Individuals, organizations, and businesses operating in the production and trading of food products and food services are required to apply for a certificate of food safety eligibility. Furthermore, for food production facilities, this is also a prerequisite for organizations and individuals to proceed with product registration and announcement later. After 16 years of operation, LawFirm.Vn is proud to be one of the leading reputable and capable law firms in the field of applying for food safety eligibility certificates, as well as consulting on legal procedures arising during the business operations of hundreds of thousands of food businesses nationwide.
1. Legal Basis
- Law on Food Safety 2010;
- Decree 15/2018/ND-CP;
- Decree 115/20218/ND-CP.
2. What is a Food Safety Certificate?
A Food Safety Certificate is a type of license issued by a competent state agency to companies, individual business households engaged in food business activities, food production, restaurants, cafes, processing facilities, etc., to ensure that these facilities meet sufficient conditions for hygiene and food safety, thereby protecting consumer rights and serving state management of food.
3. Food production and business establishments must have a certificate of food safety eligibility
- Food service establishments, food processing establishments including: stores, stalls trading ready-to-eat food, cooked food, restaurants, catering facilities, canteens, and collective kitchens.
- Food business establishment is the performance of one, several or all activities of introducing, preserving, transporting services or trading food such as: food production facilities, food stores, supermarkets, markets.
If the aforementioned establishment has been granted one of the following certificates: Good Manufacturing Practices (GMP), Hazard Analysis and Critical Control Points (HACCP), Food Safety Management System ISO 22000, International Food Standard (IFS), Global Standard for Food Safety (BRC), Food Safety System Certification (FSSC 22000) or equivalent, and it is still valid, it will not be required to perform the procedure for issuing a food safety eligibility certificate.
4. Conditions for granting a Food Safety Eligibility Certificate
4.1. Food service establishments, food processing establishments must ensure the following conditions
- The kitchen must be arranged to prevent cross-contamination between unprocessed and processed food.
- Sufficient water meeting technical standards for processing and business.
- Waste collection and containment equipment must be hygienic.
- Drains in the store and kitchen area must be clear and free of stagnant water.
- The dining area must be airy, cool, well-lit, maintained in a clean condition, with measures to prevent insects and harmful animals.
- Equipped with food preservation facilities, clean restrooms, handwashing facilities, and daily waste and trash disposal.
- The head of the unit with a collective kitchen is responsible for ensuring food safety.
- Has registered food business lines in the Business Registration Certificate.
4.2. Food production and business establishments must ensure the following conditions
- Have a suitable location and area, with a safe distance from sources of toxicity, pollution, and other harmful factors;
- Have sufficient water meeting technical standards for food production and business;
- Have adequate equipment suitable for processing raw materials, manufacturing, packaging, preserving, and transporting different types of food; have adequate equipment, tools, washing and disinfection facilities, antiseptic water, and equipment for insect and pest control;
- Have a waste treatment system that is regularly operated in accordance with environmental protection laws;
- Maintain food safety assurance conditions and keep records of the origin and source of food raw materials and other documents related to the entire food production and business process;
- Comply with regulations on health, knowledge, and practices of individuals directly involved in food production and business.
- Has registered food business lines in the Business Registration Certificate.
5. Authority to issue food safety eligibility certificates
- The Department of Health issues food safety eligibility certificates for food service establishments and food processing establishments.
- The Department of Industry and Trade issues food safety eligibility certificates for food production and business establishments.
6. Application for a food safety eligibility certificate
- Application form for a food safety eligibility certificate;
- Copy of the Business Registration Certificate;
- Description of facilities, equipment, tools ensuring food hygiene and safety conditions as regulated by the competent state management agency;
- Health certificate of the facility owner and individuals directly involved in food production and business, issued by a district-level medical facility or higher.
- Certificate of training in food hygiene and safety knowledge of the facility owner and individuals directly involved in food production and business, as regulated by the Minister of the specialized management Ministry.
Note:
– All officers and employees in the unit applying for a food safety eligibility certificate must be healthy enough to ensure the facility’s operations. Health checks for officers and employees are one of the mandatory requirements in the procedure for applying for a food safety eligibility certificate.
– At the same time, officers and employees of the facility must participate in training on food hygiene and safety knowledge. The facility owner will have to undergo a test related to food hygiene and safety.
7. Process for applying for a Food Safety Eligibility Certificate
Step 1: Submit the application to the competent state agency as guided above
Step 2: Receive and process the application: Within 15 working days from the date of receiving a complete and valid application, the competent state agency inspects the actual food safety conditions at the food production and business establishment.
Step 3: Issue the food safety eligibility certificate if the conditions are met.
8. Sanctions for violations of food safety regulations
According to Article 18 of Decree No. 115/2018/ND-CP, administrative penalties for food safety violations are as follows:
- A fine of 20,000,000 VND to 30,000,000 VND shall be imposed for operating a food service business without a Food Safety Eligibility Certificate, except for cases not required to obtain a Food Safety Eligibility Certificate by law and violations specified in Clause 2 of this Article.
- A fine of 30,000,000 VND to 40,000,000 VND shall be imposed for producing or trading food without a Food Safety Eligibility Certificate, except for cases not required to obtain a Food Safety Eligibility Certificate and violations specified in Clause 3 of this Article.
- A fine of 40,000,000 VND to 60,000,000 VND shall be imposed for producing health protection food without a Food Safety Eligibility Certificate meeting Good Manufacturing Practices (GMP) for health protection food as stipulated by the law.
- Remedial measures
- Mandatory recall of food for violations specified in Clauses 2 and 3 of this Article;
- Mandatory change of use purpose or reprocessing or mandatory destruction of food for violations specified in Clauses 2 and 3 of this Article.
9. Validity period of the Food Safety Eligibility Certificate
The Food Safety Eligibility Certificate is valid for 03 years from the date of issuance.
Note: 06 months before the Food Safety Eligibility Certificate expires, organizations and individuals producing or trading food must submit an application for re-issuance of the Certificate if they continue to produce or trade.
