The Ministry of Justice is appraising the dossier of the draft decree replacing Decree 115/2018 of the Government regulating penalties for administrative violations of food safety amended and supplemented by Decree 124/2021. The draft is developed by the Ministry of Health.
People who directly process food without wearing hats, masks, or nails will be fined.
According to the Ministry of Health, the field of food safety directly affects people’s health and is receiving special attention from society, while violations tend to increase in both nature and severity, becoming increasingly sophisticated and complex.
However, the current sanctions are assessed as still low and not deterrent enough.
In the draft, the Ministry of Health proposed increasing fines by 1.5 – 2 times for many groups of behaviors.
Such as violating food safety assurance conditions, self-declaration, registration of declarations, testing, advertising, labeling, trading in food of unknown origin, using additives in violation of regulations, producing and trading in expired food.
The maximum fine in this field is kept at 100 million VND for individuals and 200 million VND for organizations.
In case the highest fine is applied but still lower than 7 times the value of the violating food, the penalty level can be increased to a maximum of 7 times the value of the violating goods.
In the draft, violations of general conditions to ensure food safety in the process of production, business, food preservation, food additives, processing aids, as well as with tools and packaging materials, containing direct contact with food will be penalized.
In which, for food businesses and stores selling cooked food, a fine of 2 – 4 million VND applies to acts such as using unsanitary tools, allowing insects to enter the processing area.
Along with that, use people who directly process food without wearing hats, masks, not cutting nails short, not using gloves when directly contacting cooked food, food immediately.
The act of wearing watches, bracelets, bracelets, eating, drinking, smoking, spitting in the food production area, food additives, food processing aids, tools, packaging materials, containing direct contact with food is also proposed to be fined at this level.
A fine of 6 – 10 million VND is proposed for acts of not performing or not performing in accordance with the provisions of law on the 3-step inspection regime.
Not implementing or not properly implementing the provisions of law on storing food samples. Equipment, means of transportation, preserving ready-to-eat meals, ready-to-use food that does not ensure hygiene; causing food pollution.
Sewage drainage ditches in the shop area and kitchen are stagnant. No toilets, hand washing places. No tools for collecting and storing waste and waste to ensure hygiene.
In case of using water that does not meet technical standards or does not ensure hygiene according to the corresponding provisions of law to process food, it is proposed to be fined 15 – 20 million VND.
The draft proposes a fine of 20 – 30 million VND for the act of using people directly processing food who are suffering from cholera, dysentery, typhoid fever, hepatitis A, E, infectious dermatitis, tuberculosis, acute diarrhea.
Using additives and processing aids of unknown origin may be fined 45 – 60 million VND.
For street food business, the draft proposes a fine of 1 – 2 million VND for the act of not having tables, cabinets, shelves, shelves, equipment, and tools that meet the provisions of law to display and sell food.
Food should not be covered to prevent dust, insects, and harmful animals from entering. Do not use gloves when directly contacting cooked food or immediate food.
Severe fines of more than 2 – 6 million VND for many acts including using processing tools, eating utensils, packaging materials, containing direct contact with food that does not ensure food safety according to the provisions of law.
Using food additives that are divided and pasted in violation of the provisions of law to process food. Using unhygienic water to process food, to clean equipment and tools for processing and eating.
The draft proposes a fine of 60 – 80 million VND for the act of using animals that died from diseases, epidemics or were destroyed for processing and trading food.
For acts of using additives and processing aids of unknown origin, a fine of 45 – 60 million VND may be imposed…