There are no regulations on the permitted use of rat poisoning, insecticides and pests in food production areas. However, in cases where the establishment has evidence proving that the production is ceasing or suspending, when the production is resumed, it must ensure that no hazards to food safety remain.

Through the receiving and responding system to the recommendations of businesses, Rentokil Initial Company (Vietnam) would like to request the authorities to answer some issues about the use of chemicals to kill rats, insects and harmful animals in production areas, food storage, food ingredients, food additives, food processing aids, tools, packaging materials, and containers in direct contact with food, specified in Decree 115/2018 / ND-CP, details as follows:

The concept of "chemicals that kill mice, kill insects and pests", how exactly is it understood? Is the concept of "area" understood as space delimited by ceilings, floors and walls?

Is the finished product warehouse in a designated chemical free area?

In a state where a food manufacturer stops all production, is it allowed to use chemicals that kill rats, insects, and pests in this case? Is the kitchen area in a designated chemical free area?

Where raw materials, additives, food processing aids, tools, packaging materials, and containers are covered, to avoid direct contact with chemicals, rat-killing chemicals may be used., killing insects and harmful animals in areas of production, food storage, food ingredients, food additives, food processing aids, tools, packaging materials, and further storage direct food contact or not?

Are the forms of fumigation and fumigation for rice and flour within the scope of this Decree and whether the subjects are schools, restaurants, hotels and resorts are within the scope of Decree 115 / 2018 / ND-CP?

Regarding this issue, The Department of Food Safety, the Ministry of Health responded as follows:

Point e, Clause 4, Article 9 of Decree No. 115/2018 / ND-CP stipulating a fine of between VND 7,000,000 and VND 10,000,000 for the following acts: “Using chemicals to kill rats, insects and animals. harmful objects in the area of ​​production, food storage, food ingredients, food additives, food processing aids, tools, packaging materials, and containers in direct contact with food ”.

The above provisions to control risks of hazards to food safety specified at Point b, Clause 2, Article 50 of the Law on Food Safety, principles of food safety management specified in Clause 4, Article 3 of the Law on Food Safety.

Identification of violators and acts of violation by inspection teams, examination teams of competent agencies to inspect and examine and competent persons according to law provisions on precise handling of administrative violations when conducting inspection activities.

Specifically, the questions of Rentokil Initial Company (Vietnam) are as follows:

1. Chemicals that kill rats, insects and harmful animals are chemicals that contain active ingredients to kill rats, insects and harmful animals (including chemicals that kill rats, insects and harmful animals), processed into preparations to kill rats, insects and harmful animals.

2. The area defined as the space limited by the ceiling, the floor and the wall is correct. However, depending on the type of food production, the space limited by ceilings, floors and walls must meet food safety conditions for the respective manufacturer.

3. Food storage, including finished products in areas that are regulated not to use chemicals as mentioned above.

4. There are no regulations of law on cases where the use of rat poisoning, insecticides and pests is not permitted in food production areas. However, in the event that the establishment has evidence that it is ceasing or suspending food production, the re-production should ensure that no hazards to food safety and regulations remain on food safety in accordance with the law.

5. Kitchen area in an area that does not use chemicals to kill rats, insects and pests.

6. In the conditions of the production area, storage of raw materials, additives, processing aids, tools, packaging materials, or containers, even though they are covered to avoid direct contact with chemicals. If the substance in this area is not in the case of using chemicals to kill rats, insects and harmful animals in the area of ​​production, food storage, food ingredients.

7. The form of fumigation and fumigation for rice and flour is not within the scope of the provisions of Point e, Clause 4, Article 9 of Decree No. 115/2018 / ND-CP.However, when applying this measure, Department must ensure not to cause pollution to the product, not to harm consumers.

8. Food production and processing areas in restaurants, hotels, resorts and schools are within the scope of the provisions of Decree No. 115/2018 / ND-CP.