Food safety and hygiene newsletter Mar. 2026

On 04 February 2026, the Government of Vietnam issued Resolution No. 09/2026/NQ-CP to temporarily suspend the effectiveness and adjust the implementation timeline of Decree No. 46/2026/ND-CP, which provides detailed regulations and measures for the implementation of certain provisions of the Law on Food Safety, as well as Resolution No. 66.13/2026/NQ-CP concerning the declaration and registration of food products.

When these two regulations were promulgated, they were expected to establish a new and more stringent legal framework for the declaration, registration, inspection, and management of food products. However, during actual implementation, numerous difficulties and challenges arose, particularly in the inspection of imported and exported food products and in administrative procedures applicable to enterprises.

In response to this situation, the Prime Minister requested relevant ministries and authorities to urgently assess the impacts and propose solutions in order to avoid disruptions to the circulation of goods and adverse effects on production and business activities. Resolution No. 09/2026/NQ-CP was issued in this context, reflecting the Government’s flexible, responsive, and business-supportive approach.

Key contents of Resolution No. 09/2026/NQ-CP

1. The effectiveness of Decree No. 46/2026/ND-CP and Resolution No. 66.13/2026/NQ-CP is temporarily suspended until 15/04/2026 and will resume effect from 16/04/2026.
2. During the suspension period, Decree No. 15/2018/ND-CP and its implementing and guiding documents remain in effect.
3. This Resolution takes effect from 04/02/2026.

Accordingly, Resolution No. 09/2026/NQ-CP serves as a temporary measure to create a “policy buffer period,” allowing regulatory authorities to further improve implementation conditions and issue more detailed guidance. At the same time, the Resolution helps maintain legal stability and avoid disruptions in state management as well as in the operations of food-related businesses.

For more details, please see the attached link: https://thuvienphapluat.vn/van-ban/Bo-may-hanh-chinh/Nghi-quyet-09-2026-NQ-CP-tam-ngung-hieu-luc-Nghi-dinh-46-2026-ND-CP-693902.aspx

Circular 75/2025/TT-BNNPTNT on the Promulgation of the List of Plant Protection Products Permitted for Use in Vietnam and the List of Plant Protection Products Banned from Use in Vietnam

On February 10, 2026, Circular 75/2025/TT-BNNPTNT came into effect, officially replacing the previously applied system of lists of plant protection products permitted and banned from use under Circular 25/2024/TT-BNNPTNT and its amending document 03/2025/TT-BNNMT. The following are the notable changes:

1. Expansion of the List of Plant Protection Products Permitted for Use

Compared to Circular 25/2024/TT-BNNPTNT, Circular 75/2025/TT-BNNPTNT increases the number of products permitted for use across most categories, including insecticides, fungicides, herbicides, rodenticides, plant growth regulators, and products used for golf courses.

2. No Changes to the List of Plant Protection Products Banned from Use

An important point of stability is that the list of banned products remains unchanged, with no new active ingredients added compared to Circular 25/2024/TT-BNNPTNT.

3. Supplemented Regulations on the Importation of Carbosulfan

Circular 75/2025/TT-BNNPTNT introduces a new provision: Carbosulfan: remains permitted for circulation in Vietnam, but its importation must comply with foreign trade management regulations, as this active ingredient is listed in Annex III of the Rotterdam Convention.

4. Transitional Provisions for Carbosulfan and Benfuracarb

Transition timelines:

• Carbosulfan:
  • Allowed to continue production for an additional 3 months
  • Allowed to be traded and used for an additional 2 years
• Benfuracarb:
  • Prohibited from importation from the effective date
  • Allowed to continue production for 3 additional months
  • Allowed to be traded and used for 1 year

5. Documents Repealed

As of February 10, 2026, Circular 75/2025 officially replaces the following two documents:

• Circular 25/2024/TT-BNNPTNT promulgating the list of plant protection products permitted for use in Vietnam and the list of plant protection products prohibited for use in Vietnam.
• Circular 03/2025/TT-BNNMT amending and supplementing Circular 25/2024/TT-BNNPTNT dated December 16, 2024, of the Minister of Agriculture and Rural Development on promulgating the list of plant protection products permitted for use in Vietnam and the list of plant protection products prohibited for use in Vietnam.

