THE STANDING COMMITTEE OF NATIONAL ASSEMBLY
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No: 12/2003/PL-UBTVQH11
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Hanoi, July 26, 2003
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ORDINANCE
ON FOOD HYGIENE AND SAFETY
(No. 12/2003/PL-UBTVQH11 of July 26, 2003)
In order to protect
human lives and health, maintain and develop our race; to enhance the
efficiency of the State management over food hygiene and safety;
Pursuant to the
Socialist Republic of Vietnam's 1992 Constitution which was amended and
supplemented under Resolution No.51/2001/QH10 of December 25, 2001 of the Xth
National Assembly, the 10th session;
Pursuant to
Resolution No.12/2002/QH11 of December 16, 2002 of the XIth National Assembly,
the 2nd session, on the law- and ordinance-making programs of the National
Assembly for the XIth Legislature (2002-2007) and 2003;
This Ordinance
prescribes food hygiene and safety.
Chapter
I
GENERAL
PROVISIONS
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Article
2.- Vietnamese organizations, households
and individuals as well as foreign organizations and individuals, that are
engaged in food production and business in the Vietnamese territory, must abide
by the provisions of this Ordinance and other relevant provisions of law. In
cases where the international treaties which the Socialist Republic of Vietnam has
signed or acceded to contain provisions different from those of this Ordinance,
such international treaties shall apply.
Article
3.- In this Ordinance, the following
terms and phrases are construed as follows:
1. Food means the
products which humans eat and/or drink in fresh, raw or processed, preserved
forms.
2. Food hygiene and
safety mean the necessary conditions and measures to ensure that food shall not
cause harms to human health and lives.
3. Food production and
business means the performance of one, several or all of the activities of
cultivating, rearing, harvesting, fishing and catching, preliminarily
processing, processing, packaging, preserving, transporting and/or trading in
food.
4. Food-processing
establishments mean enterprises, households, collective cookhouses, restaurants
and other food-processing establishments.
5. Food poisoning
means a pathological occurrence due to eating or drinking food which contain
toxins.
6. Diseases
transmitted via food mean those caused due to eating, drinking food
contaminated with pathogenic agents.
7. Food additives mean
substances with or without nutritious values, which are added to food
ingredients in the course of processing, treating, packaging and transporting
food with a view to retaining or improving some characteristics of food.
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9. Micro-nutrients mean
vitamins, minerals with low contents necessary for the growth, development and
sustainment of human body.
10. Functional food
mean those used to support the operation of body organs, which have nutritious
value and create ease for body and reduce pathogenic dangers.
11. High-risk food
mean those with high possibility of infiltration by biological, chemical and/or
physic agents which affect the health of consumers.
12. Food preserved by
radiation method are those radiated with sources of radioactive activity to
preserve and prevent food from degeneration.
13. Gene means a
section of chromosomal molecule playing the role of determining the heredity of
organism.
14. Genetically
modified food are those originating from organisms genetically modified due to
the use of genetic technology.
Article
4.-
1.
Food business is a conditional business.
2. Organizations,
households and individuals producing and/or trading in food must be accountable
for the hygiene and safety of the food they produce and/or trade in.
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1.
The State shall work out policies and measures to ensure food hygiene and
safety with a view to protecting human lives and health.
2. The State shall
encourage Vietnamese organizations, households and individuals as well as foreign
organizations and individuals that are engaged in food production and business
in the Vietnamese territory to apply advanced quality control system in order
to ensure food hygiene and safety.
3. The State shall
create conditions to expand international cooperation in ensuring food hygiene
and safety.
Article
6.- Vietnam Fatherland Front and its
member organizations shall, within the scope of their respective tasks and
powers, have to propagate and mobilize people to implement and supervise the
implementation of the legislation on food hygiene and safety.
