Extraction, labeling and distribution of chemicals to markets is a manufacture and business activities that requires strict conditions to be carried out because the nature of chemicals could easily affect the environment and human health. Through this writting below, T2H Lawyers would like to provide you information about conditions for these activities.
1.Conditions for chemical extraction:
First of all, enterprises must be granted a certificate of eligibility for chemical production and meet special conditions for division of chemicals.
Article 7 of Decree No.113/2017/ND-CP specifies about requirements on division and packaging of chemicals as follows:
“1. Chemicals shall be divided and packaged at places satisfying the conditions on fire and explosion prevention and fighting, environmental protection and occupational safety and health under relevant laws.
- Equipment for division and packaging of chemicals must satisfy general requirements on safety under current national standards and technical regulations. Machinery, equipment and supplies subject to strict requirements on safety and measuring and testing equipment shall be inspected, calibrated, adjusted and maintained under current regulations on inspection of machinery and equipment.
- Packagings, containers and labels of chemicals used for divided or packaged chemicals must satisfy the requirements specified in Clause 3, Article 5 of this Decree.
- Workers who personally divide and package chemicals shall be trained in chemical safety.”
- Conditions for labeling:
Clause 5 Article 124 of Law on Intellectual Property specifies that use of a trademark means the performance of the following acts:
“a/ Affixing the protected trademark on goods, goods packages, means of business, means of service provision, transaction documents in business activities;
b/ Circulating, offering, advertising for sale or stocking for sale goods bearing the protected trademark;
c/ Importing goods or services bearing the protected trademark.”
Besides, the April 04, 2017 Article 11 of Decree No.43/2017/ND-CP which promulgated by Goverment prescribes on goods labeling specifies about Names of goods as follows:
“The name of goods must be shown in an easily noticeable and readable position on their label. Letters showing the name of goods must be the biggest in size compared with those showing other compulsory contents of their label.
Names of goods shown on their label shall be given by their manufacturers or traders. Names of goods must not cause misunderstanding about their nature, use and ingredients.
In case the name of an ingredient is used as the name or part of the name of the goods, the quantity of such ingredient shall be shown, except for the case prescribed in Clause 4, Article 13 of this Decree.”
Consequently, if having an agreement with the manufacturer about the activities as division, labeling of chemicals, the enterprise could affix their own ‘s trademark on new packaging after extraction.
- Conditions for distribution of chemicals to markets:
After extraction, packaged and labeling of chemicals, the enterprise intend to distribute their products to markets must have a certificate of eligibility for trade in chemicals.
Contact T2H Lawyers for more information.
T2H Law Liability limited company
Head office: G4-4A, Dormitory 708, Lien Ninh, Thanh Tri, Hanoi
Branch office: 20N7A Nguyen Thi Thap, Nhan Chinh Ward, Thanh Xuan District, Hanoi.
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