Link: https://vanban.chinhphu.vn/?pageid=27160&docid=216337

U.S

EPA adjusts pesticide residue levels on certain crops and fruits 01/2026

1. Amendment Notice dated 14/01/2026 regarding Permethrin

On January 14, 2026, after reviewing the submission from the Interregional Research Project Number 4 (IR-4), the U.S. Environmental Protection Agency (EPA) issued a regulation to establish and amend tolerances for the pesticide active ingredient Permethrin on multiple agricultural commodities. This decision includes the establishment of a tolerance for a new commodity (dragon fruit) and the conversion and expansion of crop groups (corn and leafy vegetables).

Effective date: The rule is effective as of January 14, 2026.

Interested parties may file objections or requests for a hearing by March 16, 2026, in accordance with 40 CFR part 178. The complete docket is available at regulations.gov under docket ID EPA-HQ-OPP-2024-0201.

EPA officially amends 40 CFR part 180.378, establishing maximum residue limits for the combined residues of cis- and trans-permethrin on the following commodity groups:

Revoked categories: To avoid overlap, EPA concurrently revokes the existing tolerances for: Field corn, grain (0.05 ppm), Popcorn, grain (0.05 ppm), Leafy greens subgroup 4A (20 ppm), Head lettuce (20 ppm), and Spinach (20 ppm).

Key points and changes compared to the original petition:

• Adjustment of the residue level on dragon fruit: EPA established a tolerance of 3 ppm, higher than the 1.5 ppm proposed by IR-4. This is because the petitioner calculated based on the average of individual isomers, whereas EPA applied the OECD calculation procedure based on the combined residues of all isomers at each trial site, resulting in a 3 ppm tolerance to adequately reflect real-world residue levels.
• Significant increase in tolerances for leafy greens: The tolerance for Leafy greens subgroup 4-16A and related Brassica leafy vegetables was increased from 20 ppm to 50 ppm. This change is based on newly generated data and serves to reduce the risk of MRL violations in trade while maintaining full consumer safety.
• Protection of children’s health: EPA confirmed that these tolerances meet the safety standard under the FFDCA. Based on reliable scientific data, EPA continues to apply an FQPA safety factor of 1X rather than 10X, as there is no evidence of increased susceptibility for infants and children from cumulative exposure to this active ingredient.

2. Amendment Notice dated 14/01/2026 regarding Pyriofenone

On January 14, 2026, following receipt and evaluation of a petition submitted by ISK Biosciences Corporation, the U.S. Environmental Protection Agency (EPA) issued a final rule establishing new tolerances and amending existing tolerances for residues of the fungicide active ingredient Pyriofenone on apples, cherries, and the low-growing berry crop group.

Effective date: The rule is effective as of January 14, 2026.

Individuals or organizations may file objections or requests for a hearing by March 16, 2026, pursuant to 40 CFR part 178. The complete docket is available at regulations.gov under docket ID EPA-HQ-OPP-2024-0239.

EPA officially amends 40 CFR part 180.378 to establish and revise maximum residue limits for total residues of Pyriofenone (5-chloro-2-methoxy-4-methyl-3-pyridinyl)(2,3,4-trimethoxy-6-methylphenyl)methanone, including its metabolites and degradates, on the following agricultural commodities:

Key points and changes compared to the original petition:

During the approval process, EPA made several important adjustments compared to the initial proposal from ISK Biosciences Corporation to align with technical realities and safety standards:

• Reduction of the tolerance for wet apple pomace: The final tolerance was set at 0.5 ppm, lower than the originally proposed level of 0.69 ppm. This decision was based on a combined assessment of the highest mean field trial residues and realistic processing factors.
• International harmonization to support trade: The increase in the tolerance for the low-growing berry group (primarily strawberries) to 2 ppm was intended to harmonize with Japan’s MRL. This action supports Japanese producers exporting strawberries to the U.S. market, in response to a request from the Japanese Ministry of Agriculture, Forestry and Fisheries.
• Standardization of numerical formatting: EPA removed unnecessary trailing zeros after the decimal point (e.g., from 0.30 to 0.3) to comply with OECD rounding rules and current regulatory drafting standards.
• Safety assessment for sensitive populations: After reviewing toxicological data, EPA continues to apply a reduced FQPA safety factor of 1X instead of 10X. The Agency confirmed that the new tolerances do not pose acute risks and are protective of children, based on current consumption data.

