Circular No. 23/2018/TT-BYT dated September 14th, 2018 of the Ministry of Health on recall and disposal of disqualified foods under management of the Ministry of Health
Similar to the earlier regulations, the recall of foods which fail to satisfy corresponding food safety requirements under this Circular also includes 2 types: Voluntary recall and mandatory recall. read more
However, this Decree supplements the regulations according to which product owner has to send product recall notification to these agencies: provincial mass media agencies and central mass media agencies (if the recall involves two provinces or more), other relevant authorities and organizations as regulated by the soft law on protection of consumer rights and food safety authorities
Within 03 days from the completion of the recall, the product owner must submit a report on the recall of products to food safety authorities according to the Form No. 01 enclosed with this Circular. Under the earlier regulations , such time limit was not regulated.
In addition, Article 6 of this Circular supplements regulations on enforced recall in case a product owner fails to carry out the recall or conducts the recall inconsistently with the mandatory recall decision issued by a competent authority. Upon the completion of the recall and disposal of recalled products, the authority carrying out the recall and disposal of recalled products shall give a written notification requesting the product owner to pay expenses arising during the recall.
However, under the new regulations, with regard the voluntary recall, the product owner shall himself/herself select an appropriate measure for disposing of recalled products.
This Circular takes effect from November 1st, 2018.
To abolish Circular No. 17/2016/TT-BYT dated June 30th, 2016 and Decision No. 4930/QD-BYT dated September 15th, 2016.
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