Circular No. 07/2018/TT-BNNPTNT on the inspection of impurities in shrimp and shrimp products

CIRCULAR

Regulations on the inspection of impurities in shrimp and shrimp products

Pursuant to the Food Safety Law dated 1June 7, 2010;

Pursuant to the Law on Handling Administrative Offenses dated June 20, 2012;

Pursuant to Decree No. 15/2017/ND--CP dated February 17, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;From 100 million VND to less than 300 million VNDAt the proposal of the Director of the Plant Protection Department, the General Director of the Fisheries General Department, and the Director of the Livestock Production Department;

Pursuant to Decision No. 2419/QD-TTg dated December 13, 2016 of the Prime Minister approving the Project to control and prevent the act of adding impurities to raw shrimp and the production and business of shrimp containing impurities;

At the proposal of the Director of the Quality Management Department for Agricultural Products and Aquatic Products, lThe Minister of Agriculture and Rural Development promulgates this Circular stipulating the inspection of impurities in shrimp and shrimp products,

This Circular stipulates the inspection of impurities in shrimp and shrimp products (

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

hereinafter referred to as shrimp); responsibilities and authorities of state agencies, organizations, and individuals related thereto.This Circular applies to organizations and individuals (

Article 2. Applicability

hereinafter referred to as the Facility) that carry out activities of purchasing, storing, processing, manufacturing, transporting, and trading shrimp under the management authority of the Ministry of Agriculture and Rural Development, competent authorities, and related organizations and individuals.In this Circular, the following terms are understood as follows:

Article 3. Explanation of Terms

Impurity

1. : is any substance that is not a natural component of shrimp.Adding impurities to shrimp

2. is the intentional activity of soaking, marinating, steeping, stuffing, injecting impurities into shrimp to increase weight, size, change the natural structure of shrimp with the aim of commercial fraud, including gifts, exchanges. Producing and trading shrimp containing impurities

3. is the act of purchasing, storing, processing, manufacturing, transporting, and trading shrimp containing impurities. Violation of impurities

4. is the implementation of any of the acts specified in Clause 2 and Clause 3 of this Article. Article 4. Inspection bodies and forms of inspection

1. Inspection bodies

a) Inspection bodies under the Ministry of Agriculture and Rural Development include: the Inspectorate of the Ministry of Agriculture and Rural Development, the Quality Management Department for Agricultural Products and Aquatic Products.

b) Local inspection bodies include: the Inspectorate of the Department of Agriculture and Rural Development, the District-level Quality Management Department for Agricultural Products and Aquatic Products; other specialized agencies assigned by the Department of Agriculture and Rural Development.

2. Forms and bases for inspection:

a) Regular inspection is the activity of inspecting compliance with regulations on controlling and preventing impurities in shrimp, combined with inspecting and evaluating food safety conditions and inspecting and certifying export consignments of Facilities according to the regulations of the Ministry of Agriculture and Rural Development on inspecting and evaluating food safety conditions and issuing certificates for export aquatic product consignments.

b) Spot inspection is the activity carried out when there is information about violations. Information about impurity violations is collected from sources reported by organizations and individuals, information from the Police, results of impurity control in shrimp by competent agencies, and warning information from importing countries.

Article 5. Requirements for testing laboratories

1. Testing laboratories for various types of impurities must be designated by the competent authority to test corresponding indicators as prescribed by law.

2. In cases where the required analysis indicators have not been designated testing laboratories, the inspection body shall consider and select to send samples for analysis at testing laboratories meeting the following requirements:

a) Already designated to analyze food safety indicators.

b) Already have methods and confirmed the value of using the method for the required analysis indicator.