Link:

https://www.federalregister.gov/documents/2026/01/14/2026-00545/permethrin-pesticide-tolerances

https://www.federalregister.gov/documents/2026/01/14/2026-00628/pyriofenone-pesticide-tolerances

FDA Issues Guidance on “No Artificial Colors” Labeling 05/02/2026

On February 5, 2026, the U.S. Food and Drug Administration (FDA) officially issued a Letter to the food industry regarding labeling claims related to “No Artificial Colors”. This action represents an important step under the “Make America Healthy Again (MAHA)” initiative, aiming to encourage the U.S. food industry to transition from petroleum-based synthetic colors to color additives derived from natural sources.

Under current FDA regulations, all color additives, whether derived from natural or synthetic sources, are classified under the single term “artificial color.” This definition has created challenges for food businesses, particularly for companies that have replaced synthetic colors with naturally derived colors but have been unable to use “No Artificial Colors” claims on their product labeling.

The FDA acknowledged that this approach may cause consumer confusion and may inadvertently act as a barrier to the transition toward what are considered safer color alternatives.

According to the Letter, the FDA stated that it intends to exercise enforcement discretion and does not intend to take enforcement action against firms that use the following voluntary labeling claims:

• Made without artificial food colors/colorings
• No artificial color/colors/coloring
• No added artificial color/colors/coloring

Mandatory conditions:

• Products must not contain any color additives certified under the FD&C Act, as listed in 21 CFR Part 74 (primarily petroleum-based synthetic colors).
• This enforcement discretion does not apply to products that continue to contain FD&C-certified color additives.

This FDA guidance letter marks a significant shift in U.S. food labeling policy. Allowing flexibility in the use of “No Artificial Colors” claims not only reduces regulatory barriers for manufacturers, but also provides a strong incentive for the food industry to move toward greater transparency and more consumer-friendly labeling practices.

However, opportunities come with responsibilities. Food businesses must clearly understand the scope and limitations of this policy, avoid misuse of labeling claims, and ensure full compliance with all applicable legal requirements.

For more information, please refer to the following link: https://www.fda.gov/food/food-chemical-safety/letter-food-industry-no-artificial-colors-labeling-claims

FDA re-evaluates the safety of the Food Additive Butylated Hydroxyanisole (BHA) 10/02/2026

1. Background

On February 10, 2026, the U.S. Food and Drug Administration (FDA) officially launched a comprehensive re-evaluation campaign for the substance Butylated Hydroxyanisole (BHA). This is part of a strategic roadmap implemented by the FDA since May 2025 to strengthen the management of chemicals within the food supply.

This review is conducted through the Post-market Assessment mechanism, a systematic process aimed at re-examining substances that were approved decades ago but are now facing new scientific concerns regarding toxicity.

2. Technical Profile of Butylated Hydroxyanisole (BHA)

BHA is a synthetic phenolic antioxidant widely used to prevent the rancidity of fats and oils, thereby maintaining flavor stability and extending product shelf life.

• Approval history: BHA was included in the “Generally Recognized As Safe” (GRAS) list in 1958 and was officially approved as a food additive in 1961.
• Current applications: This substance is present in a wide range of products, including frozen foods, breakfast cereals, confectionery, ice cream, and processed meat products. Additionally, BHA is also used in food-contact materials (packaging, wrapping films).
• Usage status: Although market data indicates a decline in BHA use in premium packaged food segments, the substance remains commonly found in mainstream food products, particularly those targeted at children.

3. Scientific Basis

This re-evaluation stems from in-depth reports by the National Toxicology Program (NTP) under the U.S. National Institutes of Health (NIH). Experimental studies on animal models have provided evidence indicating that BHA may be carcinogenic. Specifically, the NTP has classified BHA as “reasonably anticipated to be a human carcinogen.” These data directly conflict with the current GRAS status of the substance, requiring the FDA to conduct a reassessment based on the most modern scientific standards.

