✦ 스마트 요약
Circular No. 05/2010/TT-BNNPTNT guides the inspection and supervision of food safety (food safety, abbreviated as VSATTP) for agricultural products before they are put on the market. The document stipulates that management agencies and enterprises have the responsibility to ensure food safety according to national technical standards.
적용 범위
Food production and business establishments, Plant Protection Departments, Animal Health Departments under Provincial Departments of Agriculture and Rural Development, Quality Management Bureau of Forestry Products and Aquatic Products, and higher-level management agencies.
핵심 사항
- Food production and business establishments must maintain conditions ensuring food safety as prescribed and comply with inspection activities conducted by Inspection Authorities.
- Plant Protection Departments and Animal Health Departments under Provincial Departments of Agriculture and Rural Development are responsible for inspecting conditions ensuring food safety at local food production and business establishments.
- The Quality Management Bureau of Forestry Products and Aquatic Products is responsible for developing and reviewing food safety monitoring programs for agricultural products and compiling monitoring results.
- Food safety inspections are based on national technical standards and regulations of the Ministry of Agriculture and Rural Development.
- Funding for implementing food safety inspections and supervision is provided from the State budget as prescribed.
🌐 이 문서의 사회적 영향
- Positive impact: Helps improve food safety quality and protect consumer health.
- Negative impact: May cause difficulties for businesses in complying with food safety regulations.
❓ 자주 묻는 질문
What should food production and business establishments do?
They must maintain conditions ensuring food safety as prescribed and comply with inspection activities conducted by Inspection Authorities.
What responsibilities do Plant Protection Departments and Animal Health Departments have?
They are responsible for inspecting conditions ensuring food safety at local food production and business establishments according to their assigned tasks.
What role does the Quality Management Bureau of Forestry Products and Aquatic Products play?
It develops, reviews food safety monitoring programs for agricultural products and compiles monitoring results.
On what bases are food safety inspections conducted?
They are based on national technical standards and regulations of the Ministry of Agriculture and Rural Development.
Where does funding for implementing food safety inspections and supervision come from?
Funding is provided from the State budget as prescribed.
전문
CIRCULAR
Guidelines for inspecting and supervising food safety and hygiene of agricultural products before they are put on the market
nông sản trước khi đưa ra thị trường ||| agricultural products before being brought to the market
________________
Pursuant to Decree No. 01/2008/NĐ-CP dated January 3, 2008, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;
Pursuant to Decree No. 75/2009/ND-CP dated September 10, 2009 of the Government amending Article 3 of Decree No. 01/2008/NĐ-CP dated January 3, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;
Pursuant to the Food Safety Ordinance and Decree No. 163/2004/NĐ-CP dated September 7, 2004 of the Government detailing a number of articles of the Food Safety Ordinance;
Pursuant to Decree No. 79/2008/NĐ-CP dated July 18, 2008 of the Government stipulating the system of management organizations, inspection, and testing for food safety and hygiene;
The Ministry of Agriculture and Rural Development guides the inspection and supervision of food safety and hygiene of agricultural products before they are put on the market as follows::
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
1. This Circular guides the inspection and supervision of food safety and hygiene (food safety and hygiene) of agricultural products before they are put on the market for consumption; the responsibilities of inspection and supervision agencies and production and business establishments of agricultural products before they are put on the market (hereinafter referred to as establishments).
2. The contents guided in this Circular do not regulate matters related to animal quarantine; plant quarantine; inspection and certification of good agricultural practices.
Article 2. Applicability
1. This Circular applies to:
a) Establishments producing and trading in agricultural products of plant origin, including: planting establishments; processing establishments; manufacturing establishments; finished product storage establishments.
b) Establishments producing and trading in agricultural products of animal origin, including: breeding establishments; slaughtering establishments; processing establishments; manufacturing establishments; finished product storage establishments.
2. This Circular does not apply to establishments producing agricultural products not intended for sale on the market.
Article 3. Explanation of Terms
In this Circular, some terms are understood as follows:
Agricultural product: all food products of plant or animal origin (excluding aquatic products) or processed foods where the main component is a plant or animal product, used by humans as food.
Processed agricultural product: agricultural products that have been cut, trimmed, washed, packaged for plant-based products; cut, filtered, frozen, packaged for animal-based products or other operations affecting the integrity but not changing the original nature of the product.
Processed agricultural product: agricultural products that have undergone any processing activity fundamentally altering the natural structure of the raw agricultural material.
