Circular No. 44/2018/TT-BNNPTNT dated December 28, 2018 of the Ministry of Agriculture and Rural Development on state inspection of safety for food of plant origin intended for export

CIRCULAR

On state inspection of safety for food of plant origin intended for export[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 June 17, 2010 Law on Food Safety;

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;

At the proposal of the Director of the Department of Plant Protection;

The Minister of Agriculture and Rural Development promulgates the Circular on state inspection of safety for food of plant origin intended for export.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Circular prescribes state inspection of safety (below referred to as inspection) of food of plant origin intended for export in the fields under the management of the Ministry of Agriculture and Rural Development at the request of importing countries.

Article 2.Subjects of application

This Circular applies to agencies, organizations and individuals engaged in inspection of food of plant origin intended for export at the request of importing countries.

Chapter II

SPECIFIC PROVISIONS ON INSPECTION OF FOOD OF PLANT ORIGIN INTENDED FOR EXPORT

Article 3.Competence to inspect food of plant origin intended for export

Regional plant quarantine sub-departments and border-gate plant quarantine stations are agencies performing inspection of food of plant origin intended for export (below referred to as inspection agencies).

Article 4.Dossier, order and procedures for inspection of food of plant origin intended for export

1. A dossier must comprise

a/ The written registration for inspection of food of plant origin intended for export,made according to the form in Appendix I to this Circular;

b/ For registration for first-time inspection, a certified copy or copy (enclosed with the original for comparison) of one of the following papers:

The certificate of satisfaction of food safety conditions, for food producers and traders subject to grant of certificates of satisfaction of food safety conditions;

The certificate of good agriculture practice (GAP), good manufacturing practice (GMP), hazard analysis and critical control point system (HACCP), food safety management system (ISO 22000), international food standard (IFS), global standard for food safety (BRC), and food safety system certification (FSSC 22000) or an equivalent paper, for establishments not subject to grant of certificates of satisfaction of food safety conditions prescribed at Point k, Clause 1, Article 12 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 (below referred to as Decree No. 15/2018/ND-CP);

The written commitment on safe food production, made according to the form in Appendix I to the Minister of Agriculture and Rural Development’s Circular No. 17/2018/TT-BNNPTNT of October 31, 2018, prescribing methods for management of food safety assurance conditions applicable to establishments producing or trading in agro-forestry-fisheries products which are not subject to grant of certificates of satisfaction of food safety conditions under the management of the Ministry of Agriculture and Rural Development, for the establishments prescribed at Points a, b, c, d and dd, Clause 1, Article 12 of Decree No. 15/2018/ND-CP.

c/ A copy of the written receipt of the registration of the product declaration, for the products prescribed in Article 6 of Decree No. 15/2018/ND-CP which are packed in a goods lot containing different types of food falling under the management of 2 or more ministries as prescribed in Clause 2, Article 23 of Decree No. 15/2018/ND-CP.

2. Order of performing inspection of food of plant origin intended for export

a/ An organization or individual shall submit 1 dossier set prescribed in Clause 1 of this Article to an inspection agency prescribed in Article 3 of this Circular;

b/ Dossier submission and receipt of dossier processing results shall be carried out directly or by post or online at the public service portal;

c/ Within 1 working day after receiving the dossier, the inspection agency shall consider accepting it for settlement, if the dossier is valid, or notify the organization and individual of the contents to be added for dossier completion, if the dossier is invalid.

Within 2 working days after receiving a complete and valid dossier, the inspection agency shall inspect the dossier of a goods lot and issue a notice of the result of inspection of food of plant origin intended for export, made according to the form in Appendix II to this Circular or at the request of the importing country.

Article 5.Food of plant origin intended for export which are re-imported because of failing to satisfy food safety requirements of importing countries

1. Inspection of re-imported food must comply with Article 19 of Decree No. 15/2018/ND-CP.

2. Handling of re-imported food failing to satisfy requirements must comply with Article 20 of Decree No. 15/2018/ND-CP.

3. Organizations and individuals exporting food of plant origin failing to satisfy food safety requirements of importing countries shall conduct traceability under the Minister of Agriculture and Rural Development’s Circular No. 74/2011/TT-BNNPTNT of October 31, 2011, on traceability, recall and handling of unsafe agricultural and forest food.

Article 6.Responsibilities of inspection-registering organizations and individuals; inspection agencies and the Department of Plant Protection

1. Responsibilities of inspection-registering organizations and individuals

a/ To completely and truthfully provide related information and dossiers;

b/ To archive dossiers and documents relating to food origin and place of production or supply;

c/ To conduct traceability at the request of competent agencies.

2.  Responsibilities of inspection agencies

a/ To receive and examine dossiers, and notify inspection results to inspection-registering organizations and individuals within the prescribed time limit;

b/ To update information and dossiers provided by organizations and individuals;

c/ To archive and take responsibility for inspection results.

3. Responsibilities of the Department of Plant Protection

a/ To organize the implementation of this Circular;

b/ To direct inspection agencies to perform their responsibilities prescribed in Clause 2 of this Article;

c/ To sum up reports on results of implementation of this Circular and send them to the Ministry of Agriculture and Rural Development.

Chapter III

IMPLEMENTATION PROVISIONS

Article 7.Effect

1. This Circular takes effect on February 22, 2019.

2. Any problems arising in the course of implementation of this Circular should be promptly reported to the Ministry of Agriculture and Rural Development (the Department of Plant Protection) for consideration and settlement.-

For the Minister of Agriculture and Rural Development
Deputy Minister
LE QUOC DOANH

* The appendices to this Circular are not translated.