Enterprises producing or selling food now eligible to the right to product self-declaration

From 2 February 2018, the implementation of food product self-declaration and the issue of certificate of food safety conditions undergo many changes.

1. Regarding procedures for product self-declaration

a. With respect to health supplements, mixed food additives with new uses, food additives that are not on the list of permitted food additives, the declaration dossier will be submitted to the Ministry of Health;

b. With respect to medical foods, food for special dietary uses, dietary products for children up to 36 months,  the declaration dossier will be submitted to the Department of Health;

c. With respect to other cases, the enterprise will conduct self-declaration according to instructions; and

d. Products, raw materials that are manufactured or imported for production or processing of exports or internal production and are not sold domestically are exempt from self-declaration.

2. Exemption from the certificate of food safety (“Certificate”)

The following subjects are exempt from the Certificate: (i) Mobile food manufacturers and sellers; (ii) Micro food processors; (iii) Manufacturers and sellers of instruments and materials for wrapping and storing food; (iv) Restaurants within hotels; (v) Industrial kitchens not registered as a food business; (vi) Street food vendors; (vii) Any food business that has one of the International Certificate.

The above are some highlights of Decree No. 15/2018/ND-CP of the Government elaborating some articles of the Law on Food Safety. Decree No. 15/2018/ND-CP officially comes into effect from the date of its issuance, replacing Decree No. 38/2012/ND-CP.