PROCEDURE FOR INSPECTION

Chapter II
PROCEDURE FOR INSPECTION

Article 6. Establishment of Inspection Teams and Assignment of Inspections

1. For regular inspections:

a) The inspection agency specified in Clause 1, Article 4 of this Circular shall establish an Inspection Team to assess food safety conditions and combine with inspecting compliance with regulations on controlling and preventing contaminants at the Facility.

b) The inspection agency specified in point a, Clause 1, Article 4 of this Circular shall assign inspectors to inspect export batches of aquatic products and combine with inspecting compliance with regulations on controlling and preventing contaminants at the Facility.

2. For surprise inspections: The inspection agency issues a Decision to establish a surprise inspection team when there is information about violations related to contaminants. In necessary cases, the inspection agency may establish an inter-agency inspection team; invite representatives from other agencies and units under the Ministry of Agriculture and Rural Development, Public Security, and Industry and Trade to participate.

Article 7. Procedure for Inspecting Contaminants at Facilities

1. Announcing the Inspection Decision: When establishing an inspection team, the inspection team announces the Inspection Decision to the representative of the facility during the inspection. If there is ongoing violation information regarding contaminants or evidence being kept at the facility, the inspection team immediately conducts on-site inspection and then announces the Inspection Decision.

2. Inspection to detect contaminants in shrimp according to the content and methods of inspection prescribed in Article 8 of this Circular.

3. Reporting results: Prepare a working record and inform the facility's representative about the inspection results. In case of detecting violations related to contaminants, the inspection team or inspector, if assigned to conduct independent inspections, will prepare an Administrative Violation Record according to their authority for the violations as stipulated in Decree No. 97/2017/NĐ-CP dated August 18, 2017 of the Government amending and supplementing some articles of Decree No. 81/2013/NĐ-CP dated July 19, 2013 of the Government detailing certain provisions and measures to implement the Law on Handling Administrative Violations.

Article 8. Content and Methods of Inspecting Contaminants

1. Inspection content:

a) Documents related to business registration activities and certification of meeting food safety conditions.

b) Management of raw materials imported and used for shrimp production and business operations.

c) Quantity of products currently being produced and sold, technical files (enterprise standards, product quality registration).

d) Documents related to the facility's self-inspection activities.

đ) On-site inspection of production areas, raw material warehouses, finished goods warehouses, and other relevant areas.

e) Evaluation of compliance with regulations on controlling contaminants for raw materials, semi-finished products, and finished products of the facility.

g) Other contents as required by professional duties.

2. Testing methods:

a) Collecting documents, evidence, and information according to the inspection content, combining interviews and verification of the facility's explanations when necessary;

b) Sampling, on-site testing; sampling for storage; testing contaminants in the laboratory as prescribed in Article 9 of this Circular.

Article 9. Sampling, On-Site Testing, and Sampling for Storage, Testing Contaminants in the Laboratory

1. Sampling and On-Site Testing: The inspection team or inspector, if assigned to conduct independent inspections, selects a batch of shrimp suspected of containing contaminants that has been identified as having an owner or responsible person for testing contaminants according to the on-site technical inspection procedure stated in Appendix 1 attached to this Circular; prepares a Technical Inspection Report according to the model in Appendix 2 attached to this Circular. The Technical Inspection Report must be signed by the head of the inspection team, the inspector, and the representative of the facility. If the facility's representative does not sign the report, the report must have the signature of a witness or all members of the team.

2. Sampling for Storage:

a) When the on-site inspection results reveal a batch of shrimp containing contaminants, the inspection team or inspector, if assigned to conduct independent inspections, shall take samples for storage at the inspection agency. The sample is divided into three equal parts, sealed with the signatures of the sampler and the facility's representative.

b) The sampling process is recorded in a record and must clearly state the storage period at the inspection agency, which should match the product's shelf life but not exceed 15 days. After the storage period expires without any complaints, the inspection agency handles the stored sample according to current regulations.

c) If the facility's representative does not sign the sampling record or seal the sample, the sampling record must clearly state the reason "the facility's representative did not sign the sampling record or seal the sample." The sampling record and sealed sample still have legal validity with the signatures of the sampler, the head of the inspection team, or the inspector, if assigned to conduct independent inspections.

