Current status of nutrition & health claims in vietnam

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Current status of nutrition & health claims in vietnam

  1. 1. CURRENT STATUS NUTRITION LABELING AND CLAIMS IN VIET NAM LE THI HONG HAO Ph.D. NATIONAL INSTITUTE FOR FOOD CONTROL OF VIETNAMAddress: 13 – Phan Huy Chu str. – Hoan Kiem dist– Hanoi City – Vietnam 1
  2. 2. CONTENTS1. Vietnam food hygiene and safety management network2. Food labeling and product claims legislations in Vietnam3. Structure of the Decree No. 89/2006/ND-CP on Goods labeling4. Procedure of product claims based on Decision No. 42/2005/QD-BYT5. Conclusion 2
  3. 3. PART I.FOOD HYGIENCE AND SAFETY MANAGEMENT NETWORK IN VIETNAM 3
  4. 4. FOOD HYGIENCE AND SAFETY MANAGEMENT NETWORK IN VN GOVERNMENT MARD MOH MOIT production, collection, production, processing, production, processing,Stages slaughter, processing, storage, transportation, storage, transportation,control storage, transportation, export and import export and import export and import business business business cereals, meat and meat food additives, food wine, beer, soft drinks, products, aquatic and processing aids, processed milk ,Products aquatic products, bottled water, natural vegetable oil, flour andcontrol vegetables, tubers, fruits mineral water, processed starches and and vegetable products, functional foods and other foods fruits, eggs and egg other foods products, raw milk, honey and honey products from genetically modified foods, salt and other agricultural products 4
  5. 5. MOH - Food Rerence laboratory FOOD HYGIENCE AND SAFETY Food compositions CONTROL NETWORK IN VN VFA - Food additives and food processing aids - Minerals and heavy metals - Microorganisms - Pesticide residues - Food toxicants NIFC - GMO, antibiotics - Prepare reference material NIN TIHE NPI IHPH - Food compositions - Food compositions - Food compositions - Food compositions - Food additives and - Food additives and - Food additives and - Food additives and Food food processing aids food processing aids food processing aids food processing aids testing - Minerals and heavy - Minerals and heavy - Minerals and heavy - Minerals and heavy metals metals metals metals - Microbiologies - Microbiologies - Microbiologies - Microorganisms - - Pesticide residues - Pesticide recidures - Pesticide recidures Pesticide residues Food toxicants - Food toxicants - Food toxicants - Food toxicants PMCs 29 Northern 5 Central Highlands 11 Central provincial 19 Southern provincial PMCs provinccial PMCs PMCs (from Quang provincialPMCs (KonTum, Gia Lai, Binh to Binh Thuan (South East, South Daklak, Daknong, Lam provinces) West and Ho Chi Dong) Minh city)District District Medical Offices, district health centersCommunes Commune Health Stations 5
  6. 6. PART II.FOOD LABELING AND CLAIMS LEGISLATION IN VIETNAM 6
  7. 7. REGULATIONS RELATED TO FOOD LABELING• Decision 178/1999/QD-TTg dated 30.08.1999 on "Regulation on labeling of goods for goods produced for domestic circulation, import and export goods for consumption in Vietnam and goods production for export. "• Decision 95/2000/QD-TTg dated 08.15.2000 on adjusting and supplementing a number of issues together with Decision 178/1999/QD- TTg.• 34/1999/TT-BTM Circular dated 15/12/1999 guiding the implementation of Decision 178/1999/QD-TTg.• Circular dated 30/6/2000 15/2000/TT-BYT on food labeling guidelines.• Decree 74/2000/ND-CP dated 06/12/2000 on labeling regulation substitutes for breast milk• TCVN 7087 :2002 (Codex Stan 1-1991) labeling of prepackaged foods• TCVN 7088 : 2002 (CAC/GL 2 - 1993 ) Guidelines on nutrition labeling• TCVN 7089:2002 General standard for the labeling of food additives• Decree No. 89/2006/ND-CP on Goods labeling 7
  8. 8. REGULATIONS RELATED TO PRODUCT CLAIMS• Published regulations on quality standards of products and goods (Issued together with Decision No. 03/2006/QD- BKHCN on 10/01/2006 of the Minister of Science and Technology).• REGULATION OF PRODUCT DISCLOSURE OF FOOD STANDARDS (Issued together with Decision No. 42/2005/QD - BYT December 8, 2005 the Minister of Health) 8
  9. 9. PART III.Decree No. 89/2006/ND-CP on Goods labeling Structrure (5 chapter and 29 article) 9
  10. 10. Structure of the Decree Chapter I. GENERAL PROVISIONSArticle 1. ScopeArticle 2. Application objectsArticle 3. DefinitionsArticle 4. Applicable international agreementsArticle 5. Goods must be labeledArticle 6. Location of labelsArticle 7. Size of labelsArticle 8. Color of letters, symbols and images on labelsArticle 9. Language used on labelsArticle 10. Responsibility for labeling 10