Article
7.- Consumers shall have the right to be
informed of food hygiene and safety, to select and use proper food; have the
responsibility to observe food hygiene and safety, protect themselves in the
use of food, fully comply with the guidance on food hygiene and safety;
voluntarily report on food poisoning and diseases transmitted via food;
complain about, denounce and detect acts of violating the legislation on food
hygiene and safety in order to protect the health of their own and of the
community.
Article
8.- The following acts are strictly
forbidden:
1. Cultivating,
rearing, harvesting, fishing and catching, preliminarily processing,
processing, packaging, preserving, transporting or trading in food in
contravention of law provisions.
2. Producing or
trading in:
a) Stale, rotten,
degenerated, contaminated food which may cause harm to human lives and health;
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c) Food infected with
pathogenic parasites, pathogenic micro-organisms or micro-organisms beyond the
prescribed limits;
d) Meat or products of
meat, which have not gone through veterinary inspection or have been inspected
but fail to meet the requirements;
e) Cattle, poultry,
aquatic resources, which die of diseases, poisoning or unclear causes; products
processed from cattle, poultry and/or aquatic resources, which die of diseases,
poisoning or unclear causes;
f) Food contaminated
due to packing, containers which get dirty, broken or torn in the course of
transportation;
g) Food with expired
use duration.
3. Producing and/or
trading in animals and/or plants infected with pathogenic agents which may
spread to humans, animals, plants.
4. Producing and/or
trading in food made of non-food raw materials or chemicals outside the lists
of those permitted for use.
5. Producing and/or
trading in food additives, food-processing supports, micro-nutrients,
functional food, high-risk food, food preserved by radiation method,
genetically modified food, without permision of competent State management
bodies.
6. Using polluted
means, means already used for transportation of poisonous and hazardous
substances to transport food.
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Chapter
II
FOOD
PRODUCTION AND TRADING
Section
1. FRESH AND RAW FOOD PRODUCTION AND TRADING
Article
9.- Organizations, households and
individuals that produce and/or trade in fresh and raw food must ensure that
the places where the food are reared, cultivated or traded in shall not be
polluted by surrounding environments and must be isolated from areas where
environmental pollution and/or food contamination may occur.
Article
10.- Organizations, households and
individuals that produce and/or trade in fresh and raw food must apply measures
to treat wastes according to the law provisions on environmental protection.
Article
11.- The use of fertilizers, animal
feeds, plant protection drugs, veterinary drugs, food preservatives, growth
stimulants, weight gain stimulants, breeding irritators and other substances
related to food hygiene and safety must comply with law provisions.
Article
12.- Organizations, households and
individuals that produce and/or trade in fresh and raw food shall have the
responsibility:
1. To ensure that the
food they have produced and/or traded in are not polluted, are preserved at
clean places, isolated from places where chemicals, chiefly toxic chemicals,
are preserved and other pathogenic sources;
2. To be accountable
for the origins of food they have produced and/or traded in.
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Article
13.-
1.
Food-processing sites of organizations, households or individuals must be
located at places which meet the food hygiene and safety conditions.
2. The food-
processing sites must be designed, constructed, installed and operated to
satisfy the food hygiene and safety requirements.
Article
14.-
1.
Raw materials used for food processing must ensure hygiene and safety according
to law provisions.
2. The food-processing
establishments must apply all measures to keep food from being contaminated or
infected with pathogens which may spread to humans, animals and/or plants.
3. The food-processing
establishments must ensure that the processing process is conformable with the
law provisions on food hygiene and safety.
Article
15.-
1.
The food-processing establishments shall only be permitted to use food
additives, food-processing supports and micro-nutrients, which are on the lists
of those permitted for use, and must use them within the prescribed dosages or
limits.
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Article
16.- Organizations, households and
individuals, in the course of food processing, shall have the responsibilities:
1. To use equipment
and devices with surfaces which directly contact food being manufactured from
materials meeting the food hygiene and safety requirements;
2. To use containers,
packings, devices, equipment which satisfy the food hygiene and safety
requirements and do not cause food pollution;
3. To use water up to
the prescribed standards for food processing;
4. To use detergents,
disinfectants, antidotal substances safely without adversely affecting human
health and lives and without causing environmental pollution.
