Circular No. 03/2011/TT-BNNPTNT on traceability and recall of products that do not meet quality and food safety standards in the fisheries sector.

CIRCULAR

Provisions on tracing the origin and recalling products not meeting quality and food safety standards in the fisheries sector

failing to ensure quality and food safety in the fisheries sector

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Pursuant to Decree No. 01/2008/ND-CP dated January 3, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development; Decree No. 75/2009/ND-CP dated September 10, 2009 of the Government amending Article 3 of Decree No. 01/2008/ND-CP dated January 3, 2008;

Based on Decree No. 127/2007/NĐ-CP dated August 1, 2007 of the Government detailing implementation of certain provisions of the Law on Standards and Technical Regulations;

Pursuant to Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing implementation of certain provisions of the Product Quality Law;

On the basis of the Food Safety Ordinance dated July 26, 2003;

Pursuant to the Food Safety Law dated July 26, 2003;

The Ministry of Agriculture and Rural Development promulgates provisions on tracing the origin and recalling products not meeting quality and food safety standards in the fisheries sector as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the principles and procedures for implementing tracing the origin and recalling products not meeting quality and food safety standards in the fisheries sector; responsibilities of organizations and individuals participating in the production and business processes in the fisheries sector and relevant agencies in implementing this Circular.

Article 2. Applicability

1. These regulations apply to production and business establishments in the fisheries sector (hereinafter referred to as Establishments):

a) Fishing vessels with main engine power of 50 CV or more; establishments producing and trading aquatic feed; establishments producing and trading chemicals, treatment, and environmental improvement products for aquaculture; establishments producing and trading commercial breeding/raising seedlings, aquaculture establishments;

b) Independent ice-making establishments serving the preservation and processing of aquatic products; establishments purchasing, preliminary processing, storing, preserving, packaging, and processing aquatic products for domestic consumption;

c) Export-oriented seafood processing vessels; establishments cleaning and supplying live bivalve mollusks (for consumption); independent cold storage facilities preserving aquatic products; establishments preliminarily processing, packaging, and processing aquatic products for export.

2. This Circular does not apply to: households and individuals producing small-scale aquatic products for self-consumption and not for market sale; establishments producing products from aquatic sources but not intended for food.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Aquatic products: include aquatic feed; chemicals, treatment, and environmental improvement products for aquaculture; aquatic seeds; ice for preserving and processing aquatic products; aquatic products and processed aquatic products used for food.

2. Tracing the origin: is the ability to track and identify a unit product through each stage of the production, processing, and distribution process (according to Codex Alimentarius).

3. Recalling products: involves applying measures to remove products not meeting quality and food safety standards from the production, processing, and distribution chain.

4. One-step-back-one-step-forward traceability principle: requires establishments to retain information to ensure the identification of the production and business establishment/production stage preceding and the production and business establishment/production stage following a traced product in the production, processing, and distribution process.

5. Production batch (production lot): is a defined quantity of goods produced according to the same technological process, under the same production conditions, and within a continuous production period.

6. Received batch: is a quantity of raw materials received once by an establishment for production.

7. Dispatched batch: is a quantity of finished products dispatched once by an establishment.

Article 4. Inspection and Supervision Authority

Agencies inspecting and supervising the implementation of regulations on tracing the origin and recalling unsafe aquatic products include:

1. The Fisheries General Department; specialized agencies under provincial Departments of Agriculture and Rural Development designated to inspect and supervise the implementation of this Circular for establishments specified in point a, Clause 1, Article 2 of this Circular.

2. The Quality Management Bureau of Forestry, Agriculture, and Fisheries Products and their subordinate agencies inspect and supervise the implementation of this Circular for establishments specified in point c, Clause 1, Article 2 of this Circular.

3. The Branch of Quality Management of Forestry, Agriculture, and Fisheries Products (or specialized agencies designated by provincial Departments of Agriculture and Rural Development in provinces where Branches of Quality Management of Forestry, Agriculture, and Fisheries Products have not been established) inspect and supervise the implementation of this Circular for establishments specified in point b, Clause 1, Article 2 of this Circular.

Chapter II

TRACEABILITY AND RECALL OF PRODUCTS

Article 5. Traceability

Production and business establishments in the aquatic products sector as specified in Clause 1 of Article 2 of this Circular must establish a traceability system that meets the requirements set out in the Appendix attached to this Circular.

Article 6. Recall of Exported Lots

1. Production and business establishments in the aquatic products sector as specified in Clause 1 of Article 2 of this Circular must establish a policy for recalling exported lots that do not meet quality and food safety standards in the following cases:

a) The establishment voluntarily recalls the exported lot when it discovers that the raw materials used in production do not meet quality and food safety standards or that production, processing, and storage were conducted under conditions that do not ensure quality and food safety.

b) The establishment must recall the exported lot upon request of the Inspection and Supervision Authority in the following situations:

- The exported lot is recalled or returned by the competent authority of Vietnam or the importing country due to non-compliance with quality and food safety standards;

- The exported lot originates from aquaculture or harvesting areas found to be non-compliant with quality and food safety standards within the scope of national food safety monitoring programs.

