MINISTRY
OF HEALTH
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.:
39/2005/QD-BYT
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Hanoi,
November 28, 2005
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DECISION
ON PROMULGATING PROVISION ON GENERAL HYGIENIC CONDITIONS FOR
FOOD PRODUCTION ESTABLISHMENTS
MINISTER OF HEALTH
Pursuant to Decree No.49/2003/ND-CP dated May
15, 2003 of the Government on “functions, tasks, powers and organizational
structure of the Ministry of Health”;
Pursuant to the Ordinance on Hygiene - Food
Safety No.12/2003/PL-UBTVQH 11 dated July 26, 2003;
Pursuant to Decree No.163/2004/ND-CP dated
September 07, 2004 of the Government “Detailing the implementation of a number
of Articles of the Ordinance on Hygiene - Food Safety”;
At the proposal of Director of Department for
Safety and Food Hygiene - the Ministry of Health,
DECIDES:
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Article 2. The Decision takes
effect 15 days after its publication in the Official Gazette.
The previous
regulations contrary to the provisions in this Decision are now annulled.
Article 3. Mr. (Ms.): Chief
Office, Chief Inspector, Head of Legal Department - Ministry of Health,
Director of Department of Safety and Food Hygiene, heads of concerned units
directly under the Ministry of Health, Directors of Health Departments of the
provinces and centrally-run cities are responsible for the implementation of this
Decision./.
FOR
MINISTER
DEPUTY MINISTER
Trinh Quan Huan
PROVISIONS
ON GENERAL HYGIENIC CONDITIONS FOR FOOD PRODUCTION
ESTABLISHMENTS
(issuing together with Decision No: 39/2005/QD-BYT dated November 28, 2005
of Minister of Health)
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CONDITIONS FOR THE
ESTABLISHMENTS
Article 1. Location and environment
1. Selection
of the location to build establishment producting, processing food should be
considered potential sources of contamination affecting food products. Not to
place the establishment at the place in which, after considering the protective
measures, it is still a threat to food safety.
2. Food
manufacturing establishments must be located away from:
a) The areas
where having environmental pollution and the industrial activities, living
activities likely to cause food contamination.
b) The areas
prone to water retention, flood, unless taking protective measures, prevention
effectively.
c) The areas
which are susceptible to pest damage; areas of solid or liquid wastes which can
not remove them effectively.
3. Internal
roads in the food establishment must be constructed to ensure hygienic
standards, have good, self-contained drainage, not causing pollution, and
ensure hygiene.
4. The
establishment’s location should ensure sufficient clean water resources and
convenient transportation.
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1. The area
of production, processing of food must be designed according to one way rules
from inputs to finished products to avoid contamination.
2. There is a
gap between production area and non-production area, between the area receiving
raw material, preliminarily treating, processing, packaging, warehousing,
toilets, changing the clothes, canteen to avoid cross-contamination.
3. Storage
containing and storing food of the establishment producting, trading food must
be designed consistent with the requirements of each type of food and
prevent the entry of insects and pests.
4. Design,
allocation of workshop must be consistent with the technology and product
categories, prevented cross contamination of food between stages of production
as well as manipulation, processing and handling of food.
Article
3. Workshop structure
1. Warehouses, workshops and
equipment are necessary to be arranged appropriate and convenient for the
process of production, processing of food, easy to apply sanitary treatment
measure.
2. Ceiling:
bright colors made of waterproof materials, no cracks, prevented mold and
stagnant water and dirt.
3. Floors:
bright colors made of waterproof material, easily cleaned, non-slip, non-toxic
for food, easy to clean, disinfect and good drainage.
4. Wall and
wall’s corner: the wall must be flat, the corners must be rounded, bright
colors, not causing pollution for food, waterproofed, easily cleaned and
disinfected.
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6. Window:
must be easy to clean and designed to limit dust to a minimum level. At the
necessary place, it must have protective net against intrusion of insects and
animals; protective net must be convenient for regular cleaning.
7. The
surface in direct contact with food: must be sustainable, easy to clean, easy
to maintain, and disinfect; must be made of smooth material, waterproof, not
contaminated to food, not eroded by the detergents and disinfectants in the
normal conditions.
8.
Ventilation system:
a) The
ventilation system must be in accordance with specific production and business
of the establishments, to prevent, restrict to a minimum level of the risk of
food contamination by air or water condensation.
b) The direction
of the ventilation system must ensure that the wind is not blown from the
contaminated areas to the clean areas.
c) The
ventilation system must be designed safely, for easy maintenance and
inspection, with protective net by stainless materials, easy to disassemble for
cleaning.
9. Lighting
system:
a) It needs
to provide adequate natural or artificial lighting (not less than 200 lux) for
easily carrying out manipulation. Light intensity must suit to the nature of
manipulation.
b) The light
source should be shielded safely to avoid breaking and in the event of
breakage, secure that the fragments do not fall into food.
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a) It must be
made of materials less damaged, be tight, with lids, to avoid the entry of
animals, and are often washed.
b) Containers
of hazardous substances must be specially designed, distinctively to avoid
confusion when used, as needed they can be locked to prevent contamination of
food caused by intentional or unintentional act.
Article 4. Water supply system
1. Water
supply system must be adequate and have the means to store and distribute
water, control temperature to ensure the safety and suitability in the
production and processing of food.
2. Water used
for food processing should be clean and not containing other contaminants to
ensure safety and hygiene standards for drinking water and living water in
accordance with provisions of the Ministry of Health.
3.
Manufacturing establishments must have adequate clean water, enough pressure to
provide for the process of cleaning, processing of food. Equipment containing
water must be designed suitably for storage and hygienic use.
4. If using
recovered water, it must be handled and maintained so as to ensure safety, not
causing food contamination. The process must be controlled by effective
measures.
Article 5. The system of ice provision
Ice used for
drinking and food preservation must be produced from clean water and must be
preserved and transported under sanitary regulations of the Ministry of Health.
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1. It must
make sure cleaning, safety, not causing pollution to food.
2. Steam used
directly to produce food or contact with food must be hygienic and suitable to
the use purpose and not harmful to human health.
3. Water used
for steam production, refrigeration, fire protection and fighting, or used for
other purposes must have separate pipelines, separate colors painted for easily
differentiating and not to connect to the water system used for production and
processing of foodstuffs.
Article 7. Compressed air
In the case
of using compressed air, compressed air must be clean, safe, not cause
pollution to food.
Article 8. Waste disposal system
1. Drainage
system and waste dumping facilities must be designed and arranged to avoid the
risk of contamination of food or contaminating clean water supplies used for
food processing.
2. Design
separate doors for taking the waste and garbage.
Article 9. Room for changing labor protection clothing
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Article 10. Toilets
1. The toilet
system must be adequate, which is arranged in convenient location for everyone
in the establishment and have adequate equipment to ensure hygiene.
Averagely, it
must have at least 01 toilet for 25 people.
2. Toilet
area must have lighting and ventilation, water drainage system to easily remove
the waste and ensure hygiene. Toilets should be constructed so as the main wind
direction does not blow from the toilet area to the area of processing,
storage, and sale of food.
3. Toilet
area must be completely isolated and its door is not directed to the area of
processing, preservation of food and must have hand washing basins; the
instruction sign "Wash your hands after going out of the toilet"
located at the visible location right after opening toilet’s door.
Chapter
2:
CONDITIONS FOR
EQUIPMENT, TOOLS
Article 11. General requirements
1. Equipment
and instruments in contact with food must be designed and made safely, in
accordance with the requirements of the products, easy to clean, disinfect and
maintain.
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Article 12. Means of hand washing and disinfection
1. It must
have sufficient equipment of hand washing and disinfection in the convenient
locations in the food processing sector.
