Circular No. 05/2010/TT-BNNPTNT dated January 22, 2010 of the Ministry of Agriculture and Rural Development guiding the hygiene and safety inspection and control of agricultural food before market circulation

CIRCULAR

GUIDING THE HYGIENE AND SAFETY INSPECTION AND CONTROL OF AGRICULTURAL FOOD BEFORE MARKET CIRCULATION

THE MINISTRY AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to the Government's Decree No. 01/ 2008/ND-CP of January 3, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Government's Decree No. 75/ 2009/ND-CP of September 10, 2009, amending

Article 3 of the Government's Decree No. 01/ 2008/ND-CP of January 3, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Ordinance on Food Hygiene and Safety, and the Government's Decree No. 163/2004/ND-CP of September 7, 2004, detailing a number of articles of the Ordinance on Food Hygiene and Safety;

Pursuant to the Government's Decree No. 79/ 2008/ND-CP of July 18, 2008, stipulating the organizational system of food hygiene and safety management, inspection and testing;

The Ministry of Agriculture and Rural Development guides the hygiene and safety inspection and control of agricultural food before market circulation as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Circular guides the hygiene and safety inspection and control of agricultural food before market circulation; and responsibilities of inspection and control agencies and producers and traders of agricultural food (below referred to as establishments) before market circulation.

2. This Circular does not govern regulations related to animal quarantine; plant quarantine; and inspection and certification of good agricultural practice.

Article 2. Subjects of application

1. This Circular applies to:

a/ Producers and traders of vegetable-based agricultural food, including growers, preliminary processors, processors and preservers of finished products.

b/ Producers and traders of animal-based agricultural food, including breeders, slaughterhouses, preliminary processors, processors and preservers of finished products.

2. This Circular does not apply to producers of agricultural food not for market sale.

Article 3. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. Agricultural food means all vegetable- and animal-based products (other than aquatic products) or processed foodstuffs with main ingredients being vegetable or animal products, to be used as food for humans.

2. Preliminarily processed agricultural food means agricultural food which has been cut into pieces, pruned, cleaned and packed, for vegetable-based products; cut into pieces, sliced, frozen and packed, for animal-based products; or otherwise treated thereby affecting the appearance wholeness of products without changing their original properties.

3. Processed agricultural food means agricultural food which has gone through any process which fundamentally changes the natural texture of agricultural materials.

4. Preservation means the use of appropriate containers, equipment or supportive agents to
mitigate change in the initial quality of agricultural food products in a certain period of time.

5. Agricultural food preliminary processor means a place where occurs one or several
activities such as cutting, pruning, cleaning and packing, for vegetable-based products; cutting,
slicing, freezing and packing, for animal-based products, or otherwise treating which affects the
appearance wholeness of products without changing their original properties.

6.  Agricultural food processor mean's a place where occurs one or several processing activities which fundamentally change the natural texture of agricultural materials and products are subsequently packed for market sale.

7.  Finished product preserver means a place with special-use equipment and tool Necessary for agricultural food preservation.

8.  Inspection means evaluation of the level of conformity with technical standards and regulations on food hygiene and safety under current regulations by agricultural food producers and traders. When necessary, industrial hygiene samples or samples of raw materials, semi- finished or finished products may be taken for verification.         

9. Control means evaluation of the level of conformity with national technical Emulations and regulations on food hygiene and safety by taking samples for analysis under approved plans
(excluding sampling of products verify establishments' food hygiene and safety conditions).

Article 4. Funds for implementation

Funds for the inspection of establishments' food hygiene and safety conditions and for implementation of food hygiene and safety control programs for agricultural food before market sale come from the state budget under current regulations. Assigned agencies shall elaborate plans and estimate funds for annual implementation and submit them to competent authorities for approval.

Chapter 11

INSPECTION OF ESTABLISHMENTS

Article 5. Inspection grounds

1. Grounds for inspection of food hygiene and safety conditions are national technical regulations, the Ministry of Agriculture and Rural Development's regulations on agricultural food hygiene and safety and relevant state regulations corresponding to each type of establishments.

2. Apart from complying with Clause 1 of this Article, producers and traders of exported agricultural food shall comply with treaties which Vietnam has signed or acceded to, bilateral agreement or regulations of importing countries.

Article 6. Inspection principles

1. Infection regimes applicable to establishments shall be determined based on:

a/ Regards of their observance of regulations on food hygiene and safety;

b/ Levels of food hygiene and safety risks of their products;

c/ Their currently applied quality control systems.

2. The order and procedures to inspect food hygiene and safety conditions of establishments
shall be set by assigned line management departments (below referred to as line management departments), which must:

a/ Be based on risk assessment for each type of establishments.

b/ Be clear and transparent; guarantee effect and effectiveness without affecting production and business activities of inspected establishments.

c/ Inspectors must be honest, impartial and have no direct or indirect economic benefits related to inspected establishments.