Preservation: the use of containers, equipment, or suitable agents to limit changes in the initial quality status of agricultural food products within a certain period.
Processing establishment: a place where one or more activities such as cutting, trimming, washing, packaging for plant-based products; cutting, filtering, freezing, packaging for animal-based products or other operations affecting the integrity but not changing the original nature of the product take place.
Manufacturing establishment: a place where one or more processing activities fundamentally altering the natural structure of raw agricultural materials take place, followed by complete packaging for market release.
Finished product storage establishment: a place equipped with necessary specialized equipment and tools for preserving agricultural food products.
Inspection: the evaluation of the compliance level of agricultural food production and trading establishments with technical standards and technical regulations on food safety and hygiene according to current regulations. Samples may be taken for industrial hygiene testing, raw material testing, semi-finished product testing, and finished product testing when necessary.
Supervision: the evaluation of the food safety and hygiene level of products according to national technical standards and food safety and hygiene regulations through planned sample analysis (excluding sampling to check the conditions ensuring food safety and hygiene at establishments).
Article 4. Implementation Funding
The funding for inspecting food safety conditions at agricultural product production and business establishments, and implementing food safety monitoring programs for agricultural products before they enter the market shall be provided from the state budget according to current regulations. Agencies assigned responsibilities must prepare annual plans and budgets for implementation, and submit them for approval by competent authorities.
Chapter II
INSPECTION OF AGRICULTURAL PRODUCT PRODUCTION AND BUSINESS ESTABLISHMENTS
Article 5. Basis for inspection
1\. The basis for inspecting food safety conditions is national technical standards, food safety regulations for agricultural products issued by the Ministry of Agriculture and Rural Development, and relevant state regulations applicable to each type of establishment.
2\. For production and business establishments exporting agricultural products, in addition to complying with the provisions stipulated in Clause 1 of this Article, inspections also rely on international treaties that Vietnam has signed or joined, bilateral agreements or arrangements, and import country regulations.
Article 6. Principles of Inspection
1\. The inspection regime applied to agricultural product production and business establishments is determined based on:
a) The establishment's history of compliance with food safety regulations;
b) The level of food safety risk associated with the products produced by the establishment;
c) The quality management system currently in place at the establishment.
2\. The procedures and processes for inspecting food safety conditions at agricultural product production and business establishments, established by specialized management agencies (hereinafter referred to as specialized management agencies), must ensure:
a) Risk assessment for each type of agricultural product production and business establishment;
b) Clarity and transparency; ensuring effectiveness without adversely affecting the business operations of the inspected establishment.
3\. Inspectors must be honest, impartial, and have no direct or indirect economic interests with the inspected establishment.
Article 7. Inspection Agencies
Plant Protection Departments and Animal Health Departments under provincial Departments of Agriculture and Rural Development shall conduct inspections of food safety conditions at local agricultural product production and business establishments in accordance with the guidance, supervision, and professional direction of specialized management agencies as specified in Article 8 of this Circular.
Article 8. Agency Responsible for Mainly Guiding and Supervising Local Food Safety Inspections
1\. Plant Protection Department: Agricultural product production and business chains originating from plant cultivation, processing, manufacturing, storage, packaging until the products are released into the market.
2\. Animal Health Department: Agricultural product production and business chains originating from animal husbandry, slaughtering, processing, manufacturing, storage until the products are released into the market.
Article 9. Directorate of Quality Assurance for Agricultural Products, Forestry Products, and Aquatic Products
1\. Conduct selective inspections according to approved annual plans or conduct surprise inspections as assigned by the Minister regarding food safety conditions at agricultural product production and business establishments nationwide.
2\. Lead and coordinate with specialized management agencies to investigate the causes of non-compliance with food safety standards in agricultural products.
Chapter III
CHAPTER FOOD SAFETY AND SANITARY SURVEILLANCE PROGRAM FOR AGRICULTURAL PRODUCTS
Article 10. Scope of Surveillance
The Food Safety and Sanitary Surveillance Program for Agricultural Products (hereinafter referred to as the surveillance program) shall be implemented at various stages including cultivation, breeding, slaughtering, preliminary processing, packaging, manufacturing, and primary agricultural product food markets organized and carried out by specialized management agencies under the Ministry of Agriculture and Rural Development throughout the country.
