The Ministry of Health is soliciting public opinions on the draft Law on Food Safety (amended) on the Government Electronic Information Portal and the Ministry of Health Electronic Information Portal. At the same time, the Ministry of Health is also seeking opinions from ministries, departments, branches and People's Committees of provinces and cities.
It is strictly forbidden to use images and names of medical facilities and medical staff to advertise food
In the draft Law, the Ministry of Health proposes to add a number of prohibited acts when advertising and doing business in the e-commerce environment to solve problems arising in practice; strengthen the protection of consumer rights:
Advertising food is untrue, causing confusion to consumers; using images, equipment, costumes, names, and identities of units, medical facilities, medical staff, patient opinions, words, and articles of medical staff to advertise food.
The person who transfers advertising products is an influencer who does not publicly disclose the sponsorship relationship when advertising functional foods, foods for special diets, nutritional products for children under 36 months old who are not subject to advertising ban as prescribed in Article 7 of the Advertising Law.
Revealing the buyer's information or not providing complete information to retrieve goods according to regulations when doing business via e-commerce.
The maximum fine is 200 million VND for individuals and 400 million VND for organizations
Regarding the handling of violations of food safety and quality laws, the draft amends and supplements specific fines for administrative violations:
Organizations and individuals producing and trading food that violate the law on food safety must compensate and remedy the consequences according to the nature and severity of the violation and be subject to handling of administrative violations or criminal prosecution. If they cause damage, they must compensate and remedy the consequences according to the provisions of law.
Those who take advantage of their position and authority to violate the provisions of this Law or other provisions of the law on food safety shall be subject to disciplinary action or criminal prosecution, depending on the nature and severity of the violation, if they cause damage, they must be compensated according to the provisions of law.
The fine for administrative violations is implemented in accordance with the provisions of the law on handling administrative violations.
The maximum fine is 200 million VND for individuals and 400 million VND for organizations, except in cases where the highest fine according to the provisions of the law on handling administrative violations is still lower than 7 times the value of violating food, the fine is applied no more than 7 times the value of violating food.
