From the case of producing and trading fake milk powder - Ministry of Health requests a comprehensive review

Production workers are labeling finished products of fake powdered milk.

Currently, this case is under investigation. The Ministry of Health said that the unit has and will continue to closely coordinate with the Ministry of Public Security on professional issues so that the Ministry of Public Security has a basis to handle it in accordance with the law and clearly investigate the responsibilities of related organizations and individuals.

Today (April 15), Deputy Director of the Department of Food Safety Nguyen Hung Long also signed a document to send to the Department of Health of localities and the Department of Food Safety and Hygiene in provinces and cities, requesting a comprehensive review of product declaration activities, food safety conditions and inspection and examination records related to the companies on the suspect list.

At the same time, if businesses in the fake milk chain have announced products locally, they must provide information on the quantity and name of each product, and review the issuance of certificates of facilities meeting food safety conditions.

Units need to report on inspection, post-inspection, and administrative violation handling activities from 2021 to present. The goal of this move is to clarify management responsibilities, verify "loopholes" in post-inspection supervision, and prevent the risk of counterfeit goods continuing to "slip through the net" of the market.

Mechanism for self-declaration and registration of product declaration

The Ministry of Health also said that it pays special attention to inter-sectoral coordination, especially with the Ministry of Public Security and Steering Committee 389, in detecting and handling serious violations such as the production and trading of fake food and food containing prohibited substances.

Food safety management is currently clearly regulated in the Food Safety Law, which assigns specific responsibilities to the Ministries of Health, Agriculture and Rural Development (now the Ministry of Agriculture and Environment), Industry and Trade and People's Committees at all levels.

According to Clause 5, Article 64 of the current Food Safety Law, the responsibility of "Presiding over the prevention of fake food and commercial fraud in food circulation and trading" belongs to the Ministry of Industry and Trade.

One of the important points of management is the mechanism of self-declaration and registration of product declaration, stipulated in Decree 15/2018/ND-CP.

Accordingly, most food products only need to self-declare before being circulated on the market, except for 4 specific groups such as nutritional products for children, foods used in special diets... which must be registered with the competent state agency before being circulated on the market. When self-declare, enterprises must be fully responsible before the law for the safety and quality of the products.

According to the Ministry of Health, this regulation aims to attach responsibility to complying with food safety conditions and being responsible for the safety of products produced and traded, and has been stipulated in Point a, Clause 2, Article 7 and Point a, Clause 2, Article 8 of the Law on Food Safety.

Proposal to amend the Penal Code for acts related to food safety

At the same time, to ensure effective management, post-inspection plays a particularly important role. Every year, the Ministry of Health, as the standing agency of the Central Inter-sectoral Steering Committee on Food Safety, issues a post-inspection plan for ministries, branches and localities to implement, and at the same time requires strict handling of violations, false advertising, and misleading consumers...

Since the beginning of 2025, the Food Safety Department said that it has issued 3 directives related to post-inspection work in 2025, especially emphasizing the strengthening of inspection, examination, and handling of violations during the "Month of Action for Food Safety".

In addition, the Food Safety Department also regularly coordinates closely with units of the Ministry of Public Security to conduct periodic and surprise inspections of food production and trading establishments under its authority; coordinates in professional activities, provides relevant documents for the police to use as a basis for prosecuting cases, especially in cases of production and trading of fake food, food containing prohibited substances...

The Ministry of Health has also coordinated with the Ministry of Public Security and relevant ministries and branches to research and propose increasing sanctions for administrative violations of food safety for groups of common violations.

In particular, the Ministry of Public Security is proposing to amend the Criminal Code for acts related to food safety. This will be an effective tool to strictly handle subjects who deliberately produce and trade fake and unsafe food.

Previously, the Ministry of Public Security's Investigation Police Agency said it had dismantled a ring producing, trading, and consuming fake milk powder in extremely large quantities in Hanoi and neighboring provinces.

In the past 4 years, this line has produced 573 brands of powdered milk of all kinds. The milk is for people with diabetes, kidney failure, premature babies, and pregnant women with ingredients declared on the product such as: bird's nest extract, cordyceps, macadamia powder, walnut powder... but in reality, it does not contain these substances at all.

The subjects removed some input materials and replaced them with some additives. The police determined that the quality index of some ingredients in the powdered milk was below 70% of the declared level, which is enough to be considered counterfeit.

According to the investigation, the subjects sold various types of milk to the market, illegally profiting about 500 billion VND.

Hien Minh

Source: https://baochinhphu.vn/tu-vu-san-xuat-kinh-doanh-sua-bot-gia-bo-y-te-yeu-cau-ra-soat-toan-dien-102250415152603065.htm