Article 11. Basis for Surveillance
The basis for conducting food safety and sanitary surveillance for agricultural products includes national technical standards, food safety and hygiene regulations for agricultural products issued by the Ministry of Agriculture and Rural Development, and relevant state regulations.
Article 12. Authorities Responsible for Organizing Surveillance
1. The authorities responsible for developing and implementing the agricultural product food safety surveillance program:
a. Plant Protection Department: For the production and business chain of plant-origin agricultural products.
b. Animal Health Department: For the production and business chain of animal-origin agricultural products (land-based).
2. Quality Management Department for Forestry, Agriculture, and Aquatic Products: The focal point for reviewing, consolidating the surveillance programs of specialized management departments, submitting them to the Ministry for approval, and monitoring the implementation of these surveillance programs.
Article 13. Developing the Surveillance Program
1. Based on annual surveillance results, through risk assessment and actual agricultural product food production (surveys may be conducted if necessary), specialized management departments shall develop surveillance programs within their respective jurisdictions as stipulated in Article 12 of this Circular and submit them to the Quality Management Department for Forestry, Agriculture, and Aquatic Products before November 15th each year.
2. The Quality Management Department for Forestry, Agriculture, and Aquatic Products shall organize the review of the content and budget estimates of the surveillance programs developed by specialized management departments, and submit them for consideration and approval by the Ministry of Agriculture and Rural Development.
Article 14. Implementing the Surveillance Program
1. Specialized management departments shall implement the surveillance program according to the approval of the Ministry of Agriculture and Rural Development.
2. Procedures, formalities, sampling methods, sample preservation, and transfer shall be carried out in accordance with the guidance of the specialized management department.
3. Samples shall be sent for analysis to testing laboratories designated by the Ministry of Agriculture and Rural Development.
4. In cases where adjustments to the surveillance program are necessary, the specialized management department shall prepare a document to send to the Quality Management Department for Forestry, Agriculture, and Aquatic Products for review, and submit it for approval by the Ministry of Agriculture and Rural Development.
5. Annually, or at any time (upon request), specialized management departments shall report surveillance results to the Quality Management Department for Forestry, Agriculture, and Aquatic Products for consolidation and reporting to the Ministry.
Article 15. Measures to Address Microbial Contamination or Chemical Levels Exceeding Maximum Allowable Limits
1. Upon detection of microbial contamination or chemical levels exceeding maximum allowable limits, the specialized management department shall issue a warning notice to the agricultural product food production and business facility with the non-compliant sample, requesting the facility to identify the cause and take appropriate corrective measures, and simultaneously notify the provincial Department of Agriculture and Rural Development for coordination in control.
2. Upon receipt of the warning notice, the agricultural product food production and business facility with the non-compliant sample must conduct an investigation, identify the cause, implement corrective measures, and report to the specialized management department, the Quality Management Department for Forestry, Agriculture, and Aquatic Products, and the provincial Department of Agriculture and Rural Development.
3. In cases of recurrence:
a. The Quality Management Department for Forestry, Agriculture, and Aquatic Products shall cooperate with specialized management departments to trace the causes of agricultural products found to have microbial contamination or chemical levels exceeding maximum allowable limits.
b. The specialized management department shall conduct enhanced sampling surveillance at the production and business facilities with non-compliant samples and handle the test results in accordance with regulations.
Chapter IV
IMPLEMENTATION
Article 16. Specialized Management Bureaus
1. In accordance with the division of responsibilities set out in Chapter II of this Circular, establish and submit to the Ministry of Agriculture and Rural Development for issuance:
a. Regulations on procedures, formalities, and contents of inspections to ensure food safety conditions for agricultural food production and business establishments. To be completed before July 1, 2010.
b. National technical standards on food safety conditions for agricultural food production and business establishments.
2. Organize training, instruction, and professional guidance for inspectors of local inspection agencies according to the division of responsibilities set out in Chapter II of this Circular.
3. Implement the food safety monitoring program for agricultural products according to the division of responsibilities specified in Article 12 of this Circular.
4. Annually, or at any time (upon request), submit reports on inspection and monitoring results to the Bureau of Quality Control of Agricultural and Forestry Products and Aquatic Products for consolidation and reporting to the Ministry of Agriculture and Rural Development.
5. Coordinate with the Bureau of Quality Control of Agricultural and Forestry Products and Aquatic Products to trace the causes of unsafe agricultural food products.
