Principles of sanctioning administrative violations of food safety according to law

Is there a food safety penalty when the owner of a food production and business establishment does not have a certificate of knowledge?

1. What are the principles for sanctioning administrative violations of food safety?

Pursuant to Clause 1, Article 3 of the Law on Handling of Administrative Violations 2012, the principles for sanctioning administrative violations include:

– All administrative violations must be detected, prevented promptly and strictly handled, all consequences caused by administrative violations must be overcome according to regulations. in accordance with the provisions of law;

– The sanctioning of administrative violations must be carried out quickly, publicly, objectively, within authority, ensuring fairness and in accordance with the provisions of law;

– The sanctioning of administrative violations must be based on the nature, extent, consequences of violations, violators and mitigating and aggravating circumstances;

– Administrative violations are only sanctioned when there are administrative violations prescribed by law.

An administrative violation can only be sanctioned once.

If many people commit the same administrative violation, each violator will be sanctioned for that administrative violation.

A person who commits many administrative violations or commits many administrative violations multiple times, they will be sanctioned for each violation, except in cases where multiple administrative violations are defined by the Government as aggravating circumstances (amended by Clause 2, Article 1 of the Law on Handling of Administrative Violations Amended 2020);

– The person with sanctioning authority is responsible for proving the administrative violation. Sanctioned individuals and organizations have the right to prove on their own or through a legal representative that they have not committed administrative violations;

– For the same administrative violation, the fine for organizations is 2 times the fine for individuals.

The above are general principles for sanctioning administrative violations, therefore, when sanctioning administrative violations of food safety, it is necessary to ensure following these principles.

2. Which acts will be sanctioned for administrative violations of food safety?

Based on the provisions of Article 3 of Decree 115/2018/ND-CP, the acts subject to sanctions for food safety are specifically as follows:

– This Decree regulates administrative violations, forms of sanctions and fine levels, remedial measures, and appraisal. The right to make records of administrative violations and the authority to sanction administrative violations of food safety.

– Administrative violations of food safety specified in this Decree include:

+ Violations of regulations on conditions to ensure safety for food products;

+ Violations of regulations on conditions to ensure food safety in production, business, providing food;

+ Violating regulations on conditions to ensure food safety for imported and exported food and violating other regulations on conditions ensuring food safety in production, business, and supply of food;

+ Violating regulations on advertising, information, education, and communication on food safety; food testing; analyze risks, prevent, stop and fix food safety incidents; trace the origin, recall and handle unsafe food.

– For other administrative violations in the field related to food safety that are not specified in this Decree, the provisions of other Government decrees on sanctioning administrative violations in the related field of state management shall apply.

3. Is there a food safety penalty if the owner of a food production or business establishment does not have a certificate of knowledge?

According to the provisions of Article 15 of Decree 115/2018/ND-CP (amended by Clause 6, Article 1 of Decree 124/2021/ND-CP) stipulating penalties for administrative violations of food safety as follows:

“Article 15. Violations of regulations on conditions to ensure food safety in business Food service businesses in the form of ready-to-eat meal processing establishments, canteens, collective kitchens; kitchens, restaurants, restaurants of hotels, resorts; food stores, shops, stalls selling instant food, cooked food and other types of food processing and supply

…

3 7,000,000 VND for employing people to directly prepare food without a certificate of food safety training.

4. Fine from 7,000,000 VND to 10,000,000 VND for one of the following acts:

a) Using water that does not meet technical regulations or does not ensure compliance hygiene according to the provisions of the corresponding law to process food; to clean equipment and utensils for processing and eating;

b) The owner does not have a certificate of food safety training;

c) Does not collect and treat waste and garbage within the scope of the food service business according to the provisions of law;

d) Violating other regulations on conditions to ensure food safety as prescribed by law in food service business, except for the acts specified in Clause 1, Clause 2, Clause 3, Points a, b and c Clause 4, Clause 5 of this Article.

5. Fine from 10,000,000 VND to 15,000,000 VND for the act of employing a person who directly prepares food and is infected with: cholera, dysentery, typhoid, hepatitis A, E, infectious dermatitis, tuberculosis, acute diarrhea.

6. Additional penalties:

Suspension of part or all of food production, processing, trading, and supply activities from 01 month to 03 months for violations specified in Clauses 4 and 5 of this Article.“

Thus, facility owners who do not have a certificate of food safety training will be subject to a food safety fine ranging from 7,000,000 VND to 10,000,000 VND and suspension of part or all of their production activities. exporting, processing, trading, and supplying food from 01 month to 03 months for this violation.