Circular No. 01/2016/TT-BNNPTNT amending and supplementing certain provisions of Circular No. 57/2012/TT-BNNPTNT dated November 7, 2012 on the inspection, supervision, and handling of violations of prohibited substances belonging to the Beta-agonist group in animal husbandry.

CIRCULAR

Amending and supplementing certain Articles of TCircular number 57/2012/TT-BNNPTNT November 7, 2012 regulating inspection, supervision, and handling of violations of prohibited substances belonging to the Bbeta-agonist group in animal husbandry

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BASED ON THE DECREE NO. 199/2013/NĐ-CP OF NOVEMBER 26, 2013 OF THE GOVERNMENT PROVIDING FOR THE FUNCTIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT;

Pursuant to Decree No. 08/2010/NĐ-CP dated February 5, 2010 of the Government on feed management for animal husbandry;

Pursuant to Decree No. 119/2013/NĐ-CP dated October 9, 2013 of the Government stipulating administrative penalties for violations in the field of veterinary medicine, livestock breeds, and feed for animal husbandry;

Pursuant to Decree No. 123/2018/NĐ-CP dated September 17, 2018 of the Government amending and supplementing certain Decrees stipulating conditions for investment and business in the agricultural sector;

The Minister of Agriculture and Rural Development issues this Circular amending and supplementing certain provisions of Circular No. 57/2012/TT-BNNPTNT dated November 7, 2012 regulating inspection, supervision, and handling of violations of prohibited substances belonging to the beta-agonist group in animal husbandry.

Article 1. Amending and supplementing certain provisions of Circular No. 57/2012/TT-BNNPTNT dated November 7, 2012 regulating inspection, supervision, and handling of violations of prohibited substances belonging to the beta-agonist group in animal husbandry (hereinafter referred to as Circular No. 57/2012/TT-BNNPTNT) as follows:

1. Point a Clause 1 Article 6 is amended and supplemented as follows:

"Method one (applicable in cases where rapid testing results are required): Conduct qualitative analysis using a rapid test kit or semi-quantitative analysis using a general ELISA kit for the beta-agonist group or qualitative analysis separately for each substance Clenbuterol, Salbutamol, and Ractopamine. The detection limit (LOD) of the rapid test kit must be less than 5 ppb for Salbutamol, 3 ppb for Clenbuterol, and 2 ppb for Ractopamine. The detection limit (LOD) of the ELISA kit must be less than 0.2 ppb. If the result is negative, the testing process ends. The use of rapid test kits shall be carried out according to the guidance of the Livestock Production Department. If the result is positive, further quantitative analysis by chromatography method shall be conducted to confirm the positivity and determine the concentration of prohibited substances in the sample."

2. Article 7 is abolished.

3. Clause 2 Article 11 is amended and supplemented as follows:

"2. The owner of the animals (owner of livestock) shall be responsible for managing and keeping the animals from the time the inspection agency detects signs of positivity with prohibited substances belonging to the beta-agonist group until the official conclusion of the inspection agency and shall be compelled to implement the forms of punishment, penalty levels, and measures to mitigate consequences as prescribed in Articles 13 and 36 of Decree No. 119/2013/NĐ-CP dated October 9, 2013 of the Government stipulating administrative penalties for violations in the field of veterinary medicine, livestock breeds, and feed for animal husbandry."

4. Item 4 Appendix I issued together with Circular No. 57/2012/TT-BNNPTNT is amended and supplemented as follows:

"4. Urine or blood samples are taken directly (at least 150 ml for urine and 15 ml for blood) from livestock raised at breeding facilities and slaughterhouses. Samples are stored at a temperature not exceeding 4°C. The number of urine or blood samples to be collected depends on the scale of the breeding facility and the scale of the slaughterhouse. Specific quantities of samples are defined according to the scale of the breeding facility for each group of livestock as follows:

Scale under 100 heads: Collect at least 1-3 samples from 1-3 animals;

Scale of 100 heads or more: Collect at least 3-5 samples from 3-5 animals.

Collection of urine samples can be done by collecting urine directly from the flow when the animal is urinating, or by using a plastic bag attached to the urinary organ of male animals or using a catheter for female animals.

Each urine or blood sample taken for testing is divided into two parts, each part sealed and signed by representatives of the sampling agency and the sampled facility. Samples must be contained in appropriate containers, fully labeled with relevant information as prescribed, with one part sent for testing and the other part retained by the sampling agency. Urine and blood samples must always be kept cold at a temperature not exceeding 4°C."

5. Appendix II issued together with Circular No. 57/2012/TT-BNNPTNT is amended according to the Appendix issued together with this Circular.

Article 2. Effective Date

This Circular takes effect from February 15, 2016.

Article 3. Responsibility for Implementation

The Director of the Ministry's Office, the Director of the Livestock Production Department, the Directors of the Departments of Agriculture and Rural Development of provinces and centrally governed cities, the Heads of units under the Ministry, and related organizations and individuals are responsible for implementing this Circular./.

ANNEX

Provisions on positive samples according to quantitative analysis

(Annexed to Circular No. 01/2016/TT-BNNPTNT dated 15 the 02 (of the Minister of Agriculture and Rural Development in 2016)

A sample is considered positive if the quantitative analysis result is higher than or equal to one of the values (in ppb) listed in the table below: