Draft of the Food Safety Law replacing the Food Safety Law2010
Description
1. This Law provides regulations on:a) The rights and obligations of organizations and individuals in ensuring food quality and safety;
b) Conditions for ensuring the quality and safety of food, food ingredients, food additives, and food processing aids;c) Conditions for business establishments; import and export; testing;d) Risk analysis, prevention, control, and remediation of incidents;e) Information, education, and communication;f) Responsibilities of state management for food safety, food ingredients, food additives, and food processing aids.2. Structure:The Draft Law consists of 51 Articles divided into 11 Chapters, with the following main contents:- Chapter I. General Provisions (Articles 1 to 6)- Chapter II. Rights and Obligations of Organizations and Individuals to Ensure Food Safety Conditions (Articles 7 to 10)- Chapter III. Conditions for Ensuring the Safety and Quality of Food and Food Ingredients (Articles 11 to 16)- Chapter IV. Conditions for Food and Food Ingredient Business Establishments (Articles 17 to 21)- Chapter V. Import and Export of Food and Food Ingredients (Articles 22 to 25)- Chapter VI. Advertisement and Labelling of Food, Food Ingredients, Food Additives, and Food Processing Aids (Articles 26 to 27)- Chapter VII. Testing of Food, Food Ingredients, Food Additives, and Food Processing Aids (Articles 28 to 30)- Chapter VIII. Risk Analysis and Management for Food, Food Ingredients, Food Additives, and Food Processing Aids (Articles 31 to 38)- Chapter IX. Information, Education, and Communication on Food (Articles 39 to 43)- Chapter X. State Management of Food Safety (Articles 44 to 49)- Chapter XI. Implementation Provisions (Articles 50 to 51)3. Key Changes:- Amend and supplement certain terminologies: health-protective food, medical nutrition food, food for special dietary purposes, food supplements, micronutrient-enhanced food, small-scale food business establishments, food ingredients, semi-finished food products, counterfeit food, testing, and trials;- Amend and supplement certain policies in line with practical realities: establish a national food database interconnected with the national and specialized databases; develop a food information system; and strengthen the management of e-commerce, traceability, and food control;- Add several strictly prohibited practices regarding advertising and conducting business in the e-commerce environment;- Amend and supplement the specific monetary penalties for administrative violations;- Clarify the rights and responsibilities of production and business establishments, and add the rights and responsibilities for entities registered for circulation;- Conditions for ensuring the safety and quality of food and food ingredients;- Conditions for establishments engaged in the business of food and food ingredients;- Conditions for ensuring the safety of imported and exported food and food ingredients;- Advertising and labelling of food;- Testing of food, food ingredients, food additives, and food processing aids;- State management of food: establish and amend the responsibilities for food safety inspections in accordance with the framework law; specifically define the responsibilities of the ministries; remove provisions regarding the powers and duties of food regulatory bodies and assign the government to stipulate the specific responsibilities of food safety management agencies; clearly define the tasks and powers of inspection teams and add provisions on the principles, forms, and timeframes of food quality and safety inspections; and add provisions on handling overlaps in food quality and safety inspections.