Table of Contents:
1. What is food poisoning?
2. Liability of the seller who causes food poisoning?
2.1 Administrative sanctions
2.2 Criminal prosecution
1. What is food poisoning?
Pursuant to the Regulations stipulated in Clause 1, Article 3 of Decision 39/2006/QD-BYT on promulgation of “Statute for food poisoning investigation”, “Food poisoning” is explained as an acute syndrome caused by the consumption of food or drink containing hazardous substances, which lead to symptoms in stomach, bowel, nervous system or others depending on the poisoning elements.
2. Liability of the seller who causes food poisoning?
2.1 Administrative sanctions
Pursuant to Point a, Clause 6, Point a, Clause 8, Point b, Clause 10 and Clause 11, Article 22 of Decree 115/2018/ND-CP (amended by Decree 124/2021/ND-CP), the administrative sanctions for the act of selling food that causes food poisoning to others are as follows:
Point a, Clause 6, imposes a fine of VND 40,000,000 to VND 50,000,000 for one of the following acts: “a) Importing, producing, processing, supplying, selling food that causes food poisoning affecting the health of 01 to 04 people but not to the extent of criminal prosecution;”
Point a, Clause 8, imposes a fine of VND 80,000,000 to VND 100,000,000 for one of the following acts: “a) Importing, producing, processing, supplying, or selling food that causes food poisoning affecting the health of 05 or more people but not to the extent of criminal prosecution;”
Point b, Clause 10, stipulates additional penalties: “b) Suspending part or all of the production, processing, trading, and supplying of food for 03 to 05 months for violations of the provisions in Clause 8 of this Article;”
Clause 11, Provisions on remedial measures:
“a) Forcing the recall of food for violations of the provisions in Clauses 1, 5, 6, 7, 8, and 9 of this Article;
b) Forcing the destruction of food for violations of the provisions in Clauses 6, 7, 8, and 9 of this Article;
c) Forced to bear all costs for handling food poisoning, examination and treatment of food poisoning victims for violations of the provisions at Point a, Clause 6 and Point a, Clause 8 of this Article;
d) Forced to withdraw the self-declared product for products subject to self-declaration of products violating the provisions at Point a, b, Clause 4, Point a, Clause 5, Clauses 6, 7, 8 and 9 of this Article.”
2.2 Criminal prosecution
For the sale of food causing food poisoning that has sufficient elements to constitute a crime, criminal prosecution may be carried out according to Article 317 of the Penal Code 2015, amended and supplemented in 2017 when the following acts occur:
“1. A person who commits any of the following violations against regulations of law on food safety shall be liable to a fine of from VND 50,000,000 to VND 200,000,000 or a penalty of 01 – 05 years’ imprisonment:
a) Using banned substances in manufacture, preparation, processing, preservation of food or selling, providing food in the knowledge that it contains banned substances;
b) Using chemicals, antibiotics, veterinary medicines, pesticides banned from farming, breeding, aquaculture, salt production, preparation, processing, preservation of agricultural, forestry, aquaculture products and salt creating an amount of residue beyond permissible limit in products;
c) Using chemicals, antibiotics, veterinary medicines, pesticides, environment recovery substances that are not on the list of permissible substances or of unknown origins or against regulations on preparation, processing, preservation of agricultural, forestry, aquaculture products creating an amount of residue beyond permissible limit in products; or committing the offence while having incurred an administrative penalty for any of the offences specified in this Point or Point a of this Clause;
d) Processing, providing or selling food in the knowledge that it does not comply with technical regulations or regulations on food safety; using chemicals, additives, processing agents that are not on the list of permissible substances or of unknown origins for manufacture, preparation, processing or preservation of food causing bodily harm to 01 person who suffers from 31% – 60% WPI or bodily harm to more than one person who suffer from a total WPI of 31% – 60% or earning an illegal profit of from 50,000,000 – VND 100,000,000.
2. This offence committed in any of the following circumstances carries a fine of from VND 200,000,000 to VND 500,000,000 or a penalty of 03 – 07 years’ imprisonment:
a) Organized;
b) Causing death;
c) Causing poisoning that seriously affects the health of from 21 to 100 people;
d) Causing harm to the health of others with a body injury rate of 61% or more;
d) Causing harm to the health of 02 or more people with the total body injury rate of these people from 61% to 121%;
e) Food using substances, chemicals, antibiotics, veterinary drugs, pesticides, food additives or food processing aids banned from use or not on the list of permitted use with a value from 100,000,000 VND to under 300,000,000 VND or illegal profits from 20,000,000 VND to under 100,000,000 VND;
g) Food using raw materials from animals that died from diseases, epidemics or animals that were destroyed with a value from 100,000,000 VND to under 300,000,000 VND;
h) Food containing substances, chemicals, antibiotics, veterinary drugs, pesticides, food additives or food processing aids that are not permitted for use or circulation in Vietnam, with a value of from VND 300,000,000 to under VND 500,000,000 or illegal profits from VND 100,000,000 to under VND 200,000,000;
i) Dangerous recidivism.
3. Committing a crime in one of the following cases shall be punished with imprisonment from 07 years to 15 years:
a) Causing the death of 02 people;
b) Causing serious poisoning affecting the health of from 101 to 200 people;
c) Causing harm to the health of 02 or more people with a total bodily injury rate of these people from 122% to 200%;
d) Food containing substances, chemicals, antibiotics, veterinary drugs, pesticides, food additives or food processing aids prohibited from use or not on the list of permitted use, valued from VND 300,000,000 to under VND 500,000,000 or illegal profits from VND 100,000,000 to under VND 300,000,000;
d) Food containing raw materials from animals that died of disease, epidemics or animals that were destroyed, valued from VND 300,000,000 to under VND 500,000,000;
e) Food containing substances, chemicals, antibiotics, veterinary drugs, pesticides, food additives or food processing aids that are not permitted for use or circulation in Vietnam, with a value from VND 500,000,000 to under VND 1,000,000,000 or illegal profits from VND 200,000,000 to under VND 500,000,000.
4. Committing a crime in one of the following cases shall be punished by imprisonment from 12 to 20 years:
a) Causing the death of 03 or more people;
b) Causing poisoning that seriously affects the health of 201 or more people;
c) Causing harm to the health of 03 or more people with a total bodily injury rate of 201% or more;
d) Food containing substances, chemicals, antibiotics, veterinary drugs, pesticides, food additives or food processing aids that are prohibited or not on the list of permitted substances, worth VND 500,000,000 or more, or illegal profits of VND 300,000,000 or more;
d) Food containing raw materials from animals that died of disease or epidemics or animals that have been destroyed, worth VND 500,000,000 or more;
e) Food containing substances, chemicals, antibiotics, veterinary drugs, pesticides, food additives or food processing aids that are not permitted for use or not yet permitted for circulation in Vietnam, worth VND 1,000,000,000 or more, or illegal profits of VND 500,000,000 or more.
5. The offender may also be fined from VND 20,000,000 to VND 100,000,000, banned from holding positions, practicing a profession or doing certain jobs from 01 to 05 years.”