Regulations on handling complaints about food safety and hygiene in the medical field

Article 11 of Decision 44/2005/QD-BYT stipulates the settlement of complaints about food hygiene and safety in the medical field as follows:

1. Verify the application

1.1. For the complainant:

- Verify the content of the complaint;

- Request to provide evidence: Purchase invoice, liability contract between seller and buyer, food sample; name and address of sales establishment.

1.2. Check and verify at relevant units and individuals:

1.2.1. Check and verify at the distributor:

- Legal basis;

- Food purchase and sale invoices;

- Copy of receipt of dossier for declaration of food hygiene and safety quality standards of each product;

- Conditions for food business and preservation establishments;

- Check actual food shipments of the same type as the complained food;

- Implementation of food labeling regulations;

- Implementation of regulations on food advertising;

- Take food samples for testing (if necessary).

1.2.2. Check and verify at the manufacturing facility.

- Legal basis;

- Announcement of food hygiene and safety quality standards;

- Requirements on conditions of food production facilities;

- Requirements for operators, people directly involved in food production and trading;

- Requirements for ensuring food hygiene and safety;

- Requirements for food packaging, labeling and advertising;

- Implement regulations on food poisoning and food recalls;

- Take food samples for testing (if necessary).

1.2.3. Importer Check:

- Legal basis;

- Announcement of food hygiene and safety quality standards of each product.

- Implementation of state inspection of imported goods quality of each shipment for foods on the list of foods subject to state inspection.

- Food storage conditions;

- Food labeling.

1.3. Request for food sample testing:

- Local food testing laboratories:

+ Provincial and municipal Center for Preventive Medicine;

+ Department of Standards, Metrology and Quality under the Department of Science and Technology;

+ Pharmaceutical and cosmetic testing center (for some testing indicators for functional foods).

- Central food testing laboratories:

+ Regional institutes in the preventive medicine system of the Ministry of Health. In which, the test conclusion of the Institute of Nutrition is the final conclusion;

+ Testing Institute, Testing Sub-Institute (for some testing indicators for functional foods). In which the testing conclusion of the Testing Institute is the final conclusion;

+ Centers for Standards and Quality Measurement under the General Department of Standards and Quality Measurement - Ministry of Science and Technology;

+ Other agencies assigned by ministries and branches have the function and ability to test food hygiene and safety.

- Sampling must be carried out according to the correct procedure and must be performed by a competent authority.

1.4. Testing fees are implemented according to current regulations.

2. Conclusion

Based on the verification results, the results of food hygiene and safety inspection, and the provisions of law, it is concluded that:

- The content of the complaint is correct or incorrect (partially correct or completely correct, partially incorrect or completely incorrect);

- Food meets hygiene and safety standards;

- Food that does not meet standards, specify the criteria that do not meet standards and the standards for reference.

- Responsibilities of relevant agencies, organizations and individuals.

3. Recommendations

Based on the verification results and conclusions, recommend the competent authority to resolve the complaint:

- If the complaint is correct, recommend handling of the violating agency, organization or individual according to the provisions of Decree 45/CP dated June 4, 2004 of the Government on administrative sanctions for violations in the health sector and other relevant legal provisions; recommend handling of the exhibits according to regulations. In case there are signs of constituting a crime, the file must be transferred to the investigation agency according to regulations.

- If the complaint content is incorrect, we recommend that the complaint be rejected.

4. The competent authority issues a decision to resolve the complaint.