Circular No. 39/2018/TT-BNNPTNT dated December 27, 2018 of the Ministry of Agriculture and Rural Development on guiding quality and food safety inspection of imported salt under the management of the Ministry of Agriculture and Rural Development

CIRCULAR

Guiding quality and food safety inspection of imported salt under the management of the Ministry of Agriculture and Rural Development^[1]

Pursuant to the Government’s Decree No. 15/2017/ND-CP of February 17, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the 2007 Law on Product and Goods Quality;

Pursuant to the 2010 Law on Food Safety;

Pursuant to the Government’s Decree No. 132/2008/ND-CP of December 31, 2008, detailing a number of articles of the Law on Product and Goods Quality; Decree No. 74/2018/ND-CP of May 15, 2018, amending and supplementing a number of articles of Decree No. 132/2008/ND-CP; Decree No. 154/2018/ND-CP of November 9, 2018, amending, supplementing and annulling a number of regulations on investment and business conditions under the state management of the Ministry of Science and Technology and a number of regulations on specialized inspection;

Pursuant to the Government’s Decree No. 15/2018/ND-CP of February 2, 2018, detailing a number of articles of the Law on Food Safety; the Government’s Decree No. 155/2018/ND-CP of November 12, 2018, amending and supplementing a number of regulations relating to investment and business conditions under the state management of the Ministry of Health;

Pursuant to the Government’s Decree No. 09/2016/ND-CP of January 28, 2016, on food fortification with micronutrients;

Pursuant to the Government’s Decree No. 40/2017/ND-CP of April 5, 2017, on management of salt production and trading;

At the proposal of the Director of the Department of Cooperatives and Rural Development,

The Minister of Agriculture and Rural Development promulgates the Circular guiding the quality and food safety inspection of imported salt under the management of the Ministry of Agriculture and Rural Development.

Article 1.Scope of regulation and subjects of application

1. This Circular prescribes the contents of and procedures for quality and food safety inspection of imported salt under the state management of the Ministry of Agriculture and Rural Development.

2. This Circular applies to domestic and foreign organizations and individuals that import salt (below collectively referred to as importers); and organizations and individuals involved in quality and food safety inspection of imported salt.

Article 2.Subjects ofinspection

1. Quality inspection of imported industrial salt.

2. Safety inspection of imported food-grade salt and refined salt.

3. Cases exempted from quality inspection and state inspection of food safety for imported salt include:

a/ Cases exempted from quality inspection under Point 7, Clause 3, Article 1 of the Government’s Decree No. 74/2018/ND-CP of May 15, 2018, amending and supplementing a number of articles of Decree No. 132/2008/ND-CP of December 31, 2008, detailing a number of articles of the Law on Product and Goods Quality (Decree No. 74/2018/ND-CP) and Clause 2, Article 4 of Decree No. 154/2018/ND-CP of November 9, 2018, amending, supplementing and annulling a number of regulations on investment and business conditions under the state management of the Ministry of Science and Technology, and a number of regulations on specialized inspection (Decree No. 154/2018/ND-CP).

b/ Cases exempted from state inspection of food safety for imported goods under Article 13 of the Government’s Decree No. 15/2018/ND-CP of February 2, 2018, detailing a number of articles of the Law on Food Safety (Decree No. 15/2018/ND-CP).

Article 3.Interpretation of terms

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

1. Salt (including edible salt and denatured salt) means a compound consisting primarily of sodium chloride (NaCl), which is produced from seawater or saline groundwater or extracted from salt mines.

2. Food-grade salt (edible salt) means salt fortified with iodine which is used for direct consumption or food processing and has the contents of ingredients satisfying national technical regulation TCVN 9-1:2011/BYT.

3. Refined salt means processed salt which has the contents of ingredients satisfying national standard TCVN 9639:2013 and national technical regulation QCVN 8-2:2011/BYT.

4. Industrial salt means salt which has the contents of ingredients satisfying national standard TCVN 9640:2013 or national technical regulation on industrial salt.

5. Batch of imported salt means a volume of salt of the same type which has a specific quantity and the same appellation, utility, brand, category and technical specifications, is produced by the same producer, and belongs to the same import dossier.

Article 4.Inspection agencies

Branches of provincial-level Departments of Agriculture and Rural Development are agencies performing quality inspection of imported salt and state inspection of food safety for imported salt.

Article 5.Grounds for inspection

1. Quality inspection of imported salt:

Certification or assessment results of certification or assessment bodies that are registered or recognized under regulations, for imported salt batches conformable with national standard TCVN 9640:2013 or national technical regulation on industrial salt as prescribed at Item b, Point 2, Clause 3, and Article 1 of Decree No. 74/2018/ND-CP.

2. Food safety inspection of imported salt:

The product self-declaration as prescribed in Articles 4 and 5 of Decree No. 15/2018/ND-CP and Clause 1, Article 3 of the Government’s Decree No. 155/2018/ND-CP of November 12, 2018, amending and supplementing Point a, Clause 2, Article 5 of Decree No. 15/2018/ND-CP:

a/ The declaration of conformity with the Ministry of Health-issued national technical regulation QCVN 9-1: 2011/BYT on iodized salt, for imported food-grade salt (edible salt).

b/ The declaration of conformity with national standard TCVN 9639-2013 on refined salt (sodium chloride) and national technical regulation QCVN 8-2:2011/BYT on the limits of heavy metal contamination in food, for imported refined salt.

