed to consumers through non-traditional food distribution channels such as e-commerce sites; selling goods online (online) through digital platforms; Online ordering/delivery applications that have not identified the person responsible for the recall or the facility responsible for the recall is unable to act in a timely manner to prevent the risk of food insecurity. |
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