Thông tư 27/2012/TT-BYT hướng dẫn việc quản lý phụ gia thực phẩm do Bộ trưởng Bộ Y tế ban hành

CIRCULAR

GUIDANCE ON THE MANAGEMENT OF FOOD ADDITIVES

Pursuant to the Law of Food safety dated June 17th 2010;

Pursuant to the Government's Decree No. 38/2012/ND-CP dated April 25th 2012, detailing the implementation of a number of articles of the Law of Food safety;

Pursuant to the Government's Decree No. 63/2012/ND-CP dated August 31st 2012 defining the functions, tasks, powers and organizational structure of the Ministry of Health;

At the proposal of the Director of Vietnam Food Administration;

The Minister of Health issues a Circular guiding the management of food additives:

Article 1. Scope of regulation

This Circular specifies:

1. The list of permissible additives in the production, processing, and trade of foods, and the maximum limits on the amount of additives in food products;

2. The requirements for the management of food additives.

Article 2. Interpretation of terms and abbreviations

In this Circular, the terms and abbreviations below are construed as follows:

1. CAC: Codex Alimentarius Committee

2. GMP: Good Manufacturing Practices

3. ML – Maximum level - the maximum amount of an additive which is considered effective and safe when it is used for a kind of food or group of foods. The unit of measurement of maximum limit is mg per kg of food (mg/kg);

4. INS – International Numbering System: the system for numbering additives provided by CAC;

5. Food Category Number: is the number of a kind or group of foods according to the Food classification system developed by CAC for the purpose of managing food additives;

6. The uses of food additives include:

a) Producing, processing, trading, and importing food additives;

b) Producing, processing, trading, and using food products that contain food additives.

Article 3. Prohibited acts when using food additives

1. Using the food additives that are not in the list of permissible food additives prescribed in Annex 1 enclosed with this Circular.

2. Using the food additives more than the permissible limit, and not for the right foods as prescribed in Annex 2 enclosed with this Circular.

3. Using the food additives that do not completely satisfy the management requirements prescribed in Article 6 of this Circular.

4. Using food additives from unknown origins, or using expired food additives.

Article 4. The list of permissible food additives

The list of permissible food additives is provided in Annex 1 enclosed with this Circular.

Article 5. Maximum limits of food additives

The maximum limits of food additives food additives are provided in Annex 2 enclosed with this Circular.

Article 6. Requirements for the management of food additives.

1. The facilities that produce and trade food additives must satisfy the requirements prescribed in the Circular No. 16/2012/TT-BYT dated October 22nd 2012 of the Ministry of Health, on the Regulation on the food safety conditions applicable to the facilities that produce and trade foods, instruments and materials for wrapping and storing food under the management of the Ministry of Health.

2. The conformity or compliance to food safety regulations of food additives must be declared before producing, trading, importing, and using them for producing and processing foods.

The order and procedure for the Declaration of conformity or declaration of compliance to food safety regulations are specified in the Circular No. 19/2012/TT-BYT dated November 09th 2012 of the Ministry of Health, guiding the Declaration of conformity and declaration of compliance to food safety regulations.

3. The application of GMP to food production and processing must ensure that:

a) The amount of food additives necessary for satisfying the technical requirements is minimized;

b) The amount of additives used during the production, processing, preservation, packaging, and transit of foods does not change the nature of foods.

4. The food additives are labeled in accordance with law.

Article 7. Terms of transition

The food additives and food products that use food additives that have been issued with Certificates of Product standard before this Circular takes effect may still be used until the expiry dates of the Certificates.

Article 8. Examination, amendment, and supplementation

Depending on the management requirement in each period, based on the product standards or guidance from CAC, Vietnam Food Administration shall consider and request the Ministry of Health to amend and supplement this Circular in order to develop domestic production and conform to international practice.

Article 9. Terms of reference

When the law documents and regulations cited in this Circular are changed or superseded, the new law documents shall apply.

Article 10. Implementation

1. This Circular takes effect on February 01st 2013. The regulations related to food additives (not including the permissible food flavorings) in” The Regulation on the List of permissible food additives, enclosed with the Decision No. 3742/2001/QĐ-BYT dated August 31st 2001, and the Regulation on the food safety and hygiene conditions in the production, trade and use of food additives, enclosed with the Decision No. 928/2002/QĐ-BYT dated March 21st 2002 of the Minister of Health are annulled from the effective date of this Circular.

2. Vietnam Food Administration shall preside and cooperate with relevant functional agencies in guiding and organizing the implementation of this Circular./.

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