Section
3. FOOD PRESERVATION, TRANSPORTATION
Article
17.-
1.
Food packages must ensure food hygiene and safety requirements, protect food
from being polluted and maintain food quality in the preservation and use
duration and must be convenient for labeling.
2. Packages directly
contacting food must be tested and inspected in terms of food hygiene and
safety.
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1.
Organizations, households and individuals that produce and/or trade in food
must apply appropriate food-preserving methods in order to ensure that food
shall not spoil, degenerate, shall retain their quality, tastes and flavors,
and not to increase pollutants in food.
2. Agencies performing
the State management over food hygiene and safety shall guide the
food-preserving methods, prescribe the dosages of food preservatives and the
preservation duration for each kind of food.
Article
19.-
1.
Food which are preserved by radiation method and circulated in the Vietnamese
territory must have their labels inscribed in Vietnamese with "thuc pham
duoc bao quan bang phuong phap chieu xa" (Food preserved by radiation
method) or with international signs and must be permitted by competent State
management agencies in charge of food hygiene and safety for circulation.
2. Organizations,
households and individuals shall only be permitted to trade in
radiation-preserved food on the list of food preserved by radiation method and
within the law-prescribed radiation dosages.
The Health Ministry
shall prescribe the list of food preserved by radiation methods.
Article
20.-
1.
Genetically modified food food raw materials must have their labels inscribed
in Vietnamese with "thuc pham co gen da bien doi" (Genetically
modified food).
2. The Government
shall prescribe in detail the management and use of genetically modified food.
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Article
22.- Means used for transportation of
food must ensure the following conditions:
1. Being manufactured
from materials which do not pollute food or food packages;
2. Being easily
cleansed and cleaned;
3. Being able to
easily distinguish assorted food;
4. Being able to
combat pollutants, including smoke, dust and to combat contagion among assorted
food;
5. Being able to
maintain and control conditions to ensure food hygiene and safety in the course
of transportation.
Section
4. FOOD IMPORT, EXPORT
Article
23.- Organizations, households and
individuals that import and/or export food, food additives, food-processing
supports, micro-nutrients, functional food, high-risk food, radiation-preserved
food, genetically modified food must bear responsibility for the hygiene and
safety of the food they have imported and/or exported; must comply with the
provisions of Vietnamese law when importing them; and must comply with the
provisions of this Ordinance and the provisions of the importing countries'
laws, when exporting them.
Article
24.-
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2. Competent State
agencies which conduct the inspection of imported- and exported- food hygiene
and safety must be answerable before law for the results of their inspection of
food hygiene and safety.
The Government shall
prescribe the procedures for inspection of imported- and exported-food hygiene
and safety.
Article
25.-
1.
Imported, exported food which have already been certified as satisfying the
food hygiene and safety requirements by countries which have signed with
Vietnam international treaties on mutual recognition in activities of
certifying quality, recognizing quality control systems can be inspected if
signs of violating the provisions of Vietnamese law on food hygiene and safety
are detected.
2. Imported, exported
food which have already been certified for standard compatibility, food of
production and/or business organizations and individuals that have already been
certified as having the food hygiene and safety quality control system
compatible with Vietnamese standards or foreign, international standards
applied in Vietnam can be entitled to reduction of the number of food hygiene
and safety inspections.
Article
26.-
1.
Imported food which fail to satisfy the food hygiene and safety requirements
can be recovered, recycled, subject to change of use purposes, destroyed or
re-exported under decisions of competent State agencies; organizations,
households and individuals shall bear all expenses for handling of their
imported food which fail to satisfy the requirements.
2. Exported food which
fail to satisfy the food hygiene and safety requirements can be re-cycled,
subject to change of use purposes, or destroyed under decisions of competent
State agencies; households and individuals shall have to bear all expenses for
the handling of their exported food which fail to satisfy the requirements.