4. FDA System Reform Strategy

The re-evaluation of BHA is part of a broader regulatory plan jointly implemented by the U.S. Department of Health and Human Services (HHS) and the FDA:

• Increasing GRAS transparency: The FDA is advancing proposed regulatory reforms to overhaul the GRAS legal framework. The objective is to end the practice of companies independently issuing GRAS conclusions without adequate regulatory oversight, thereby enhancing transparency across the entire supply chain.
• Chemical action roadmap: BHA has been identified as a top priority. After completing this evaluation, the FDA is expected to expand its review to substances with similar structures and properties, such as:
  • BHT (Butylated Hydroxytoluene): Another synthetic preservative commonly used alongside BHA.
  • Azodicarbonamide: A flour-conditioning agent currently under controversy due to its use in industrial products such as yoga mats.

5. Conclusion and Implementation Direction

For this initiative, the FDA affirms that its goal is to protect public health by eliminating risk factors that no longer align with modern safety standards. If BHA fails to demonstrate safety, the FDA will initiate legal procedures to remove the substance from the food supply.

The FDA has now opened its portal to receive technical information from experts, businesses, and the scientific community to finalize the evaluation report.

Link: https://www.fda.gov/news-events/press-announcements/fda-launches-assessment-bha-common-food-chemical-preservative?utm_medium=email&utm_source=govdelivery

EU

Issuance of Regulation (EU) 2026/250: Important adjustments to the use of Bisphenol A (BPA) in food contact materials on 02/02/2026

Foodborne Poisoning Caused by Cereulide in Infant Formula Products

According to data from the European Union’s Rapid Alert System for Food and Feed (RASFF), from early 2026 to 20 February 2026, the infant nutrition sector has recorded more than 16 alert notifications related to cereulide contamination in infant formula products and raw materials used in their production. All notifications were classified as “Potentially serious” reflecting the severity and wide impact of this incident.

1. What is Cereulide?

Cereulide is an emetic toxin produced by certain strains of Bacillus cereus. This toxin is highly heat‑stable, resistant to stomach acid and digestive enzymes, and cannot be removed during infant formula processing. In infants, cereulide can cause:

• Severe nausea and vomiting
• Abdominal pain and rapid dehydration
• Electrolyte imbalance, increasing the risk of hospitalization compared to older children

Cereulide has been detected in ARA (arachidonic acid) oil — an essential nutritional ingredient used in infant formula. This makes early detection challenging unless high‑sensitivity testing methods are applied.

2. Risk Assessment and Safety Threshold Established by EFSA

In the joint risk assessment conducted by the European Food Safety Authority (EFSA) and the European Centre for Disease Prevention and Control (ECDC):

• Health impact: low to moderate depending on age; infants under 6 months are more vulnerable to severe dehydration.
• Current exposure risk: considered low due to large‑scale recalls, although risks remain if recalled products are still present in households.

On 02 February 2026, EFSA for the first time established an Acute Reference Dose (ARfD) for cereulide in infants — the maximum amount of toxin that can be ingested within a day without posing a health risk:

• ARfD for cereulide: 0.014 µg/kg body weight

Risk of exceeding the ARfD occurs when cereulide concentrations in formula reach:

• Infant formula: > 0.054 µg/L
• Follow‑on formula: > 0.10 µg/L

Consumption levels used as the basis for exposure assessment:

• Infants 0–4 months: 260 mL/kg/day
• Infants 4–12 months: 140 mL/kg/day

3. Conclusion

This incident demonstrates that monitoring Bacillus cereus alone is insufficient, as cereulide can persist even when the bacteria are no longer present. Therefore, manufacturers must shift toward direct testing for cereulide in both raw materials and finished products.

Given EFSA’s very low ARfD (0.014 µg/kg body weight) and risk thresholds starting at 0.054–0.10 µg/L, companies are required to:

• Test cereulide in both raw materials and finished products
• Establish internal limits stricter than EFSA’s recommendations
• Strengthen hygiene controls, particularly concerning Bacillus cereus biofilm risks
• Standardize alert and recall procedures to minimize public health risks

In summary, cereulide has reshaped safety standards in the infant formula industry, shifting risk management from reactive approaches to proactive prevention based on scientific evidence.

Reference links:

• EFSA & ECDC Rapid Outbreak Assessment:

https://www.efsa.europa.eu/en/news/efsa-and-ecdc-rapid-outbreak-assessment-cereulide-incident-likelihood-exposure-low

• ECDC Multi‑country foodborne event caused by cereulide in infant formula products:

https://www.ecdc.europa.eu/en/publications-data/multi-country-foodborne-event-caused-cereulide-infant-formula-products