What is the penalty for not self-declaring products?

Not self-declaring products is a violation of food safety laws, which can result in serious penalties. So what is product self-declaration? What is the penalty for not self-declaring products? Let’s learn about regulations and responsibilities of businesses in this article.

What is product self-declaration? Product types require self-declaration

Product self-declaration is when a business proactively declares information about its product to competent authorities before launching it to the market. This is to ensure the product meets food safety and quality standards and protects consumer rights.

Types of products that require self-declaration include:

• Processed and pre-packaged foods.
• Food additives, food processing aids.
• Food containers and packaging materials in direct contact with food.

Note:

• Some special products such as health protection foods, medical nutritional foods, foods for special diets… do not have to be self-declared but need to register for a product declaration.
• Products and raw materials used only for export production or internal production and not for domestic consumption are exempt from self-declaration.

What is the penalty for not self-declaring products?

According to Decree 15/2018/ND-CP and Decree 115/2018/ND-CP, not self-declaring products can be sanctioned in the following forms:

• Fine: The fine ranges from 20,000,000 VND to 60,000,000 VND depending on the severity of the violation and the violator (individual or organization). Specifically, according to Clause 4, Article 5 of Decree 15/2018/ND-CP, if the product has a change in name, origin, or composition, the enterprise must self-declare it. Failure to self-declare in this case will be penalized according to Point a, Clause 4, Article 22 of Decree 115/2018/ND-CP.
• Additional penalties: In addition to fines, businesses can also be deprived of the right to use the product declaration registration receipt, forced to revoke the product self-declaration, or have their operations suspended…

For example:

• Enterprise A produces confectionery but does not self-declaring products. As a result of the inspection, business A was fined and forced to stop circulating products on the market.
• Company B has self-announced its beverage product. However, the company later changed the product formula but did not re-announce it. This behavior is also punished according to regulations.

Current product self-declaration procedures

Procedures for self-declaration of products are carried out online through the Electronic Information Portal of the Ministry of Health. Enterprises need to prepare complete and accurate documents according to regulations, including:

• Product self-declaration copy.
• Documents proving the origin, origin, and quality standards of the product.
• Certificate of establishment meeting food safety conditions (if any).

After submitting the application, the competent authority will review and issue a Certificate of receipt of product declaration registration. According to Clause 2, Article 3 of Decree 115/2018/ND-CP (amended by Point b, Clause 2, Article 1 of Decree 124/2021/ND-CP), the fine for organizations is double the fine for individuals when violating food safety regulations.

Note:

• Records must be made in Vietnamese. If documents are in a foreign language, they must be translated and notarized.
• Businesses need to update the latest regulations on product self-declaration to ensure legal compliance.

Consulting service to support product announcement at Long Phan

The product self-declaration procedure can be complicated and time-consuming. To avoid errors and ensure the process goes smoothly, customers can use the product announcement support consulting service at Long Phan.

Long Phan is a reputable unit with a team of experienced experts, knowledgeable about food safety laws. We are committed to providing customers with professional, effective services at reasonable costs.

Long Phan’s services include:

• Consulting on legal regulations and product self-declaration procedures.
• Support in drafting documents and completing procedures.
• Representing customers in working with authorities.
• Provide other support services upon request.
• Consulting on penalty regulations when not self-declaring products.

Benefits when using Long Phan’s services:

• Save time and effort.
• Minimize the risk of violating the law.
• Ensure documents are valid and approved quickly.
• Get advice from experts who understand the law.

Self-declaration of products is mandatory for most foods. Not self-declaring products will be punished according to the provisions of law. To ensure legal business operations and consumer protection, customers should proactively learn and comply with regulations on product self-declaration. For advice and support on product self-declaration procedures, please contact Long Phan via the hotline 0906735386.