Article
27.- Food brought along by persons on
entry, exit or transit for personal consumption; food used for crew members and
passengers on traffic means entering, exiting or transiting Vietnam; food being
goods on transit in Vietnam must ensure the food hygiene and safety
requirements as provided for in this Ordinance and other relevant legislation.
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Article
28.-
1.
Organizations, households and individuals that produce and/or trade in food
must comply with the food hygiene and safety conditions prescribed in Sections
1, 2, 3 and 4 of this Chapter.
2. Organizations,
households and individuals that produce and/or trade in high-risk food must be
granted certificates of satisfaction of food hygiene and safety conditions by
competent State agencies.
The Government shall
prescribe the list of high-risk food, the competence and procedures for
granting certificates of satisfaction of food hygiene and safety conditions.
Article
29.-
1.
Persons who are directly engaged in food production and trading must satisfy
the health criteria, not suffer from contagious diseases and have knowledge
about food hygiene and safety.
2. The Health Ministry
shall prescribe the health criteria, the requirements on knowledge about food
hygiene and safety for persons directly involved in food production and
trading, which are suitable to each production and/or business line.
Article
30.-
1.
Organizations, households and individuals that produce and trade in food shall
have to ensure the health criteria of persons directly involved in food
production and/or trading at their establishments as provided for by law.
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Section
6. ANNOUNCEMENT OF FOOD HYGIENE AND SAFETY STANDARDS
Article
31.- Organizations, households and
individuals can only produce and/or trade in food which ensure the food hygiene
and safety standards.
Article
32.- The competent State agencies shall
promulgate food hygiene and safety standards as well as inspection methods,
stipulate the food hygiene and safety management over food, food additives,
food-processing supports, micro-nutrients, functional food, high-risk food,
radiation-preserved food, genetically modified food, food containers, materials
for making food packages, wrappings, devices and equipment used in food
production and/or trading.
Article
33.-
1.
Organizations and individuals that produce and trade in food with business
registration must publicize the application of Vietnamese standards or branch
standards according to law provisions; in case of publication of the
establishment standards, such standards must not be lower than the branch
standards and the Vietnamese standards.
2. Organizations and
individuals that produce and trade in food with business registration must
strictly comply with the standards they have publicized and the food hygiene
and safety regulations promulgated by competent State agencies; regularly
inspect and take responsibility for food hygiene and safety with regard to the
food they produce and/or trade in.
3. Organizations,
households and individuals that produce and trade in food without business
registration must strictly comply with the law provisions on food hygiene and
safety and be responsible for food hygiene and safety with regard to the food
they produce and/or trade in.
Section
7. FOOD ADVERTISEMENT AND LABELING
Article
34.-
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The advertisers must
bear responsibility for the contents of their advertisements.
2. The contents of
advertisements of food, food additives, food-processing supports,
micro-nutrients, functional food, high-risk food, radiation-preserved food,
genetically modified food and food-related matters must be truthful, accurate,
clear and not harmful to producers, traders and consumers.
Article
35.-
1.
Pre-packed food must be stuck with food labels. Food labels must be inscribed
fully, accurately, clearly and truthfully with food constituents and other
contents as prescribed by law; food labels must not be inscribed in any form
about food with efficacy of substituting curative medicines.
2. Organizations and
individuals that produce or trade in pre-packed food in the Vietnamese
territory must inscribe food labels before delivering goods from workshops.
3. Food labels must
contain the following basic details:
a) The name of the
food;
b) The name and
address of the food-producing establishment;
c) The food quantity;
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e) Major quality norms
of the food;
f) Date of production,
use duration, food preservation duration;
g) Instructions on
preservation and use of the food;
h) Origin of the food.
Chapter
III
PREVENTION
AND OVERCOMING OF FOOD POISONING AND DISEASES TRANSMITTED VIA FOOD
Article
36.- Measures to prevent food poisoning
and diseases transmitted via food shall include:
1. Ensuring hygiene
and safety in the process of food production, trading and consumption;
2. Educating, propagating
and disseminating knowledge and practice about food hygiene and safety for
producers, traders and consumers;
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4. Analyzing dangers
of food pollution;
5. Investigating,
surveying and archiving data on food hygiene and safety;
6. Keeping food
samples according to law provisions.
