Inadequate regulations of Decree 09 need to be addressed for food processing enterprises

DNHN - For the past 8 years, the mandatory regulations on adding micronutrients to food ingredients have sparked a wave of reactions from businesses, as they are not in line with science and risk management, nor are they practical.

In the official document from six food industry associations (including: Ho Chi Minh City Food and Foodstuff Association (FFA), Vietnam Association of Seafood Exporters and Producers (VASEP), Vietnam Cashew Association (VINACAS), Phu Quoc Fish Sauce Association, Transparent Food Association (AFT), High-Quality Vietnamese Goods Business Association) sent to the Prime Minister, it was stated that: The past 8 years have shown that the widespread application lacks scientific basis, does not follow risk management, causing many difficulties for the food processing industry, affecting not only domestic businesses but also export sectors: Many countries do not accept food with added iodine (e.g., Japan, Australia... require businesses to have certificates of non-use of iodized salt to export); businesses are forced to produce both export and domestic goods on the same production line (there is no better option) and must ensure absolute avoidance of cross-contamination, which is very time-consuming and costly. This regulation reduces the competitiveness of domestic and Vietnamese export goods, as the cost of imported goods is lower because they do not have to incur the costs of enhancing iodine, iron, and zinc, making Vietnamese goods lose at home. While the government is making great efforts to support Vietnam in increasing competitiveness, this regulation is causing heavy difficulties and costs amid unprecedented declines in purchasing power, and compared to a few years ago, the difficulties for businesses have increased significantly.

Ms. Ly Kim Chi, President of the FFA, representing six industry associations, said that in January 2016, the government issued Decree 09, stipulating that salt used for direct consumption and food processing must be iodized; flour used in food processing must be fortified with iron and zinc. At that time, many businesses faced difficulties and made numerous recommendations.

For the past eight years, the business community has continuously raised concerns about the inadequacies of this regulation, arguing that it is not in line with science and risk management, as well as practical and international experience. After many reasonable recommendations, businesses were very pleased when on May 15, 2018, the government issued Resolution No. 19-2018/NQ-CP, directing the Ministry of Health to study, amend, and supplement Decree 09/2016 in the direction of abolishing this regulation, instead only encouraging food processing businesses to use it, not mandating it.

Particularly, from March 2023 to January 2024, Deputy Prime Minister Tran Hong Ha issued a document directing the Ministry of Health to promptly amend Decree 09 according to the directives in Resolution 19 and submit it to the government in the third quarter of 2024.

However, the business community and food industry associations were very surprised and disappointed with the draft amendment to Decree 09 by the Ministry of Health, as the draft largely retains the problematic regulations of Decree 09.

Sharing about the irrationality of this regulation, Mr. Dang Thanh Tai, Vice President of the Phu Quoc Fish Sauce Association, said that in 2019, the association commented on the third draft of the national technical regulation for refined salt (sodium chloride) and the national technical regulation for salt (sodium chloride).

In the draft regulation, there are chemical and physical criteria required for food salt, including "iodine with a limit threshold of 20-40mg/kg" and other criteria attached. With this regulation, the Fish Sauce Association found it impossible to apply to Phu Quoc fish sauce because it does not fit the actual production process that has been protected by the EU, using only "fish and coarse salt" without any other substances. Even the coarse salt is specified to be produced in a specific area. This process has been followed by association members without any changes to date.

"Therefore, Decree 09 stipulates that salt used in food processing must be iodized, but we believe that anchovy fish itself already has a natural iodine content.

Furthermore, Phu Quoc fish sauce is unique in that it is fermented in wooden barrels. The traditional production method is completely natural and has been protected by the EU for geographical indications since 2012. With this long-protected fish sauce production process in Europe, Phu Quoc fish sauce cannot add iodine according to Decree 09," Mr. Tai asserted.

Mr. Pham Trung Thanh, external relations representative of Acecook VN, expressed frustration, stating: Currently, Hao Hao noodles are the company's most famous flagship brand, exported to more than 30 countries, generating about 40 million USD in annual revenue. Among these, Japan is a strategic market, but in this country, iodine is not on the list of allowed micronutrients. Iron and zinc must also meet very strict standards, particularly zinc, which is not allowed to be added to any foods other than breast milk substitutes and foods used to maintain health according to Japan's specific regulations. Therefore, to export Hao Hao noodles to Japan, the company must use ingredients without the aforementioned micronutrients and organize separate production for domestic and export products. This increases many costs. Not only that, the Hao Hao product for the domestic market (with added iodine, iron, and zinc) has been deliberately mixed into containers or transported by air to Japan by some companies. This behavior poses the risk of Acecook VN's products violating Japan's food safety laws. Acecook VN has printed on the packaging and cartons containing the product the message "Only for domestic use" and has repeatedly sent official notifications to all its product distributors in Vietnam about not exporting or selling domestic products for export. However, there have been cases where domestic Hao Hao products were exported to Japan in this manner, discovered and not cleared. "When this was discovered, although Acecook VN was not the exporter, it was contacted by Japanese customs authorities and asked to explain. This not only caused us to spend time and effort resolving issues with local customs but also put the company at risk of a media crisis in both the export market and Vietnam," Mr. Pham Trung Thanh said.

Similarly, Ms. Nguyen Thi Tinh, Deputy General Director of Vifon VN Food Industry Joint Stock Company, said: "To produce products using flour for both the export and domestic markets, our company has to stop the machines to switch because of the use of different main ingredients, causing many difficulties in daily production. This incurs many costs for labor, cleaning, electricity, water, and wastewater treatment. The cleaning process alone takes 10-15 hours to switch from domestic operation to export, disrupting the production line, thus affecting the productivity and output of the entire factory."

According to Ms. Nguyen Thi Tinh, Vifon cannot invest in new production lines to separate domestic and export products because the cost ranges from 100 to 150 billion VND, and the orders do not guarantee the full utilization of the factory's capacity, causing a significant waste of resources. "In the current economic context, the general purchasing power of the market, both domestic and export, has declined. We are facing fierce competition with other countries in bidding and always fear cross-contamination of iodine during production, leading to the loss of orders, especially in demanding markets like the EU, South Korea, and Japan. We have to calculate to optimize costs, seek and retain customers to ensure jobs and livelihood for workers. Therefore, investing in a new production line is not feasible at this time," the Vifon representative affirmed.

According to food expert Vu The Thanh, adding iodine, iron, and zinc to food is necessary for public health, without question. The issue is choosing a reasonable solution that does not affect product quality, business competitiveness, and consumer choice. The Ministry of Health should sit down with businesses, including reassessing micronutrient deficiencies. From there, apply a solution. For example, iodized salt can be added to industrial fish sauce (accounting for 75% of the market share), soy sauce, or school milk. Zinc and iron can be added to seasoning powder…

Tu Anh