This English version is an operational reference translation only and is not an official legal translation.

Pursuant to the Law on Food Safety dated 17 June 2010 and Decree No. 38/2012/ND-CP dated 25 April 2012 elaborating several articles of the Law on Food Safety;

Pursuant to the Law on Standards and Technical Regulations dated 29 June 2006 and Decree No. 127/2007/ND-CP dated 01 August 2007;

Pursuant to Decree No. 63/2012/ND-CP dated 31 August 2012 defining functions, tasks, powers and organizational structure of the Ministry of Health;

At the request of the Director General of the Vietnam Food Administration, the Minister of Health promulgates this Circular.

Article 1. QCVN 12-4:2015/BYT – National technical regulation on safety and hygiene for glass, ceramic, porcelain and enameled implements, containers and packaging in direct contact with food is promulgated together with this Circular. From the effective date of this Circular, Section 4.1 and Section 4.2, Part 4 of the food-contact packaging and implements hygiene requirements issued with Decision No. 46/2007/QD-BYT are repealed.

Article 2. This Circular takes effect on 01 May 2016.

Article 3. The Director General of the Vietnam Food Administration, heads of units under the Ministry of Health, Directors of provincial Departments of Health and relevant organizations and individuals are responsible for implementation.

FOR THE MINISTER
DEPUTY MINISTER

Nguyen Thanh Long

Foreword. QCVN 12-4:2015/BYT was prepared by the drafting committee, submitted by the Vietnam Food Administration and issued together with Circular No. 35/2015/TT-BYT dated 28 October 2015 of the Minister of Health.

I. GENERAL PROVISIONS

1. Scope. This regulation provides technical and management requirements for food safety and hygiene of glass, ceramic, porcelain and enameled implements, containers and packaging in direct contact with food.

2. Regulated entities. This regulation applies to importers, producers and sellers of such products in Vietnam and relevant state authorities.

3. Definitions. Flatware means products whose internal depth is not greater than 25 mm. Hollowware means products whose internal depth is greater than 25 mm. Enameled ware means glass, ceramic, glass-ceramic, porcelain or metal articles coated with vitreous or porcelain enamel. Drinking rim means the 20 mm wide external surface measured from the vessel mouth downward along the wall.

II. SPECIFICATIONS

1.1. Technical requirements for glass implements, containers and packaging

Note: units are mg/l of the extraction solution, or mg/dm² of the food-contact surface area, as applicable.

1.2. Technical requirements for ceramic and glass-ceramic implements, containers and packaging

Note: units are mg/l of the extraction solution, or mg/dm² of the food-contact surface area, as applicable.

1.3. Technical requirements for enameled ware, including cups and mugs

Note: units are mg/l of the extraction solution, or mg/dm² of the food-contact surface area, as applicable.

1.4. Technical requirements for the drinking rim of enameled ware

Note: the unit is mg/drinking rim of the implement, container or packaging.

2. Labeling requirements. Implements, containers and packaging shall be labeled in accordance with Decree No. 89/2006/ND-CP on goods labels and other relevant laws.

III. SAMPLING AND TEST METHODS

1. Sampling. Sampling shall follow Circular No. 26/2012/TT-BKHCN of the Ministry of Science and Technology and relevant laws.

2. Testing. The technical requirements in this regulation are tested under Appendix 01. The methods listed in Appendix 01 are not mandatory if another method of equivalent accuracy is used.

IV. MANAGEMENT REQUIREMENTS

1. Declaration of conformity. Imported, domestically produced and traded products must be declared conforming to this regulation. Procedures are implemented under Decree No. 38/2012/ND-CP and Circular No. 19/2012/TT-BYT and relevant laws; in current practice, effective replacement or amended regulations must also be checked.

2. Inspection and handling of violations. Competent authorities carry out inspection and handling against importers, producers and sellers violating technical and management requirements.

V. RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS

1. Importers, producers and sellers of food-contact implements, containers and packaging must declare conformity with the requirements of this Regulation.

2. Organizations and individuals may import, produce and trade such products only after obtaining the Certificate of Receipt of Declaration of Conformity from the Vietnam Food Administration and satisfying other applicable legal requirements.

VI. IMPLEMENTATION

1. The Vietnam Food Administration shall take the lead and coordinate with relevant competent agencies to provide guidance and organize implementation of this Regulation.

2. Based on management requirements, the Vietnam Food Administration shall propose amendments and supplements to this Regulation to the Ministry of Health.

3. Where standards or legal documents referenced in this Regulation are amended, supplemented or replaced, the new documents shall apply.

APPENDIX 01 – TEST METHODS

1. Test methods for glass implements, containers and packaging, including cups and mugs: 1.1. For glass flatware: TCVN 7146-1:2002 / ISO 6486-1:1999. 1.2. For glass hollowware: TCVN 7146-1:2002 / ISO 7086-1:2000.

2. Test method for ceramic and glass-ceramic implements, containers and packaging, including cups and mugs: TCVN 7146-1:2002 / ISO 6486-1:1999.

3. Test method for enameled implements, containers and packaging, including cups and mugs: TCVN 7542-1:2005 / ISO 4531-1:1998.

4. Test method for the drinking rim of enameled implements, containers and packaging: TCVN 7542-1:2005 / ISO 4531-1:1998.