Article
37.-
1.
Measures to overcome food poisoning and diseases transmitted via food shall
include:
a) Detecting and
treating in time victims of food poisoning and diseases transmitted via food;
b) Stopping the
production, trading and use of poisoned food;
c) Recovering food
which have been produced, being circulated on markets and poisoned;
d) Notifying in time
the consumers of the food poisoning or diseases transmitted via food, food
which are being circulated on the market and poisoned;
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f) Applying measures
to prevent the spread of epidemics due to food poisoning or diseases
transmitted via food.
2. The Government
shall assign specific responsibilities to ministries, ministerial-level
agencies and agencies attached to the Government in preventing and over-coming
food poisoning and diseases transmitted via food.
Article
38.-
1.
Organizations, households and individuals that produce, trade in or use food
shall have to take initiative in preventing and promptly overcoming food
poisoning and diseases transmitted via food.
2. Organizations, households
and individuals that produce, trade in or use food, causing food poisoning or
diseases transmitted via food shall have to immediately apply measures to
overcome the consequences thereof, and at the same time promptly report such to
the local People's Committees or the nearest State management agencies in
charge of food hygiene and safety and shall have to bear all expenses for the
overcoming of food poisoning or diseases transmitted via food according to law
provisions.
Article
39.- Organizations and individuals that
detect signs of food poisoning of diseases transmitted via food shall have to
immediately notify them to the nearest medical establishments or local People's
Committees for working out timely preventive and remedial measures.
Article
40.- The People's Committees at all
levels shall have to apply measures to preclude food poisoning or diseases
transmitted via food in their respective localities; in cases of food poisoning
or diseases transmitted via food, they must apply necessary measures to
overcome the consequences and prevent the spread thereof; at the same time,
report to the immediate superior State agencies, the competent State management
agencies in charge of food hygiene and safety and notify the People's
Committees of the localities where the food poisoning or diseases may spread to.
The People's
Committees of the localities where food poisoning or diseases transmitted via
food may spread to shall have to notify the local population thereof for
prevention thereof and the application of measures to coordinate in overcoming
the consequences and preventing the spread thereof.
Article
41.-
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2. Where diseases
transmitted via food turn into dangerous epidemics which spread widely,
seriously threatening the human life and health, the law provisions on
emergency state must be complied with.
Chapter
IV
STATE
MANAGEMENT OVER FOOD HYGIENE AND SAFETY
Article
42.- The contents of State management
over food hygiene and safety shall include:
1. Elaborating and
organizing the implementation of strategies, policies, plannings and plans on
food hygiene and safety;
2. Promulgating and organizing
the implementation of legal documents on food hygiene and safety, the
regulations and standards on food hygiene and safety;
3. Elaborating and
organizing the implementation of plans to prevent and overcome food poisoning
and diseases transmitted via food;
4. Managing the food
hygiene and safety testing and experimenting systems;
5. Managing the
promulgation of food hygiene and safety standards, the certifications of
satisfaction of food hygiene and safety conditions;
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7. Providing
professional training and fostering on food hygiene and safety;
8. Organizing the work
of information, propagation and dissemination of knowledge and legislation on
food hygiene and safety;
9. Entering into
international cooperation on food hygiene and safety;
10. Inspecting,
examining and settling complaints, denunciations and handling violations of the
legislation on food hygiene and safety.
Article
43.-
1.
The Government shall perform the unified State management over food hygiene and
safety.
2. The Health Ministry
shall be accountable to the Government for performing the State management over
food hygiene and safety.