  11. 11. Structure of the DecreeChapter II. HOW TO WRITE AND CONTENTS OF GOODS LABELSArticle 11. Content must appear on labelsArticle 12. Content required on the label must reflect the nature of the goodsArticle 13. Name of goodsArticle 14. Names and addresses of organizations and individuals responsible for the goodsArticle 15. Quantity of goodsArticle 16. Production date, expiry date, shelf-lifeArticle 17. OriginArticle 18. Ingredients, ingredient quantitiesArticle 19. Specifications, information, hygiene warning, safetyArticle 20. Other items shown on labels 11
  12. 12. Structure of the DecreeChapter III. STATE MANAGEMENT RESPONSIBILITIES OF GOODS LABELS Article 21. Responsibilities of the Ministry of Science and Technology Article 22. Responsibilities of ministries, ministerial-level agencies, Government agencies Article 23. Responsibilities of Peoples Committees of provinces and cities under direct Central Administration Peoples Committees of provinces and centrally within the duties, powers, implementing state management on local labels. 12
  13. 13. Structure of the Decree Chapter IV. HANDLING OF VIOLATIONS OF GOODS LABELSArticle 24. Competence to handle violations of labelsArticle 25. Handling of violations committed by organizations and individuals manufacturing business, agent, export, importArticle 26. Handling of violations committed by organizations and individuals under the State management agenciesArticle 27. To settle complaints and denunciations 13
  14. 14. Structure of the Decree Chapter V. IMPLEMENTATION PROVISIONSArticle 28. EffectArticle 29. Responsibility for implementation 14
  15. 15. Decree No. 89/2006/ND-CP on Goods labeling Contents 15
  16. 16. Article 5. Goods must be labeled1. Goods for Domestic circulation, exports, imports must be labeled under the provisions of this Decree, except for cases stipulated in clauses 2, 3 and 4 of this Article.2. Goods not required to label: a) The goods are fresh food, living food, food processing and packaging does not sell directly to consumers; b) Goods are fuel, raw materials (agricultural, fisheries and minerals), building materials (brick, tile, lime, sand, stone, gravel, cement, soil, mortar, concrete mix commercial products), waste (in production or business) without the packaging and for sale under direct agreement with consumers. 16
  17. 17. 3. Where organizations and individuals to import foreign goods of Vietnam labeling requirements under purchase contracts for goods and take responsibility for their claims, the organization or individual shall export goods under contract with the required conditions did not distort the nature of the goods, not violation of the law of Vietnam and the law of the importing country.4. Goods on the field of security and defense is radioactive goods, goods used in emergencies in order to overcome natural disasters and epidemics; transport railway, waterway, airway; found by agencies of state confiscation of auction and liquidation have separate regulations. Specialized management ministries shall, in coordination with the Ministry of Science and Technology labeling regulations in the cases specified in this paragraph. 17
  18. 18. Article 9. Language used on labels1. The content shown on the required label must be written in Vietnamese, except for cases stipulated in Clause 4 of this Article.2. For Goods produced and circulated in the country, in addition to implementing the provisions of Clause 1 of this Article, the content shown on the label can be written in another language. Content in the other language should be equivalent to the content in Vietnamese. Size of text written in other language shall not be not larger than the size of the text in Vietnamese. 18
  19. 19. 3. For goods imported into Vietnam, when the content on the label does not fully meet the required content in Vietnamese language, there must be additional labels showing the content required in Vietnamese and keep original labels of the goods. Content in Vietnamese language be equivalent to the original content on labels.4. The following items are allowed in the original language using Latin letters : a) The international or scientific name of the drug for human use in case there is no equivalent Vietnamese name; b) The international or scientific name together with the chemical formula, structural formula of chemicals; c) The international or scientific of ingredients, ingredient quantities of goods in case they can not be translated into Vietnamesese or translated Vietnamese term has no meaning; d) The name and business address of foreign manufacturer or forgein franchised producer. 19
