Ensuring food safety: Who is responsible?

On November 26, 2024, the Dak Lak Provincial Police announced the successful dismantling and prosecution of four business owners who used a banned substance, "candy water," to produce bean sprouts for illicit profit, posing significant risks to consumers' health[1]. These businesses supplied "contaminated" products to the Bach Hoa Xanh supermarket chain in Buon Ma Thuot City, Dak Lak. This incident has further fueled public anxiety over the persistent issue of food safety and hygiene ("FSH").

The food supply chain comprises three key stakeholders: suppliers, distributors, and certification authorities. Thus, when FSH incidents occur, what are the roles and responsibilities of these stakeholders? Who bears the highest level of accountability, and to what extent?

Source: The Saigon Times

FSH: A legal perspective

Suppliers are the entities directly providing products to distributors, playing the most crucial role in the food supply chain as they initiate the process of ensuring FSH. Their responsibilities include:

1. Ensuring that raw materials are produced, harvested, and stored in compliance with FSH standards;

2. Conducting regular testing to confirm that products meet scientific food safety regulations;

3. Providing accurate FSH certifications, including certificates of origin, raw materials, and quality testing[2].

However, if suppliers engage in fraudulent activities, provide substandard products, or misuse certifications, they may face administrative penalties, be required to compensate distributors for damages, and even face criminal liability if their actions result in severe harm to consumers' health.

Distributors: The "gatekeepers of safety" for consumers

Distributors, including retail chains such as Bach Hoa Xanh, Coop Mart, and Winmart, play an essential intermediary role in the supply chain. They are responsible for ensuring that the products delivered to consumers are safe and comply with food safety regulations. Their duties include:

1. Inspecting raw materials and products: Distributors must review the FSH certifications provided by suppliers to ensure legal compliance;

2. Providing transparent product information: Distributors must disclose complete information about the origin and relevant FSH indices of products;

3. Controlling the supply chain: Distributors must establish strict inspection and monitoring processes, especially for perishable goods.

In the event of any FSH incident, distributors are required to (i) Recall the products; (ii) Cooperate with relevant authorities; (iii) Compensate consumers for damages. Recent publicized actions by Bach Hoa Xanh in response to the "contaminated" food crisis demonstrate that these are standard procedures mandated by law for distributors.

Distributors, such as Bach Hoa Xanh, understand that under Decree 43/2017/ND-CP on product labeling, they are obligated to ensure transparency regarding the origin of products. If a distributor has fulfilled its duties and the certifications are legitimate, the primary responsibility shifts to the supplier or the certification authority.

Source: Labor Newspaper

Certification authorities: Where does their responsibility lie?

FSH certifications are issued by competent state agencies after legal and scientific evaluations. However, in many cases, the certification process lacks accuracy or is compromised by fraud. Therefore, certification authorities must collaborate with distributors and suppliers to address incidents when they arise. The responsibility of certification authorities is pivotal in preventing fraud and ensuring transparency in the supply chain. Although certifications are granted following legal and scientific assessments, the actual safety of food products can still be compromised due to inaccurate or fraudulent certification processes.

FSH: From the consumer’s perspective

There is a disparity between the legal framework and the practical enforcement of FSH, especially from a consumer’s viewpoint. Legally, the supplier is deemed the most critical entity and bears the highest responsibility for ensuring FSH, followed by the certification authority and then the distributor. However, to consumers, the distributor—the entity directly providing them with products—bears the greatest responsibility as the “guardian” of their meals’ safety. In practice, during FSH incidents, the parties often shift blame onto one another, avoiding accountability. This is particularly true for distributors and certification authorities, who frequently assert that they have adhered to all regulations and procedures. Consumers, then, come to realize that compliance with regulations alone does not guarantee their safety.

Everyone understands that laws, if merely rigid rules on paper without ethical business practices, cannot ensure safe meals for consumers. Without genuine accountability, distributors and certification authorities may easily circumvent the responsibilities imposed by law. It is our belief that legal documents, procedures, and conditions for products to reach supermarket shelves and consumers are only the necessary conditions. The sufficient condition is that the stakeholders in the supply chain, such as distributors and certification authorities, not only meet regulatory requirements but also genuinely consider the perspective of consumers. When this perspective is adopted, distributors will likely take additional steps beyond standard procedures, such as reviewing suppliers’ operational histories, conducting on-site inspections, and performing other evaluations before products reach consumers. Only when distributors and their staff are confident in consuming the products they distribute will consumers' anxieties be somewhat alleviated.