3. The ministries and
branches shall, within the scope of their respective tasks and powers, have to
coordinate with the Health Ministry in performing the State management over
food hygiene and safety in their assigned fields according to the following
principles:
a) The State
management over food hygiene and safety in the production process shall be
undertaken primarily by the specialized managing ministries or branches, which
shall coordinate with the Health Ministry, the concerned ministries and/or
branches in the implementation thereof;
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4. The People's
Committees at all levels shall, within the scope of their respective tasks and
powers, perform the State management over food hygiene and safety in their
respective localities.
Chapter
V
FOOD HYGIENE
AND SAFETY EXAMINATION AND INSPECTION
Article
44.-
1.
The State management agencies in charge of food hygiene and safety shall,
within the scope of their tasks and powers, have to examine the observance of
law provisions on food hygiene and safety.
2. The Government
shall specify the examination of food hygiene and safety in food production and
trading.
Article
45.-
1.
The food hygiene and safety inspection shall be undertaken by specialized food
hygiene and safety inspectorate.
2. The organization
and operation of the specialized food hygiene and safety inspectorate shall be
defined by the Government.
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1. To inspect the
observance of law provisions on food hygiene and safety by organizations and
individuals that produce and/or trade in food;
2. To inspect the
observance of food hygiene and safety standards; To verify, conclude on,
propose competent authorities to handle violations of the legislation on food
hygiene and safety;
3. To suggest, participate
in the elaboration of legal documents on food hygiene and safety.
Article
47.- In the course of inspection, the
inspection teams and inspectors shall have the following rights and
responsibilities:
1. To request
concerned organizations and individuals to supply information and materials and
give answers on necessary matters in service of the inspection; to request the
inspected subjects to supply documents, reports on matters related to the
inspection contents; in case of necessity, to be entitled to take samples for
testing, to seal documents and evidences related to the inspection contents, to
make records on violations related to food hygiene and safety according to law
provisions;
2. To request the
expertise and conclusion on necessary matters in order to serve the inspection
work;
3. To stop acts of
violating the regulations on food hygiene and safety, which cause harms or
threaten to cause harms to human lives and health, and other acts which cause
harms to the interests of the State and the legitimate rights and interests of
organizations, individuals;
4. To handle according
competence or propose competent State bodies to handle violations of the
legislation on food hygiene and safety according to law provisions;
5. To be answerable
before law for their conclusions, handling measures of inspection decisions;
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Article
48.-
1.
Organizations, households and individuals that produce and/or trade in food
shall have to create conditions for inspection teams and inspectors to perform
their tasks of inspection over food hygiene and safety;
2. The inspected
organizations, households and individuals must abide by decisions of the
inspection teams or inspectors on food hygiene and safety.
Article
49.-
1.
Organizations, households and individuals shall have the right to complain
about or initiate lawsuits against administrative decisions and/or
administrative acts of competent agencies, organizations or individuals in the
observance of the legislation on food hygiene and safety.
2. Individuals shall
have the right to denounce acts of violating the legislation on food hygiene
and safety with competent agencies, organizations and/or individuals.
The competence and
procedures for settlement of complaints and denunciations and the procedures to
initiate lawsuits, which are prescribed in Clauses 1 and 2 of this Article,
shall be effected according to the provisions of law.
Chapter
VI
COMMENDATION
AND HANDLING OF VIOLATIONS
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Article
51.- Organizations and individuals that
produce and trade in food and commit acts of violating the provisions of this
Ordinance or other law provisions on food hygiene and safety shall, depending
on the nature and seriousness of their violations, be administratively
sanctioned or examined for penal liability; if causing damage, pay
compensations therefor according to law provisions.
Article
52.- Those who abuse their positions and
powers to violate the provisions of this Ordinance or other law provisions on
food hygiene and safety shall, depending on the nature and seriousness of their
violations, be disciplined or examined for penal liability; if causing damage,
pay compensations therefor according to law provisions.
Chapter
VII
IMPLEMENTATION
PROVISIONS
Article
53.- This Ordinance shall take
implementation effect as from November 1, 2003.
The previous
regulations contrary to this Ordinance are hereby all annulled.
Article
54.- The Government shall detail and
guide the implementation of this Ordinance.
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