  20. 20. Article 11. Content must appear on labels1. Goods labels must show the following: a) Name of goods; b) Name and address of organizations and individuals responsible for the goods; c) Origin of goods.2. In addition to the contents prescribed in Clause 1 of this article, depending on the nature of each type of goods, there must be on labels required content specified in Article 12 of this Decree and the provisions in the related legal documents, ordinances. 20
  21. 21. Article 12. Content required on the label must reflect the nature of the goods1. Agriculture Food product: 4. Alcohol: a) quantitative; a) quantitative; b) Date of manufacture; b) ethanol concentration; c) Expiry date. c) Guide on maintenance (for2. Food: wine). a) quantitative; 5. Cigarettes: b) Date of manufacture; a) quantitative; c) Expiry date; b) Date of manufacture; d) Content or quantitative components; c) Information, hygiene warning, e) Information, hygiene warning, safety and health. safety; 6. Food additives: f) Instructions for use, storage a) quantitative; instructions. b) Date of manufacture;3. Beverages (except alcohol): c) Expiry date; a) quantitative; d) Content or quantitative b) Date of manufacture; components c) Expiry date; e) Instructions for use, storage d) Content or quantitative components; instructions. e) Information, hygiene warning, safety; f) Instructions for use, storage instructions. 21
  22. 22. Article 13. Name of goodsName of goods are defined by organizations andindividuals producing and trading goods set Name of set.goods must not misrepresent the nature and function ofgoods.Where the name of the ingredient is used as the name orpartial name of the goods, the quantity of that ingredientmust be shown, except the cases stipulated in Clause 4,Article 18 of this Decree. 22
  23. 23. Article 15. Quantity of goods1. Goods are quantified by measuring quantities prescribed by the law of Vietnam on metrology.2. Goods are quantified by the number of counts must be shown by nature.3. Where in a commercial packaging unit has many goods, they must record the quantity of each goods unit and total quantity of units or quantities of goods of each unit quantity of goods and commodities unit .4. The quantity of goods are presented following the modes specified in Annex I of this Decree. 23
  24. 24. Article 18. Ingredients, ingredient quantities1. Ingredients are registered materials including additives used to produce goods and finished products exist in the form even where the material has been altered. Where the name of the ingredient listed on labels to draw attention to the composition of goods that must be shown quantitatively.2. Ingredients and quantities are recorded together with the composition of each component. Depending on the nature and status of goods, the quantities of ingredients are presented as the mass of that ingredient in a product unit or as one of the ratios: mass/mass, mass/volume, volume/volume, percentage volume; percent by volume.3. For some commodities, the credit component, ingredient quantities are defined as follows: a) food ingredients must be in order from high to low in volume. With an additive component, there must be an additive group name, name of the additive, international code (if any). In case of a flavoring, sweetener, coloring besides the content It must be shown the substance is "natural" or "synthetic"; b) With respect to drugs, vaccines, medical bio-products, biological products, veterinary drugs, plant protection agents, there must be composition and concentration of the active ingredient; c) For cosmetic ingredients, it must include additives;4. Modes of presentation of Ingredients, ingredient quantities different from those stipulated in Clause 3 of this Article are specified in Annex III of this Decree. 24
  25. 25. PART IV. PRODUCT QUALITY CLAIMS PROCEDURE 25
  26. 26. Goods standard Claim According to Decision No. 03/2006/QD-BKHCN on 10/01/2006 of the Minister of Science and Technology, In article 2, item 1.b, for products and goods on the list of products, goods subject to applicable industry standards or other standards (including international, regional and foreign standards or Vietnam standards) instructions are given by the Ministry in charge specialized management regulations.Therefore, we follow MOH regulations 26
