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Unclean food and unclear origin chemicals: The mechanism to enforce sanctions?

Date Submitted: 25/05/2018 - 9:07 AM

In the 26th issue, dated 30/3/2016, DĐDN has mentioned the problem can not wait business ethics when trading chemicals and dirty food has become "national disaster". But even when strong sanctions are in effect, it is difficult to resolve the threat of the entire people.

The existence of Kim Bien chemical market (District 5, HCMC), "the biggest chemical bomb warehouse in the country with a series of unregistered chemicals imported is a small alarm status for the management mechanism of this items.

As reflected, there are about 6/9 tons of salbutamon drug imported by the companies but ... nobody know where those drugs gone (except for the inventory and use of drug processing).

Forbidding registered import but how to controlling unregistered import?


To avoid the circulation of salbutamon not for the medical purpose. Specifically, November 20, 2015 Drug Administration - The Ministry of Health has issued Document No. 21590 / QLD-KD to notify the importer, the Health Department, General Department of Customs on the suspension of import Salbutamol, actively and in close cooperation with the Department of Crime Prevention and Environmental - C49, to inspect and examine all pharmaceutical companies import raw materials Salbutamol.


The Ministry of Health also promptly suspended the import of salbutamol and proposed the addition of banned materials used in other sectors (eg salbutamol in agriculture )into the list of "drugs subject to special control" of the amended Pharmacy Law. The import licensing will be based on the report on the quantity of production, inventory, buying companies, companies selling ...

However, due to the irrevocable law, 6 tons of saltamon was out of the market, and the first responsibility was for pharmaceutical companies to import, besides administrative sanctions, the rest would be silenced. However, at least with the text and the directives of the Ministry of Health, import of substances banned by the government has also blocked the door.

But with the unregistered import, how the management has been and how? This is still a question that even with a dynamic leading city like Ho Chi Minh, the authorities are still suffering from headaches. Typically, the existence and management mechanism of the Kim Bien chemical market (District 5) is still overlapping.

According to statistics by the end of 2015 of the HCM City Department of Industry and Trade, there are 112 chemical business establishments include: 76 company and 36 individual households concentrated in the streets around Kim Bien market such as Go Cong, Van Tuong, Kim Bien, Phan Van Khoe st ... In which the Department of Industry and Commerce has received dossiers and considered granting certificates of eligibility for 57 establishments, including 50 companies and 7 individual businesses dealing in public chemical District 5.


In terms of responsibility, the Department of Industry and Trade manages chemical industries, chemicals are precursors used in agriculture, chemicals used in consumer products; The Department of Health administers chemical preparations, chemicals used in biocides, insecticides in household and medical, pharmaceuticals and food additives; The Agriculture and Rural Development Department manages the chemical activities used in cultivation, husbandry, aquaculture, veterinary medicine, plant protection, preservation and processing of agricultural, forest and aquatic products and food.


Each household is managed by each department but the current status of the chemicals can be found in Kim Bien market, from the processing of drinks, food, cattle weight to chemical "recovery" Ripening food into fresh food ... are available. Manage the largest "chemical bomb warehouse" in the country, from the input stage through the import of key categories, sub-categories, or imported non-customs clearance, to the output stage to sell to whom, consumption as how? Criminal Law revised 2015 whether was the sharpest "sword" to handle enough, tight?


Too many overlapping management organizations mean that no organization is responsible for the same.


Can not manage input, can "plan" the output?


Mr Tran Trong Binh, deputy director of the Department of Environmental Crime Prevention (Ministry of Public Security), said in a speech on "Prohibition on Livestock - Status and Solutions" of the new regulations of the Penal Code 2015 amended effective from July,1, 2016, in addition to the above, if aggravating circumstances are involved, the use of lean substance prohibited in livestock can punish imprisonment for up to 20 years.

According to Mr. Binh, with the improvement of the penal framework, along with the strict management of the process of importing and using beta-agonist substances, the use of banned substances in the coming time will be control.

Lawyer Nguyen Kieu Hung, the lawyer of the Giai Phong Law Firm, commented that with the above regulations instead of administrative penalties, sanctions against the users of chemicals have been improved. Accordingly, without prejudice to the possible consequences of the offender, the detection of the offense, which has been sanctioned by the offender, is an important rule, particularly in the security sector. whole food. "In general, violations of the use of chemicals, banned substances, can not be proven immediately - unless the user is poisoned collectively," Hung said.


According to Mr Hung, in practice, the penalty under the Penal Code is not easy to apply. Because if the carrier, using the banned substances but not aware that it is banned, will apply sanctions in accordance with the prescribed frame or not? "For example, if one sells pho noodle in a market, if one sells noodles using an optical whitener and is detected by the market regulator, a fine of 200 million to five or not? With the current situation, it is necessary to have a synchronous combination of legal "planning", with the tools of strict enforcement and sanctions, and "hard" deterrent penalties. "Production, husbandry, cultivation, food processing. A regional or local planning model, which assigns responsibility to agencies and inspectors for each region or locality, will improve the control of the use of banned substances. . On the other hand, there should also be "sanctions" for managers to loose responsibility, to occur the use of prohibited substances in the area, locality and planning area they are assigned management, said Mr. Hung.


Do not want to name, a lawyer said the problem is in us, agencies and departments are "full of responsibility". The inter-ministerial and inter-ministerial examinations show the sense of responsibility of the ministries and branches. But as the phenomenon of Kim Bien market with the spread of responsibility in management, means too many organizations overlapping management means that no organization will be responsible for the end, it will be difficult to regulate or responsibility of one. This situation if not changed, not improve the revised Criminal Law is also less applicable land. "Who would dare to say that he did not want to" come in "with prohibited substances in breeding, if it was his family, relatives, acquaintances or superiors?" He made himself this question.

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