Who does not need a food safety certificate? What are the conditions for ensuring food safety in this case? What is the penalty for violating food safety certificates?
8 subjects do not need to apply for food hygiene and safety license
Pursuant to Article 12 of Decree 15/2018/ND-CP, establishments that do not need to register for a food safety certificate include:
- Small processing facilities;
- Small scale production facility;
- Hotel restaurant;
- No fixed location for food production and business;
- Street food business, prepackaged food, small retail food;
- Collective kitchens are not registered for food business;
- Production and trading of materials and tools for packaging and containing food;
- The facility has been granted one of the following certificates:
- GMP – Good Manufacturing Practice;
- IFS – International Food Standard;
- ISO 22000 Food Safety Management System;
- BRC – Global standard for food safety;
- FSSC 2000 – Food Safety System Certificate;
- HACCP – Hazard Analysis and Critical Control Point System;
- Other certificates of equivalent value are still valid.
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If you are a food service business, food processing, food production or trading establishment and do not fall into the above cases, you are required to carry out food hygiene and safety registration procedures.
See also:
>> Food safety registration procedures;
>> Food safety license service.
Conditions to ensure food safety for establishments that do not need a food safety certificate
Although it is not necessary to register for a food safety certificate, to start business operations, the above establishments still need to comply with the corresponding food safety conditions, such as:
➧ For small-scale production facilities:
- Ensure safe distance from sources of pollution and toxicity;
- There is enough water that meets technical standards to serve processing and business activities;
- Comply with environmental protection laws when collecting and treating waste;
- Equip suitable equipment that does not cause pollution or toxicity to food during production and business;
- Use of food processing aids, food additives, chemicals, raw materials, tools, food containers and packaging materials when preparing, processing and preserving food;
- Maintain food safety conditions and retain information related to purchases and sales to ensure traceability of food when needed;
- Comply with regulations on health, knowledge and practices of people directly involved in food production and trading.
➧ For street food businesses:
- Conditions for food sales locations:
- Isolate sources of pollution and toxicity;
- Display food on shelves, racks, and vehicles to ensure food safety and hygiene and street aesthetics;
- Conditions for business people as well as raw materials and utensils for storing food and drinks:
- Have enough water that meets technical standards for processing and business;
- Use only food and drink containers that ensure food hygiene and safety;
- Ingredients used in food processing are safe, with clear origin and source;
- Equip tools to protect food from external environmental influences such as dust, sun, rain, insects and harmful animals;
- Ensure that packaging or materials in direct contact with food do not contaminate or pollute food;
- Comply with regulations on health, knowledge and practice for people directly involved in food production and trading.
Penalties for violating food safety regulations
As mentioned above, if the facility is not on the list of entities not eligible for the above-mentioned certificate, it must comply with the regulations on food hygiene and safety licenses. In case of violation, according to the provisions of Article 18 of Decree 115/2018/ND-CP, depending on the violation, you will be subject to different corresponding administrative penalties, specifically:
- Fine from 20,000,000 VND to 30,000,000 VND: Act of operating food services without a food safety certificate;
- Fine from 30,000,000 VND to 40,000,000 VND: Act of producing and trading food without a food safety certificate;
- Fine from 40,000,000 VND to 60,000,000 VND: Act of producing health protection foods without a food safety certificate.
Some frequently asked questions about food safety certificates
1. In which cases is a food safety certificate not required?
Cases not subject to food safety qualification certificate include:
- Small processing facilities;
- Small scale production facility;
- Hotel restaurant;
- No fixed location for food production and business;
- Street food business, packaged food, retail food…
>> See details: Cases where a food safety license is not required.
2. What procedures do establishments that need to apply for a food safety certificate need to follow?
Food safety registration procedures include the following steps:
- Step 1: Prepare complete application for food safety certificate;
- Step 2: Submit the application to the food safety certification authority (depending on the scale and business sector, the certification authority will be the Ministry of Industry and Trade, Ministry of Health or Ministry of Agriculture and Rural Development);
- Step 3: Wait to receive the certificate of food safety qualified facility.
3. What is the fine for not having a food safety certificate for food service establishments?
Food service establishments that do not have a food safety certificate will be fined from VND 20,000,000 to VND 30,000,000 (as stipulated in Article 18 of Decree 115/2018/ND-CP).
4. What are the remedial measures when a food production and trading establishment or health food production establishment does not have a certificate of food safety eligibility?
According to Clause 4, Article 18 of Decree 115/2018/ND-CP, the remedial measures in this case are:
- Forced food recall;
- Forced destruction or recycling or change of food use.
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