3. In case of disagreement with the on-site inspection results, within one day from the date of inspection, the facility has the right to request the inspection team or inspection agency to send the stored sample to the laboratory specified in Article 5 of this Circular for analysis. The analysis result of the laboratory serves as the basis for the inspection agency to handle violations related to contaminants. The cost of analysis at the laboratory is borne by the facility.

Chapter III
VIOLATION HANDLING WHEN CONTAMINANTS ARE DISCOVERED

Article 10. Handling when impurities are discovered

1. In cases where inspection is conducted by a Team, upon discovering violations related to impurities or when on-site inspection results conclude that a batch of shrimp contains impurities, the Head of the Inspection Team shall implement:

a) Prepare an administrative violation record within their authority.

b) Seal the evidence and means of administrative violation. The seal must bear the stamp of the Inspection Agency, the signature of the Head of the Inspection Team, and the signature of a representative from the Facility. A record of the sealing process must be prepared. If there is no signature from the Facility's representative, the seal must have the signature of a witness or all members of the team, and it must be noted in the record "Facility representative did not sign the seal, record."

c) Report to the Head of the Inspection Agency to issue a decision to temporarily detain the evidence and means of administrative violation within twenty-four hours from the time of sealing.

2. In cases where an inspector is assigned to conduct independent inspections, upon discovering violations related to impurities or when on-site inspection results conclude that a batch of shrimp contains impurities, the inspector shall implement:

a) Prepare an administrative violation record within their authority.

b) Report to the Head of the Inspection Agency to take appropriate measures for handling.

Article 11. Handling and transferring administrative violation cases

1. The Head of the Inspection Team or the inspector assigned to conduct independent inspections shall report to the Head of the Inspection Agency to complete the administrative violation handling file within their authority.

2. In cases where the Central Inspection Agency's Inspection Team needs to immediately move to another location to inspect and handle impurity violations, ensuring timeliness and confidentiality, the Head of the Inspection Team shall report and seek instructions from the Head of the Inspection Agency to transfer the case to local agencies for handling. The transfer of the case shall be carried out as follows:

a) The agency receiving the transfer is the Department of Agriculture and Rural Development Inspectorate or the agency tasked with specialized inspection at the local level.

b) The transfer must be recorded in a protocol and signed by the Head of the Inspection Team and a representative of the receiving party.

Chapter IV
RESPONSIBILITIES AND LIMITATIONS

Article 12. Members of the Inspection Team and inspectors assigned to conduct independent inspections

1. Responsibilities of members of the Inspection Team and inspectors assigned to conduct independent inspections:

a) Adhere strictly to the Facility's regulations on personal hygiene before entering the Facility;

b) Adhere strictly to the procedures, formalities, contents, and methods of impurity inspection as stipulated in this Circular;

c) Maintain confidentiality regarding information related to production and business operations of the Facility according to the law; ensure transparency, honesty, impartiality, and non-discrimination when performing duties;

d) Not request additional content beyond the regulations that cause harassment or inconvenience to the Facility;

đ) Comply with the assignments of the Head of the Inspection Team and the Head of the Inspection Agency; be responsible for the inspection results before the Head of the Inspection Agency and the law;

e) Prepare sufficient equipment, tools, testing solutions, and technical documents to serve inspection activities;

g) Inspect the condition of retained samples and sample coding (with recognizable symbols) before sending samples to the Testing Laboratory for testing when required.

2. Powers of members of the Inspection Team and inspectors assigned to conduct independent inspections:

a) Request the Facility to provide files, documents, samples, and assign staff to work to serve inspection activities;

b) Enter and exit production areas, reception areas, raw material storage areas, and other auxiliary areas when accompanied by Facility staff or having informed Facility staff;

c) Review files, take samples, photograph, copy, and record necessary information to serve inspection tasks.

