VietnameseCircular No. 56/2009/TT-BNNPTNT dated September 07, 2009 of the Ministry of Agriculture and Rural Development on examination and inspection of aquatic food hygiene and safety before market circulation
ATTRIBUTE
Circular No. 56/2009/TT-BNNPTNT dated September 07, 2009 of the Ministry of Agriculture and Rural Development on examination and inspection of aquatic food hygiene and safety before market circulation
| Issuing body: | Ministry of Agriculture and Rural Development | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Official number: | 56/2009/TT-BNNPTNT | Signer: | Luong Le Phuong |
| Type: | Circular | Expiry date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Issuing date: | 07/09/2009 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Agriculture - Forestry , Medical - Health , Natural Resources - Environment |
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THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom – Happiness --------- |
No. 56/2009/TT-BNNPTNT | Hanoi, September 7, 2009 |
CIRCULAR
ON EXAMINATION AND INSPECTION OF AQUATIC FOOD HYGIENE AND SAFETY BEFORE MARKET CIRCULATION
Pursuant to the Government’s Decree No. 01/ 2008/ND-CP dated January 3, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development;
Pursuant to the November 26, 2003 Fisheries Law;
Pursuant to the Ordinance on Food Hygiene and Safety and the Government’s Decree No. 163/ 2004/ND-CP dated 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 dated July 18, 2008, prescribing the organizational system of food hygiene and safety management, inspection and testing;
Pursuant to June 5, 2009 Joint Circular No. 31/2009/TTLT-BNNPTNT-BNV of the Ministry of Agriculture and Rural Development and the Ministry of Home Affairs, guiding the functions, tasks, powers, organization and payroll of Sub-Departments of Agro-Forestry-Fisheries Quality Assurance under provincial-level Agriculture and Rural Development Departments;
The Ministry of Agriculture and Rural Development guides the examination and inspection of aquatic food hygiene and safely before market circulation as follows:
Chapter I
GENERAL PROVISIONS
Article 1.
Scope of regulation
This Circular guides the order and contents of examination and inspection of aquatic food hygiene and safety before market circulation; and responsibilities of examination and inspection agencies and establishments producing and trading in aquatic products before market circulation (below referred to as establishments).
Article 2.
Subjects of application
1. This Circular applies to:
a/ Aquaculture establishments.
b/ Fishing vessels; fishing ports; fish markets; independent ice producers serving aquatic food preservation and processing; establishments purchasing, preliminarily processing, storing, preserving, packing and processing aquatic food for domestic sale only.
c/ Export aquatic food processing vessels; establishments cleaning and supplying live bivalve mollusks; independent refrigerating storehouses preserving aquatic food; establishments preliminarily processing, storing, preserving, packing and processing aquatic products and having export products.
2. This Circular does not apply to establishments producing aquatic products not for sale on the market.
Article 3.
Interpretation of terms
In this Circular, the terms below are construed as follows:
1. Aquatic food means all animal and plant species living in water and amphibian species, including their spawn and organs, used for food or food with ingredients being aquatic products.
2. Aquatic food producer or trader means an organization or individual that fishes, cultures, purchases, preserves, preliminarily processes or processes aquatic products.
3. Market circulation means domestic sale or export of aquatic products by aquatic food producers and traders.
4. Examination means evaluation of the level of conformity with standards and technical regulations on food hygiene and safety under current regulations by producers and traders of aquatic food and aquatic food products.
5. Inspection means sampling of products at aquatic food production and trading stages for analysis in order to evaluate their level of conformity with standards and technical regulations on food hygiene and safety (excluding sampling of products to verify producers’ or traders’ satisfaction of food hygiene and safety conditions).
Article 4.
Examination and inspection agencies
Agencies in charge of examination and inspection of aquatic food hygiene and safety (below referred to as examination agencies) before market circulation include:
1. The Aquatic Resource Exploitation and Protection Department, which shall examine the application of food hygiene and safety assurance measures in the entire process from fishing, preservation and transportation to landfall of fishing vessels.
2. The Aquaculture Department, which shall examine food hygiene and safety in the aquaculture process.
3. The Animal Health Department, which shall examine food hygiene and safety of aquatic products at fish markets.
4. The National Agro-Forestry-Fisheries Quality Assurance Department, which shall:
a/ Examine food hygiene and safety at the establishments specified at Point c, Clause 1, Article 2 of this Circular.
b/ Implement national programs on aquatic food hygiene and safety inspection.
5. Professional agencies of provincial-level Agriculture and Rural Development Departments (below referred to as local examination agencies), which, within the ambit of their assigned tasks, shall:
a/ Examine food hygiene and safety at the establishments specified at Point b, Clause 1, Article 2 of this Circular.
b/ Participate in national programs on aquatic food hygiene and safety inspection.
Article 5.
Conditions for aquatic products to be sold on the market
1. Aquatic products used as food for domestic sale:
a/ For fresh and live aquatic products, information for tracking down their origin must be available.
b/ Preliminarily processed or processed aquatic products must satisfy any of the following conditions:
- Being produced and traded by preliminarily processing, processing, storing and preserving establishments recognized to have satisfied food hygiene and safety assurance conditions;
- Obtaining certificates of aquatic food hygiene and safety quality issued by local examination agencies under the Regulation promulgated together with the Agriculture and Rural Development Ministry’s Decision No. 118/2008/QD-BNN dated December 11, 2008 (below referred to as Regulation 118);
- Being certified for regulation conformity announcement.
2. Aquatic products may be exported if:
a/ They are produced by establishments recognized to have satisfied food hygiene and safety assurance conditions under the Ministry of Agriculture and Rural Development’s regulations; and concurrently meet requirements of respective importing markets.
b/ They are inspected and certified for quality and food hygiene and safety (requirements on labeling, ice-glazing rates and biological and chemicals criteria) under regulations of importing countries or regulations applicable to each period as announced by the Ministry of Agriculture and Rural Development.
Chapter II
EXAMINATION AND INSPECTION
Article 6.
Process of exploitation, preservation and transportation of aquatic products to fishing ports
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