6. Annually, develop plans and budgets for the implementation of inspections to ensure food safety conditions for agricultural food production and business establishments within their jurisdiction, submit to the Ministry of Agriculture and Rural Development for approval and funding; develop plans and budgets for the implementation of the food safety monitoring program for agricultural products according to the division of responsibilities, submit to the Bureau of Quality Control of Agricultural and Forestry Products and Aquatic Products for review, and simultaneously submit to the Ministry of Agriculture and Rural Development for approval and funding.
Article 17. Bureau of Quality Control of Agricultural and Forestry Products and Aquatic Products
1. Review programs for monitoring food safety in agricultural products established by specialized management bureaus, submit them to the Ministry of Agriculture and Rural Development for approval, and supervise the implementation of activities related to these monitoring programs. Consolidate monitoring results and report to the Ministry of Agriculture and Rural Development.
2. Coordinate with specialized management bureaus to organize training, instruction, and professional guidance for inspectors of local inspection agencies on ensuring food safety conditions for agricultural food production and business establishments.
3. Compile and announce a list of laboratories designated to participate in analyzing food safety indicators for agricultural products.
4. Annually, develop plans and budgets for the implementation of inspections to ensure food safety conditions for agricultural food production and business establishments within their jurisdiction, submit to the Ministry of Agriculture and Rural Development for approval and funding.
Article 18. Departments of Agriculture and Rural Development
1. Direct the Plant Protection Sub-department and Animal Health Sub-department to inspect agricultural food production and business establishments in their locality and participate in implementing monitoring programs and tracing the causes of unsafe agricultural food products according to the guidance of specialized management bureaus.
2. Organize guidance, propaganda, and training on knowledge to ensure food safety conditions for agricultural products for production and business establishments within their assigned scope.
3. Annually, compile plans and budgets for the implementation of inspections to ensure food safety conditions for agricultural food production and business establishments within their jurisdiction, submit to the competent authority of the locality for approval and funding.
4. Compile and propose the Ministry of Agriculture and Rural Development to amend and supplement national technical standards and regulations on food safety for agricultural products to suit the actual situation in the work of ensuring food safety conditions for agricultural products.
Article 19. Plant Protection Branches and Animal Health Branches under the Department of Agriculture and Rural Development of provinces and centrally governed cities
1. Carry out inspections to ensure food safety conditions for agricultural product production and business establishments according to their assigned tasks and levels and in accordance with guidelines from specialized management Bureaus.
2. Systematically store all relevant files related to the inspection of food safety conditions for agricultural product production and business establishments for a minimum period of two years; provide files and fully and accurately explain issues related to inspections when requested by higher-level management agencies.
3. Annually compile a list of production and business establishments under their jurisdiction, inspection results, and report them to the Department of Agriculture and Rural Development, specialized management Bureaus, and the Bureau of Quality Control for Agricultural, Forestry, and Fisheries Products.
4. Annually develop plans and budgets for inspecting food safety conditions for agricultural product production and business establishments according to their assigned tasks and levels, submit these to the Department of Agriculture and Rural Development for review and consolidation, and then submit them to competent authorities for approval.
Article 20. Agricultural Product Production and Business Establishments
1. Maintain food safety conditions in accordance with regulations.
2. Comply with food safety condition inspections conducted by inspection agencies.
3. Implement corrections to deficiencies noted in inspection reports and notifications issued by inspection agencies.
4. Trace the cause of batches of agricultural products found to be contaminated with microorganisms or chemicals exceeding maximum permitted levels; establish corrective measures as directed and report to specialized management Bureaus, the Bureau of Quality Control for Agricultural, Forestry, and Fisheries Products, and the Department of Agriculture and Rural Development.
Article 21. Testing Rooms designated to analyze food safety indicators for agricultural products
1. Adhere strictly to the regulations of the Ministry of Agriculture and Rural Development regarding designated testing rooms.
2. Ensure accurate and impartial testing results, report results on time, and take responsibility for analysis results conducted by the testing room.
3. Only authorized to report food safety indicator analysis results to the agency that submitted the samples.
Chapter V
IMPLEMENTING PROVISIONS
Article 22. Effectiveness
This Circular shall take effect forty-five days from the date of signature.
Article 23. Amendments and Supplements
During implementation, if difficulties or obstacles arise, units should report to the Ministry of Agriculture and Rural Development for consideration and amendment./.
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Circular No. 05/2010/TT-BNNPTNT guiding the inspection and supervision of food safety for agricultural products before they are put on the market.
Expired
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