Article 13. Head of the Inspection Team

1. Responsibilities of the Head of the Inspection Team:

a) Shall be responsible as prescribed in Clause 1, Article 12 of this Circular;

b) Direct and assign tasks to members of the inspection team to fully implement the contents specified in the decision establishing the inspection team;

c) Handle opinions and results of inspections by team members and draw final conclusions in the inspection record;

d) Invite representatives or employees of the inspected entity to attend the announcement of the inspection team's decision and accompany the inspection team;

đ) Review and sign the inspection record, bear responsibility before the head of the Inspection Agency and under the law for the results implemented by the inspection team.

2. Authorities of the Head of the Inspection Team:

a) Shall be responsible as prescribed in Clause 2, Article 12 of this Circular;

b) Propose to the head of the Inspection Agency to issue a decision adjusting the membership of the inspection team to fully implement the contents specified in the decision establishing the inspection team;

c) Draw final conclusions of the inspection team on the inspection results.

Article 14. Inspection Agency

1. Develop annual plans accompanied by budget estimates; submit to the competent authority for approval.

2. Organize inspections of impurities as prescribed in this Circular.

3. Implement administrative violations according to its authority or coordinate with competent authorities to handle administrative violations as prescribed.

4. Fully retain relevant files related to inspection results, report comprehensively and accurately about issues related to impurity inspection activities when requested by competent authorities.

5. Protect information related to production and business secrets of inspected entities.

Article 15. Department of Agriculture and Rural Development

1. Organize dissemination and propaganda for relevant parties: owners of breeding facilities, purchasing and processing facilities, purchasing agents, seafood processing facilities regarding the harm of impurities and state regulations on inspections, preventing violations of impurities;

2. Organize training on methods to detect impurities in seafood for county and commune-level inspection staff;

3. Develop surprise inspection plans to prevent impurity violations. Allocate sufficient funds to serve inspection activities;

4. Coordinate with related functional agencies, mass organizations, and professional associations at the local level to organize activities to disseminate and propagate the harm of impurities, regulations on inspections, prevention, and handling of violations;

5. Direct the Department Inspectorate, District Management Office of Quality of Forestry, Agricultural, and Aquatic Products to be ready to accept cases handed over by the central inspection team and handle them according to the law;

6. Specifically, the Department of Agriculture and Rural Development of Ca Mau, Bac Lieu, Soc Trang, and Kien Giang shall direct the establishment of hotlines to receive reports of impurity violations; compile lists of purchasing and processing facilities and organize signing commitments not to introduce impurities into shrimp and not to produce or sell shrimp containing impurities.

Article 16. Directorate of Quality Assurance of Forestry, Agricultural, and Aquatic Products

1. Fully perform the responsibilities of the inspection agency as stipulated in Article 14 of this Circular;

2. Conduct technical training for detecting impurities for central and provincial-level inspectors;

3. Annually, take the lead and coordinate with central inspection agencies to develop plans to implement activities related to controlling impurities in shrimp accompanied by budget estimates for submission to the Ministry of Agriculture and Rural Development for approval;

4. Uniformly guide provincial forestry, agricultural, and aquatic product quality management agencies on the content of propaganda and dissemination regarding the harm of impurities and state regulations on inspections, preventing violations of impurities;

5. Organize mid-term and final reviews, propose solutions to resolve difficulties and commend and encourage organizations and individuals who perform well in the work of inspecting and detecting impurity violations.

Article 17. Laboratory Testing Room

1. Check the condition of the sample, the sealing condition of the sample, compile the acceptance record, and reflect the condition of the sample and the sealing condition of the sample on the testing result;

2. Ensure that the testing results are accurate, timely, impartial, and truthful, and be responsible for the testing results;

3. Store records and documents related to impurity testing activities in accordance with regulations and produce them when requested by the Competent Authority.

Chapter VII
IMPLEMENTING PROVISIONS

Article 18. Effective Date

This Circular takes effect from August 24, 2018.