Article 6.Quality inspection of imported salt

1. An importer shall register for quality inspection of imported salt with the inspection agency at the locality where its/his/her imported salt batch is warehoused.

2. Inspection registration dossiers; inspection order and procedures; processing of inspection results in case imported salt batches fail to meet quality requirements; grant of exemption from quality inspection of imported salt; responsibilities and powers of inspection agencies; and rights and obligations of importers must comply with Point 2b, Clause 3, Article 1 of Decree No. 74/2018/ND-CP; Article 13 of the Government’s Decree No. 132/2008/ND-CP of December 31, 2008, detailing a number of articles of the Law on Product and Goods Quality (Decree No. 132/2008/ND-CP) and Clause 5, Article 1 of Decree No. 74/2018/ND-CP; Clause 3, Article 4 of Decree No. 154/2018/ND-CP; Article 13 of Decree No. 132/2008/ND-CP; Article 12 of Decree No. 132/2008/ND-CP and Clause 4, Article 1 of Decree No. 74/2018/ND-CP; and Article 13a of Decree No. 132/2008/ND-CP which was added under Clause 6, Article 1 of Decree No. 74/2018/ND-CP.

Article 7.Food safety inspection of imported salt

1. An importer shall register for food quality inspection of imported salt with the inspection agency at the locality where exists the border gate through which its/his/her salt batch is imported.

In case of applying tightened inspection, the inspection agency and the importer shall agree on the time of taking samples. The importer shall notify the border-gate customs office of the time and place of taking samples for the latter to witness the sampling.

2. Inspection registration dossiers; inspection order and procedures; processing of inspection results in case imported salt batches fail to meet quality requirements; application of inspection methods; responsibilities and powers of inspection agencies; and rights and obligations of importers must comply with Articles 18, 19, 20, 17, 15 and 21 of Decree No. 15/2018/ND-CP.

3. The taking and storage of samples must comply with Point a, Clause 3, Article 1 of Circular No. 12/2017/TT-BKHCN of September 28, 2017, amending and supplementing a number of articles of the Minister of Science and Technology’s Circular No. 26/2012/TT-BKHCN of December 12, 2012, providing the state inspection of quality of goods in circulation. Salt samples must be stored in plastic boxes or bottles sealed by the inspection agency. The inspection agency shall take samples and make a record with the witness of representatives of the importer and border-gate customs office.

Article 8.Conformity assessment bodies and testinglaboratories for imported salt

1. Imported salt conformity assessment bodies are conformity assessment bodies that have registered operation under the Government’s Decree No. 107/2016/ND-CP of July 1, 2016, prescribing conditions for provision of conformity assessment services.

2. Laboratories performing food safety testing of imported salt are testing laboratories accredited by the Ministry of Science and Technology (Bureau of Accreditation) as VILAS-standard chemical testing laboratories for testing sodium chloride and food safety indicators or testing laboratories designated by the Ministry of Agriculture and Rural Development under Joint Circular No. 20/2013/TTLT-BYT-BCT-BNNPTNT of August 1, 2013, of the Ministries of Health; Industry and Trade; and Agriculture and Rural Development, prescribing the conditions, order and procedures for designation of food testing laboratories serving state management.

3. The list of conformity assessment bodies and food safety testinglaboratories prescribed in Clauses 1 and 2 of this Article is updated and posted on the portal of the Ministry of Science and Technology (www.boa.gov.vn) or the Ministry of Agriculture and Rural Development (www.mard.gov.vn).

Article 9.Organization of implementation

1. The Department of Cooperatives and Rural Development shall:

a/ Direct quality and food safety inspection of imported salt; guide and examine quality and food safety inspection of imported salt conducted by local inspection agencies under this Circular; update and post on the portal of the Ministry of Agriculture and Rural Development the list of inspection agencies prescribed in Article 4 of this Circular and the list of conformity assessment bodies and food safety testinglaboratories designated by the Ministry of Agriculture and Rural Development.

b/ Summarize results of quality and food safety inspection of imported salt and report them to the Ministry of Agriculture and Rural Development.

2. Provincial-level Departments of Agriculture and Rural Development shall:

a/ Direct and assign their branches to perform the inspection of imported salt of importers in areas under their management according to this Circular; report to the Department of Cooperatives and Rural Development for the latter to make a list of inspection agencies;

b/ Handle according to their competence cases in which imported salt fails to meet quality and food safety requirements (if any) in accordance with law;

c/ Advise provincial-level People’s Committees to handle cases in which imported salt fails to meet quality and food safety requirements (if any) and which fall beyond their competence.

Article 10.Transitional provisions

Quality indicators under national standard TCVN 9640-2013 on industrial salt shall continue to be applied until the national technical regulation on industrial salt takes effect.

Article 11.Effect

1. This Circular takes effect on February 9, 2019, and replaces the Minister of Agriculture and Rural Development’s Circular No. 27/2017/TT-BNNPTNT of December 25, 2017, guiding quality and food safety inspection of imported salt.

2. In case national standards, national technical regulations and legal documents referred to in this Circular are amended, supplemented or replaced, new regulations in amending, supplementing or replacing national standards, national technical regulations and legal documents shall prevail.

3. Any problems arising in the course of implementation should be promptly reported to the Ministry of Agriculture and Rural Development for consideration and revision as appropriate.-

For the Minister of Agriculture and Rural Development
Deputy Minister
TRAN THANH NAM