Fake milk powder case: Close coordination in expertise to have a basis for legal handling

Regarding the discovery of nearly 600 brands , on April 15, the Ministry of Health informed that it will closely coordinate with the Ministry of Public Security on professional issues so that authorities have a basis to handle the matter in accordance with the law and clearly investigate the responsibilities of related organizations and individuals.

Regarding the prevention of unsafe food, fake food, and poor quality food, the Ministry of Health said that it is always consistent in its direction and management through the development, submission, and promulgation of legal documents on food safety under its authority; in inter-sectoral coordination, especially coordination with the Ministry of Public Security and Steering Committee 389 of the Ministry of Industry and Trade in handling fake food, food containing prohibited substances, etc.

The representative of the Food Safety Department said that food safety management is regulated in the Food Safety Law, in which food safety management of 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 is regulated in Articles 62, 63, 64 and 65; The responsibility of "Presiding over the prevention of fake food and commercial fraud in food circulation and trading" is regulated in Clause 5, Article 64 of the Food Safety Law.

The announcement and registration of food product declarations are regulated in Decree 15/2018/ND-CP dated February 2, 2018 detailing a number of articles of the Food Safety Law. Accordingly, most foods are self-declared and there are 4 groups that need stricter control, so the product declaration must be registered with the competent State agency before being put into circulation on the market.

Granting the right to declare products to enterprises to create transparency in administrative procedures, but when declaring, enterprises must "commit to fully comply with the provisions of the law on food safety and take full responsibility for the legality of the declaration dossier and the quality and food safety of the declared products" (stipulated in the Self-declaration and Product Declaration of Decree 15/2018). This regulation aims to attach responsibility for complying with the conditions to ensure food safety and take responsibility for the safety of the products they produce and trade as stipulated in Point a, Clause 2, Article 7 and Point a, Clause 2, Article 8 of the Law on Food Safety.

The policy of self-declaration and registration of product patents of Decree 15/2018/ND-CP is an advanced policy, approaching the food management methods of developed countries in the world. In these countries, enterprises are responsible for their own products, do not need to register with competent state agencies, only a few products with declarations related to disease support need to be approved by state agencies before being circulated on the market.

According to the provisions of Clause 8, Article 40 of Decree 15/2018/ND-CP, the Provincial People's Committee is responsible for "Organizing the reception and management of dossiers, issuing Certificates of acceptance of product declarations, Certificates of confirmation of advertising content for medical nutritional products, foods for special diets, nutritional products for children up to 36 months of age."

In addition, Decree 15/2018/ND-CP also clearly stipulates the responsibilities of ministries, branches and localities for the management of specific food groups and the responsibilities in inspection, examination and handling of violations. Clause 1, Article 40 of Decree 15/2018/ND-CP stipulates that provincial-level People's Committees shall perform state management of food safety at the local level, be responsible to the Government for food safety in the locality; organize the handling of violations of food safety laws according to regulations; be responsible to the Government and the law when violations of food safety laws occur in the locality.

Post-inspection of products after announcement is extremely important. The Ministry of Health, as the standing member of the Central Inter-sectoral Steering Committee on Food Safety, annually develops and issues a post-inspection plan for food production and trading establishments as a basis for ministries, branches and localities to develop and implement their own plans; coordinates with other branches to strictly handle acts of false advertising and consumer deception, etc.

Regarding the case of large-scale production, trading and consumption of fake milk powder, operating in Hanoi and neighboring provinces, the Investigation Police Agency (Ministry of Public Security) has initiated a case. The case is under investigation, the Ministry of Health 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.

Recently, the Investigation Police Agency of the Ministry of Public Security is investigating the case of "Production and trading of counterfeit food products" occurring at Rance Pharma International Pharmaceutical Joint Stock Company, Hacofood Group Nutrition Pharmaceutical Joint Stock Company, and related agencies and organizations in Hanoi and provinces and cities nationwide.

The investigation agency determined that from 2021 to present, this group has produced up to 573 brands of powdered milk of various types, targeting consumers such as people with diabetes, kidney failure, premature babies, and pregnant women. During the investigation, the police prosecuted and temporarily detained 8 suspects on two charges: "Production and trading of counterfeit food products" and "Violation of accounting regulations causing serious consequences"./.

(Vietnam+)

Source: https://www.vietnamplus.vn/vu-sua-bot-gia-phoi-hop-chat-che-ve-chuyen-mon-de-co-can-cu-xu-ly-dung-phap-luat-post1027867.vnp