The Circular No. 17/2018/TT-BNNPTNT dated October 31, 2018 of the Ministry of Agriculture and Rural Development prescribing management modes of conditions for food safety assurance of agro-forestry-fishery food manufacturing and trading establishments not required to have Certificates of compliance with food safety regulations under the scope of management of the Ministry of Agriculture and Rural development

CIRCULAR

Prescribing management modes of conditions for food safety assurance of agro-forestry-fishery food manufacturing and trading establishments not required to have Certificates of compliance with food safety regulations under the scope of management of the Ministry of Agriculture and Rural development

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

Pursuant to the 2010 Law on Food Safety and the Government’s Decree No. 15/2018/ND-CP dated February 22, 2018, elaborating on the implementation of a number of articles of the Law on Food Safety;

Upon the request of the Director of the National Agro-Forestry-Fisheries Quality Assurance Department,

The Minister of Agriculture and Rural Development hereby promulgates the Circular prescribingmanagement modes of conditions for food safety assurance of agro-forestry-fishery food manufacturing and trading establishments not required to have certificates of compliance with food safety regulations under the scope of management of the Ministry of Agriculture and Rural development.

CHAPTER I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular prescribes management modes of conditions for food safety assurance of agro-forestry-fishery food manufacturing and trading establishments not required to have certificates of compliance with food safety regulations under the scope of management of the Ministry of Agriculture and Rural development.

Article 2. Subjects of application

1.Agro-forestry-fishery food manufacturing and trading establishments not required to have certificates of compliance with food safety regulations as defined at Point a, b, c, d, dd of Clause 1, Article 12 of the Circular No. 15/2018/ND-CP dated December 22, 2018 detailing a number of articles of the Law on Food Safety, including:

a) Produce foods on a small scale;

b) Produce or trade in foods without a fixed place,except for fishing vessels with a maximum length of 15 meters or more;

c) Process foods on a small scale;

d) Trade in foods on a small scale;

dd) Trade in prepackaged foods;

(Hereinafter referred to as establishments)

2. Agencies, organizations and individuals related to establishments defined in Clause 1 of this Article.

CHAPTER II

MANAGEMENT MODES OF CONDITIONS FOR FOOD SAFETY ASSURANCE OF AGRO-FORESTRY-FISHERY FOOD MANUFACTURING AND TRADING ESTABLISHMENTS NOT REQUIRED TO HAVE CERTIFICATES OF COMPLIANCE WITH FOOD SAFETY REGULATIONS

Article 3. Management modes

Management modes of conditions for food safety assurance of agro-forestry-fishery food manufacturing and trading establishments not required to have Certificates of compliance with food safety regulations shall be conducted through organizing the signing of commitments, examining the implementation of the committed content and handling violations of such establishments.

Article 4. The signing of commitments

1. Agencies assigned to manage the dissemination and provision of guidance on practices of manufacturing and trading safe food and organize the signing of commitments of manufacturing and trading safe food for establishments defined in Clause 1, Article 2 of this Circular.

2. Commitment contents shall be made according to the Appendix I to this Circular.

3. Time duration of signing commitments: 03 year/time

Article 5. Examination of committed contents

1. Examining the implementation of committed contents of manufacturing and trading establishments specified in Clause 1, Article 2 of this Circular: Assigned management agencies shall conduct examination based on the examination plan approved annually by the provincial People’s Committee. Examination records shall be made according to Appendix II to this Circular.

2. Irregular examination: Assigned management agencies shall conduct irregular examination when there is a food safety incident related to or under the direction of a superior agency.

Article 6. Handlings of violations of committed establishments

1. For establishments violating the commitment for the first time: Assigned management agencies shall remind such establishments to comply with the commitment.

2. For establishments violating the commitment the second time: Assigned management agencies shall publicly announce their violation of the commitment of manufacturing and trading safe food.

3. For establishments violating commitments causing serious consequences or establishments violating the commitment from the third time onwards: Depending on the seriousness of their violations, assigned management agencies shall propose competent agencies to handle violations in accordance with the law.

CHAPTER III

IMPLEMENTATION ORGANIZATION

Article 7. Provincial/municipal People’s committees

1. To assign and decentralize agencies to manage agro-forestry and fishery manufacturing and trading establishments that are not required to have Certificates of compliance with food safety regulations.

2. To direct Department of Finance and relevant departments to propose and allocate resources and funds for the management of agro-forestry-fishery food manufacturing and trading establishments that are not required to have Certificates of compliance with food safety regulations at their localities.

Article 8. Provincial/municipal departments of Agriculture and Rural development

1. To advise provincial-level People’s committees to assign agencies to manage agro-forestry and fishery manufacturing and trading establishments that are not required to have Certificates of compliance with food safety regulations.

2. To direct and provide guidance on the implementation of this Circular in their province; to train and provide guidance for the assigned management agencies to perform their tasks.

3. To report the results of implementation of this Circular to the Ministry of Agriculture and Rural Development (through the Department of Agro-Forestry-Fisheries Quality Assurance) according to the current reporting regime.

Article 9. Assigned agencies to manage agro-forestry and fishery manufacturing and trading establishments that are not required to have Certificates of compliance with food safety regulations

1. To disseminate and provide guidance on practices of manufacturing and trading safe food and organize agro-forestry and fishery manufacturing and trading establishments that are not required to have Certificates of compliance with food safety regulations in their localities to sign the written commitment of manufacturing and trading safe food.

2. To develop the examination plan on the implementation of committed contents of agro-forestry-fishery manufacturing and trading establishments that are not required to have Certificates of compliance with food safety regulations and submit to People s Committees at all levels for approval and allocation of funds for implementation.

3. To examine the implementation of the committed contents of agro-forestry and fishery manufacturing and trading establishments that are not required to have Certificates of compliance with food safety regulations according to their approved plans.

4. To publicly announce on the local mass media the list of agro-forestry-fishery manufacturing and trading establishments that are not required to have Certificates of compliance with food safety regulations and fail to comply with their committed contents on manufacturing and trading in safe food.

5. To systematically keep in archive documents related to the examination of the implementation of committed contents of manufacturing and trading establishments that are not required to have Certificates of compliance with food safety regulations.

6. To report the results of implementation of this Circular to the Department of Agriculture and Rural Development (through the Agro-Forestry-Fisheries Quality Assurance sub-department or an unit assigned by the Department of Agriculture and Rural Development) in accordance with the current reporting regime.

Article 10. The Department of Agro-Forestry-Fisheries Quality Assurance

1. To provide guidance on the implementation of this Circular nationwide.

2. To summarize reports on the results of implementation of this Circular for the Ministry of Agriculture and Rural Development.

Article 11. Agro-forestry-fishery manufacturing and trading establishments that are not required to have Certificates of compliance with food safety regulations

1. To fully comply with the committed contents to produce safe food.

2. To provide relevant information when there are signs of violations causing food to become unsafe and to be subject to examination by state management agencies.

CHAPTER IV

IMPLEMENTATION PROVISIONS

Article 12. Effect

1. This Circular takes effect on January 01, 2019.

2. This Circular shall replace the Circular No. 51/2014/BNNPTNT dated December 27, 2014 of the Minister of Agriculture and Rural Development prescribing conditions for ensuring food safety assuranceandmanagement modes of small-scale initial manufacturingestablishments.

Article 13. Amendment and supplement

Any problems arising in the course of implementation should be promptly reported to the Ministry of Agriculture and Rural Development (for consideration of amendment and supplement.

For the Minister

Deputy Minister

Ha Cong Tuan