2. Production and business establishments in the aquatic products sector as specified in Clause 1 of Article 2 of this Circular must establish procedures for recalling exported lots that meet the requirements set out in the Appendix attached to this Circular.

Article 7. Implementation of Traceability and Recall of Products at the Request of the Inspection and Supervision Authority

1. Recall Notification: The Inspection and Supervision Authority assigned management responsibilities under Article 4 of this Circular shall issue a written request for the establishment to implement traceability and recall of exported lots that do not meet quality and food safety standards. The notification must include the following information about the exported lot:

a) Name of the establishment responsible for implementing traceability and recall of the exported lot;

b) Identification information of the exported lot subject to traceability and recall (type, identification code, quantity);

c) Reason for implementing traceability and recall;

d) Scope and deadline for implementing the recall.

2. Execution of Recall: After receiving the recall notification, the establishment shall proceed with traceability and recall as follows:

a) Identify the exported lot through the traceability system established by the establishment;

b) Determine the exported lot and the scope subject to traceability and recall;

c) Develop a recall plan and submit it to the Inspection and Supervision Authority for review and request support for the recall process (if necessary);

d) Implement the recall and apply measures to handle the recalled lot;

e) Report the results to the Inspection and Supervision Authority after completing the recall and handling of the recalled lot.

3. The Inspection and Supervision Authority shall organize audits of the implementation of traceability and product recall by the establishment if necessary.

Chapter III

RESPONSIBILITIES OF THE PARTIES INVOLVED AND HANDLING OF VIOLATIONS

Article 8. Directorate of Fisheries

1. Develop detailed regulations and guidelines (including the system of identification codes for establishments) on traceability and recall of products that do not meet quality and food safety standards in the aquatic products sector applicable to establishments specified in point a, Clause 1 of Article 2 of this Circular.

2. Direct and guide specialized agencies under the Department of Agriculture and Rural Development in localities to implement this Circular for the establishments mentioned in point a, Clause 1 of Article 2 of this Circular.

3. Organize inspections and supervision of the implementation by specialized agencies under the Department of Agriculture and Rural Development in localities according to the division of responsibilities specified in Clause 1 of Article 4 of this Circular.

Article 9. Department of Aquatic Product Quality Management

1. Develop detailed regulations and guidelines on traceability and recall of unsafe food products in the aquatic sector applicable to entities specified in points b and c, Clause 1, Article 2 of this Circular.

2. Direct and guide subordinate units under the Department, Branches of Aquatic Product Quality Management, or specialized agencies assigned tasks by Departments of Agriculture and Rural Development to inspect and supervise the implementation of this Circular for corresponding entities as specified in points b and c, Clause 1, Article 2 of this Circular.

3. Organize inspection and supervision of the implementation by subordinate units under the Department; Branches of Aquatic Product Quality Management, or specialized agencies under Departments of Agriculture and Rural Development at localities according to the division of responsibilities set out in Clauses 2 and 3, Article 4 of this Circular.

Article 10. Departments of Agriculture and Rural Development

1. Direct specialized agencies under their jurisdiction to implement inspection and supervision of the implementation of this Circular according to the division of responsibilities set out in Clauses 1 and 3, Article 4 of this Circular.

2. Report periodically every quarter or upon request to the Ministry of Agriculture and Rural Development (Fisheries General Department, Department of Aquatic Product Quality Management) on the results of implementing regulations on traceability and recall of substandard and unsafe food products in the aquatic sector at localities.

Article 11. Aquatic Product Production and Business Entities

1. Comply with guidance provided by inspection and supervision agencies as stipulated in Article 4 of this Circular and relevant laws.

2. Adhere to inspection and supervision activities regarding the implementation of this Circular and enforcement measures taken by inspection and supervision agencies.

3. Implement the contents specified in Articles 5 and 6, Clause 2, Article 7 of this Circular and report to inspection and supervision agencies when required.

Article 12. Handling Violations

Violations of these provisions shall be considered and handled as part of the quality assurance and food safety conditions for production and business entities in the aquatic sector carried out by inspection and supervision agencies in accordance with the regulations of the Ministry of Agriculture and Rural Development.

Chapter IV

IMPLEMENTING PROVISIONS

Article 13. Transitional Provisions

1. Aquatic product production and business entities specified in Clause 1, Article 2 of this Circular shall apply from the date this Circular takes effect.

2. Fishing vessels with main engine power from 50 HP to less than 90 HP shall apply from January 1, 2012.

Article 14. Effective Date

This Circular shall take effect forty-five days from the date of issuance./.