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

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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
Issuing body: Ministry of Agriculture and Rural DevelopmentEffective date:
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Official number:05/2010/TT-BNNPTNTSigner:Cao Duc Phat
Type:CircularExpiry date:
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Issuing date:22/01/2010Effect status:
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Fields:Agriculture - Forestry , Medical - Health
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THE MINISTRY AGRICULTURE AND RURAL DEVELOPMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No. 05/2010/TT-BNNPTNT
Hanoi, January 22, 2010
 
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).

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