Article 7. Inspection agencies

Plant Protection Sub-Departments and Animal Health Sub-Departments under provincial-level Agriculture and Rural Development Departments shall inspect food hygiene and safety conditions of establishments in their localities under the professional direction, guidance and supervision of line management departments as assigned under Article 8 of this Circular.

Article 8. Agencies responsible for guiding and supervising local inspection agencies' inspection of food hygiene and safety conditions

1. The Plant Protection Department: Production and business chain of vegetable-based agricultural food, from plantation, preliminary processing, processing, preservation and packing to market sale.

2. The Animal Health Department: Production and business chain of (terrestrial) animal-based agricultural food, from breeding, slaughtering, preliminary processing, processing and preservation to market sale.

Article 9. The National Agro-Forestry-Fisheries Quality Assurance Department

1. To conduct selective inspection under approved annual plans or irregular inspection as assigned by the Minister of food hygiene and safety conditions of establishments nationwide.

2. To assume the prime responsibility for, and coordinate with line management departments in, tracking down causes of agricultural food's ineligibility for food hygiene and safety.

Chapter III

AGRICULTURAL FOOD HYGIENE AND SAFETY CONTROL PROGRAMS

Article 10. Control scope

Agricultural food hygiene and safety control programs (below referred to as control programs) shall be implemented nationwide at the stages of plantation, breeding, slaughtering, preliminary processing, packing, processing and sale at agricultural food wholesale markets by line management departments under the Ministry of Agriculture and Rural Development.

Article 11. Control grounds

Grounds for agricultural food hygiene and safety control are national technical regulations, the Ministry of Agriculture and Rural Development's regulations on agricultural food hygiene and safety and relevant state regulations.

Article 12. Responsible control agencies

1. Agencies responsible for elaborating and implementing control programs:

a/ The Plant Protection Department:

Production and business chain of vegetable-based agricultural food.

b/ The Animal Health Department: Production and business chain of (terrestrial) animal-based agricultural food.

2. The National Agro-Forestry-Fisheries Quality Assurance Department: To act as the key agency in appraising and summarizing control programs of line management departments, and submitting them to the Ministry for approval and supervising their implementation.

Article 13. Formulation of control programs

1.    Based on annual control results, risk assessment and actual production of agricultural food (surveys may be conducted when necessary), line management departments shall formulate control programs within the management scope under Article <B2 of this Circular and submit them to the National Agro-Forestry-Fisheries Quality /Assurance Department before November 15 every year.

2.    The National Agro-Forestry-Fisheries Quality Assurance Department shall appraise contents and cost estimates of control programs of line management departments and submit them to the Ministry of Agriculture and Rural Development for consideration and approval.

Article 14. Implementation control programs

1. Line management departments shall implement control programs as approved by the Ministry of Agriculture and Rural Development.

2. The order, procedures and methods of sampling and sample preservation and delivery comply with line management departments' guidance.

3. Samples shall be sent for analysis to laboratories designated by the Ministry of Agriculture and Rural Development.

4. When necessary to adjust control programs, line management departments shall submit written requests to the National Agro-Forestry-Fisheries Quality Assurance Department for appraisal and submission to the Ministry of Agriculture and Rural Development for approval.

3.  Annually or irregularly (upon request), line management departments shall report on control results to the National Agro-Forestry-Fisheries Quality Assurance Department for sum-up and reporting to the Ministry.

Article 15. Remedies when detecting contamination of microorganisms or chemicals in excess prescribed limits

1.      When detecting contamination of microorganisms or chemicals in excess of prescribe limits, line management departments shall send warning notices to establishments with violating samples, requesting them to identify causes and take appropriate remedies, and concurrency send notices to provincial-level Agriculh4saand Rural Development Departments for coordinated control.

2.      When receiving warning notices, establishments with violating samples shall conduct investigation, identify causes and take remedies and report such to line management departments, the National Agro-Forestry-Fisheries Quality Assurance Department and provincial-level Agriculture  and Rural Development Departments.

3. Cases of repeated violations:

a/ The National Agro-Forestry-Fisheries Quality Assurance Department shall coordinate with line management departments in tracking down causes of agricultural food's contamination of microorganisms or chemicals in excess of prescribed limits.

b/ Line management departments shall take samples for intensified control at establishments with violating samples and process inspection results under regulations.

Chapter IV

ORGANIZATION OF IMPLEMENTATION

Article 16. Line management departments

1. As assigned under Chapter II of this Circular, to elaborate and submit to the Ministry of Agriculture and Rural Development for promulgation:

a/ Regulations on order, procedures and contents of inspection of food hygiene and safety conditions of establishments, to be completed before July 1, 2010.

b/ National technical regulations on food hygiene and safety conditions for establishments.

2. To train in and provide professional guidance on food hygiene and safety inspection at establishments as assigned under Chapter II of this Circular for inspectors of local inspection agencies.

3. To implement control programs as assigned under Article 12 of this Circular.

4. Annually or irregularly (upon request), to submit reports on inspection and control results to the National Agro-Forestry-Fisheries Quality Assurance Department for sum-up and reporting to the Ministry.

5. To coordinate with the National Agro-Forestry-Fisheries Quality Assurance Department in tracking down causes of agricultural food's ineligibility for food hygiene and safety.

6. To annually elaborate plans and estimate costs to inspect food hygiene and safety conditions of establishments under their management and submit them to the Ministry of Agriculture and Rural Development for approval and fund allocation; to elaborate plans and estimate costs to implement control programs under assignment and submit them to the National Agro-Forestry-Fisheries Quality Assurance Department for appraisal and concurrently submit them to the Ministry of Agriculture and Rural Development for approval and fund allocation.

Article 17. The National Agro-Forestry-Fisheries Quality Assurance Department

1. To appraise control programs formulated by line management departments, submit them to the Ministry of Agriculture and Rural Development for approval, and supervise activities related to control programs. To summarize control results for reporting to the Ministry of Agriculture and Rural Development.

2. To coordinate with line management departments in training in and providing professional guidance on inspection of food hygiene and safety conditions of establishments for local inspection agencies.

3. To summarize and publicize a list of laboratories designated to analyze agricultural food hygiene and safety norms.

4. To annually elaborate plans and estimate costs to inspect food hygiene and safety conditions of establishments under their management and submit them to the Ministry of Agriculture and Rural Development for approval and fund allocation.

Article 18. Provincial-level Agriculture and Rural Development Departments

1. To direct Plant Protection Sub-Departments and Animal Health Sub-Departments in inspecting local establishments and participate in programs to control and track down causes of agricultural food's ineligibility for food hygiene and safety under the guidance, of line management departments.

2. To guide, propagate and train in agricultural food hygiene and safety for establishments under their assigned management.        "j^

3. To annually summarize plans and; estimate costs to inspect food hygiene and safety conditions of establishments under their management and submit them to competent local authorities for approval and fund allocation.

4. To summarize and propose to the Ministry of Agriculture and Rural Development amendments and supplements to national technical regulations and regulations on agricultural food hygiene and safety suitable to practical conditions in inspection of agricultural food hygiene and safety conditions.

Article 19. Plant Protection Sub-Departments and Animal Health Sub-Departments under provincial-level Agriculture and Rural Development Departments

1. To inspect food hygiene and safety conditions of establishments under assignment or decentralization and guidance of line management departments.

2. To systematically archive all dossiers relating to the inspection of food hygiene and safety conditions of establishments for at least 2 years; to provide dossiers and fully and accurately justify matters related to such inspection to superior-management agencies when so requested?"'

3. To annually make a list of establishments under their management, and summarize and report inspection results to provincial-level Agriculture and Rural Development Departments, line management departments and the National Agro-Forestry-Fisheries Quality Assurance-Department.

4. To annually elaborate plans and estimate costs to inspect food hygiene and safety conditions of establishments under assignment or decentralization and submit them to provincial-level Agriculture and Rural Development Departments for consideration and sum-up and submission to competent authorities for approval.

Article 20. Establishments

1. To maintain food hygiene and safety conditions under regulations.

2. To be subject to agricultural food hygiene and safety condition inspection by inspection agencies.

3. To redress faults mentioned in inspection records and notices of inspection agencies.

4. To track down causes of agricultural food lots' contamination of microorganisms or chemicals in excess of prescribed limits; to work out remedies under guidance and report such to line management departments, the National Agro-Forestry-Fisheries Quality Assurance Department and provincial-level Agriculture and Rural Development Departments.

Article 21. Laboratories designated to analyze agricultural food hygiene and safety norms

1. To strictly observe the Ministry of Agriculture and Rural Development's regulations on designated laboratories.

2. To guarantee the accuracy and objectivity of testing results; to notify results on time; to take responsibility for their analysis results.

3. To notify results of analysis of food hygiene and safety norms only to sample-sending agencies.

Chapter V

IMPLEMENTATION PROVISIONS

Article 22. Effect

This Circular takes effect 45 days from the date of its signing.

Article 23. Amendment and supplementation

In the course of implementation, any problems should be reported to the Ministry of Agriculture and Rural Development for consideration, amendment and supplementation.-