Lawyer Ho Thu Trang, YouMe Law Company Limited answers:
Article 42 of Decree No. 46/2026/ND-CP detailing the implementation of a number of articles and measures to organize and guide the implementation of the Law on Food Safety (effective from April 16, 2026) stipulates the traceability of unsafe products as follows:
When detecting that food products produced and traded by them are not safe or when competent state agencies request, organizations and individuals producing and trading products must be responsible for implementing traceability according to the provisions of Clause 1 and Clause 2, Article 54 of the Food Safety Law.
Article 54 of the 2010 Law on Food Safety, amended and supplemented in 2018, 2025 stipulates the tracing of food origin for unsafe food as follows:
1. The tracing of food origin for unsafe food produced and traded by organizations and individuals in the following cases:
a) When requested by a competent state agency;
b) When detecting that food produced and traded by them is not safe.
2. Organizations and individuals producing and trading food that carry out food traceability for unsafe food must perform the following:
a) Identify and notify batches of unsafe food products;
b) Request food business agents to report the quantity of products of unsafe food products, actual inventory and circulating on the market;
c) Summarize and report to competent state agencies on the recovery plan and handling measures.
3. Competent state agencies are responsible for inspecting and supervising the implementation of food traceability for unsafe food.
Thus, food traceability will be implemented for food that does not ensure safety in the above cases.
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