  27. 27. Claim Procedure• Step 1: Product facilities submit the product claims records to Food management authorities for registration.• Step 2 : The authorities receive dossiers, receive document, return receipt to the applicants.• Step 3: The state authority agency specified check for conformance with the provisions of the dossier. If the file is not valid, after 07 working days a written documents to the trader asking for completing set the dossier . Additional Profiles accented letter dated receipt of additional records.• Step 4: Evaluation review after 10 working days from the date of receiving the complete dossier and valid assessment instrument established by the rules of the competent authorities for approval• Step 5: Check the results for base and record• Manners: Through the mail or direct deliver to food administration offices 27
  28. 28. Decision No. 42/2005/QD-BYT the Minister of Health Structrure (4 chapter and 13 article) 28
  29. 29. Structure of the Regulation Chapter I. GENERAL PROVISIONSArticle 1. Scope and Application objectsArticle 2. Definitions 29
  30. 30. Structure of the RegulationChapter II. DOSSIER AND PROCEDURES STANDARD PRODUCTS CLAIM Article 3. The Claim dossier Article 4. Claim Procedure Article 5. Regulations on coding for product cetificate Article 6. Responsibilities of traders 30
  31. 31. Structure of the RegulationChapter III. DOSSIER AND PROCEDURES EXTENSION PRODUCTS STANDARD CLAIMArticle 7. The extension claim dossierArticle 8. Extension Claim procedures 31
  32. 32. Structure of the RegulationChapter IV. EXAMINATION, INSPECTION,FEE AND REPORT Article 9. Periodical Examination Article 10. Sampling methodology for Periodical Examination Article 11. Decentralization periodical Examination Article 12. Unforeseen Inspection, examination Article 13. Fees and reports 32
  33. 33. Decision No. 42/2005/QD-BYT the Minister of Health Contents 33
  34. 34. Article 3. The claim dossier1. For domestically produced food and materials of direct contact withfood product (packaging), establish 02 copies of dossier, eachcomprising:a) The product standardsb) The manufacturer’s standards issued by the trader (stamped)c) Certificate of business registration of Vietnamese traders or permitof the establishment of representative offices of foreign companies(notarized copies).d) Certificate of analysise) A labeled specimen and a label or the draft label in accordance withlaw on labeling (stamped by traders).f) An application for a certificate of basic sanitary conditions, foodsafety issued by competent state agencies or the certificates issued(copy).g) Copy of certificate of trademark owners (if any).h) Copies of receipts for payment of appraisal fees and fees for recordlevels of certification bodies competent for certification.i) For food irradiation, genetically modified food, new technologies orproducts in raw material composition containing GMO origin, irradiatedin the published record must have a copy of the certificate biosafety,radiation safety and production process explanation. 34
  35. 35. Article 3. The dossier claim2. For imported food: For imported foods is not special foods mentioned in Clause 10, Article 2, the record made in 2002, each comprising: a) As the points a, b, Clause 1 of this Article. b) Certificate of business registration of traders Vietnam or permit the establishment of representative offices of foreign companies (notarized copies). c) Standard Products (Products Specification) d) The product label or photographs of the label and the draft contents of additional labels e) a notarized copy of a foreign country or in one of the following certificates (if any): Certificate of GMP (Good Manufacturing Practices), HACCP (Hazard Analysis system and critical control point ) or equivalent certificate. f) Copies of receipts for payment of appraisal fees and fees for record levels of certification bodies competent for certification. g) Copy of commercial contracts (if any). h) For food irradiation, genetically modified foods must have a copy of the certificate for export used for the same purpose on the territory of that country and explanatory processes. 35
  36. 36. V. CONCLUSION• The first vietnamese Food law was issued in June 2010 and will be effective from July 2011.• Now, ongoing circulars are being developed as guide to application of food law.• Circular on instructions on food labeling has also been established in compliance with international guidance. 36
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