Violations against regulations on use of food additives and food processing aids in food production or processing

Violations against regulations on use of food additives and food processing aids in food production or processing in Vietnam (Internet image)

To this problem, LawNet would like to answer as follows:

1. What is food production and processing?

According to Clause 4, Article 2 of the Law on Food Safety 2010, food processing means a process of preparing preliminarily processed food or fresh and raw food by an industrial or manual method to create food materials or food products.

Food production means the conduct of one. several or all activities of cultivation rearing, harvest, fishing, exploitation, preliminary processing, processing, packaging and preservation in order to make food as prescribed in Clause 14, Article 2 of the Law on Food Safety 2010.

2. Violations against regulations on use of food additives and food processing aids in food production or processing in Vietnam

* Penalties for use of food additives and food processing aids in food production or processing in Vietnam according to Clauses 1, 2, 3, 4, 5, Article 5 of Decree 115/2018/ND-CP are as follows:

- A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for using food additives/ food processing aids that are on the list of permitted food additives/ food processing aids but expire or have unknown expiration dates.

- A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for one of the following violations:

+ Using food additives/ food processing aids that fail to satisfy requirements set forth in corresponding technical regulations or food safety regulations, except the violation prescribed in Point a Clause 5 of Article 5 of Decree 115/2018/ND-CP;

+ Failing to use food additives/ food processing aids that are on the list of permitted food additives/ food processing aids for the prescribed food type;

+ Using an amount of food additives/ food processing aids that are on the list of permitted food additives/ food processing aids in excess of the maximum allowable level.

- A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for using food additives/ food processing aids that have unknown origins.

- A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for using food additives or food processing aids that are banned or not on the list of permitted food additives or food processing aids but the product value is less than VND 10,000,000.

- A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for one of the following violations:

+ Using food additives/ food processing aids which contain or are contaminated by one of heavy metals or toxic substances in excess of the permissible levels;

+ Using food additives or food processing aids that are banned or not on the list of permitted food additives or food processing aids but the product value is VND 10,000,000 or more and the violation is not serious enough for criminal prosecution.

- A fine equal to 05 – 07 times the product value shall be imposed for the violation mentioned in Clause 5 of Article 5 of Decree 115/2018/ND-CP if the highest fine in the corresponding fine bracket is smaller than the product value multiplied by 07 but the violation is still not serious enough for criminal prosecution.

* Additional penalties in Vietnam according to Clause 7 of Article 5 of Decree 115/2018/ND-CP:

- The food production/ processing shall be partially or entirely suspended for a fixed period of 01 – 03 months if the violation prescribed in Clause 4 of Article 5 of Decree 115/2018/ND-CP is committed;

- The food production/ processing shall be partially or entirely suspended for a period of 03 – 05 months if the violation prescribed in Clause 5 of Article 5 of Decree 115/2018/ND-CP is committed;

- The food production/ processing shall be partially or entirely suspended for a fixed period of 10 – 12 months if the violation prescribed in Clause 6 of Article 5 of Decree 115/2018/ND-CP is committed;

- The certificate of registered product declaration shall be suspended for a fixed period of 20 – 24 months if the product is subject to mandatory registration of product declaration and any of the violations prescribed in Clause 5 and Clause 6 of Article 5 of Decree 115/2018/ND-CP is committed.

* Remedial measures in Vietnam according to Clause 7 of Article 5 of Decree 115/2018/ND-CP:

- Enforced destruction of foods, food additives and/or food processing aids if any of the violations prescribed in Article 5 of Decree 115/2018/ND-CP is committed;

- Enforced recall of the self-declaration form if the product is subject to mandatory self-declaration and any of the violations prescribed in Clause 5 and Clause 6 of Article 5 of Decree 115/2018/ND-CP is committed.

Vo Van Hieu

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