2. The place
of hand washing must provide adequate clean water, soap, and hand towels of
once use or hand dryer.
3. Averagely,
it must have a hand washing sink for at least 50 workers and it must have at
least a hand washing sink for one workshop.
Article 13. Detergent
1. The
substances used for cleaning and sterilizing food containers must be contained
in easily identifiable packaging and have manuals in accordance with its
specification.
2. The detergent
should be put separately from area for processing and preservation of food.
3. Only using
detergents of food containers and disinfectants permitted by the Health
Ministry.
Article 14. Equipment of prevention and combat of insects,
pests
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Article 15. Equipment, tools of quality monitoring
1. In
addition to these general requirements, equipment used for heating, processing
heat, cooling, storing, or freezing food should be designed so as to rapidly
achieve the temperature as required by food to ensure safety and suitability of
food and to maintain that temperature.
2. Equipment
must be designed to monitor and control the temperature. At the necessary
places, it must have the means to control and monitor air humidity, air flow
and any other parameters affecting the safety and suitability of food.
Article 16. Equipment, tools of processing, packaging,
storing, transporting
1. It must be
made from nontoxic materials without causing odor compared to the initial taste
of food, without absorbing, contaminating to food, being corroded, and that may
avoid dust, insects and other pollution sources.
2. The use of
new packaging materials must be evaluated and permitted by the Ministry of
Health.
3. Prohibited
to pack foods in the containers which are likely to cause poisoning, harm, not
ensuring quality and safety of food.
4. Storage
and transportation of food must be ensured safety, consistent with the
characteristics of each type of food.
Chapter
3:
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Article 17. Knowledge of hygiene and food safety of the
persons producing and trading food
Persons directly
involved in production, processing and sale of food must study knowledge of
hygiene and food safety in accordance with provisions and have the
certificate that have attended training in knowledge of hygiene and food safety
issued by competent authorities, each year, they must additional
learning and knowledge updating.
Article 18. Health of the persons producing and trading food
1. The
persons who directly participate in production and sales of food must have
certificates of eligibility for health in accordance with provisions of the
Ministry of Health.
2. Medical
examination and growth of stool to find healthy people of pre-employment and
periodically made least once a year.
3. Those who
are suffering from infectious diseases listed provided for by the Ministry of
Health are not participated directly in the production or processing of food
(tuberculosis, dysentery, typhoid, diarrhea, cholera, urine incontinence, fecal
incontinence, hepatitis infection, rhinitis, throat pus, skin diseases, healthy
people carrying the bacteria that cause intestinal diseases).
4. The
medical examinations must be performed in medical institutions from district
level upwards.
Article 19. Hygiene practices of the persons producing and
trading food
1. Those who
directly participate in production and sales of food must comply with the
following requirements:
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b) Keeping
nails short, clean, and not to wear jewelry when in direct contact with ready
to eat food.
c) Not to eat
in the food production sector.
d) Not to
smoke, spit, sneeze or cough, chew, laugh loudly, wear jewelry, watches, or
other objects in contact with safely unprotected food.
2. Those who
directly participate in production of food must comply with "good hand
hygiene practice":
a) Washing
your hands after: going into the toilets, contacting with raw food, blowing
nose, touching garbage, scratching, winkling nostrils or touching body parts,
clothes, smoking, touching animals after each time of break.
b) Washing
hands before preparing, in contact with food.
c) Drying
hands after washing with disposable sanitary pads, clean towel, or air dryer,
not to dry into the clothes, skirts, aprons.
d) Washing
hands carefully with soap and clean water (including palms, back of hands,
wrists, fingers’ slots, the nails’ folds).
đ) Not to let
the fingernails long, if there are scratches on the hands and fingers, they
should be bandaged with waterproof gauze and gloves as in contact with food.
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Article 20. For visitors
a) Not being
incidence of acute respiratory disease.
b) They must
wear protective clothing and full implementation of the provisions on personal
hygiene.