Circular No. 08/2016/TT-BNNPTNT on food safety supervision for agricultural, forestry, and aquatic products

CIRCULAR

Regulations on food safety supervision for agricultural, forestry, and aquatic products.

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Pursuant to Decree No. 199/2013/NĐ-CP dated November 26, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Food Safety Law adopted by the National Assembly on June 17, 2010 and the Government Decree No. 38/2012/NĐ-CP dated April 25, 2012 detailing the implementation of certain provisions of the Food Safety Law;

At the proposal of the Director of the Quality Management Department for Agricultural, Forestry, and Aquatic Products,

The Minister of Agriculture and Rural Development issues this Circular on food safety supervision for agricultural, forestry, and aquatic products.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the supervision of food safety (FS) for agricultural, forestry, and aquatic products circulating and consumed domestically within the purview of the Ministry of Agriculture and Rural Development; the responsibilities of relevant agencies, organizations, and individuals involved in FS supervision activities aimed at warning, preventing, and stopping FS incidents before distribution to consumers.

Article 2. Applicability

1. The food products subject to this Circular include: cereals; meat and meat products; aquatic products and aquatic product products; vegetables, roots, fruits, and vegetable, root, fruit products; eggs and egg products; raw milk; honey and honey products; salt; spices; sugar; tea; coffee; cocoa; pepper; cashew nuts and other food agricultural products circulating and consumed at:

a) Wholesale markets, auction markets for agricultural, forestry, and aquatic products (hereinafter referred to as markets);

b) Collection and distribution facilities for agricultural, forestry, and aquatic products, specialized business facilities for agricultural, forestry, and aquatic products (only dealing with products under the purview of the Ministry of Agriculture and Rural Development) (hereinafter referred to as business facilities).

2. The subjects not covered by this Circular include: agricultural, forestry, and aquatic food products for export that have been supervised according to the importing country's regulations.

Article 3. Basis for implementing food safety supervision for agricultural, forestry, and aquatic products

National technical regulations and standards issued by the Ministry of Agriculture and Rural Development and the Ministry of Health, and other state regulations related to food safety indicators for agricultural, forestry, and aquatic products.

Article 4. Food safety supervision agencies for agricultural, forestry, and aquatic products

The Quality Management Agency for Agricultural, Forestry, and Aquatic Products or the specialized agency designated by the Provincial Department of Agriculture and Rural Development for provinces that have not established such an agency (hereinafter referred to as the Supervisory Agency): supervise food safety for agricultural, forestry, and aquatic products during circulation and domestic consumption stages.

Article 5. Testing laboratories conducting sample analysis for food safety supervision

Testing laboratories conducting sample analysis for food safety supervision are those laboratories designated by the Ministry of Agriculture and Rural Development as quality and food safety testing laboratories (hereinafter referred to as Testing Laboratories).

Article 6. Requirements for sampling personnel

1. Have appropriate expertise;

2. Hold a certificate or certification regarding sampling or have participated in training courses with content on sampling agricultural, forestry, and aquatic food safety samples.

Article 7. Methods and contents of supervision

Random sampling for testing to assess compliance with national technical regulations for a specific indicator or group of indicators for a particular high-risk food safety product or group of products within a defined period.

Article 8. Implementation Funding

The funding for monitoring food safety of agricultural, forestry, and aquatic products shall be implemented according to the current state budget classification. Budget preparation shall comply with the provisions of the State Budget Law and related guiding documents.

Chapter II

CONTENTS, PROCEDURES, AND PROCEDURAL REQUIREMENTS FOR FOOD SAFETY MONITORING

Article 9. Development of Sampling Monitoring Plan

The sampling monitoring plan shall include the following contents:

1. Agricultural, forestry, and aquatic products (hereinafter referred to as products) subject to monitoring;

2. Sampling locations;

3. Number of samples and food safety indicators to be tested;

4. Estimated time for sample collection for each product;

5. Projected implementation funding for monitoring activities, including sampling costs, purchasing samples, and sample analysis.

Article 10. Criteria for Determining Products and Food Safety Indicators Subject to Monitoring

Products and food safety indicators subject to monitoring shall be determined based on one or more of the following criteria:

1. Products and indicators found to violate food safety regulations as reported by consumers, warnings issued by authorized state agencies on food safety, or warnings from importing country authorities;

2. Products and indicators identified as not meeting food safety standards from previous inspection, testing, and monitoring results;

3. Products and indicators causing incidents of collective food poisoning;

4. Requirements of the Ministry of Agriculture and Rural Development or Provincial Department of Agriculture and Rural Development.

Article 11. Criteria for Determining Sampling Locations

Sampling locations shall be determined based on one or more of the following criteria:

1. Markets and business establishments in localities where monitored products are sold, as specified in Article 10;

2. Sampling locations must ensure representative samples can be obtained, traceable origins, and facilitate the implementation of the monitoring plan.

Article 12. Criteria for Determining Sample Size

The number of samples for monitoring corresponding to monitored products shall be determined based on one or more of the following criteria:

1. Warnings about food safety indicators issued by authorized state agencies within the country and importing country authorities;

2. Reference to the sampling method guidance of CODEX Standard CAC/GL 33-1999;

3. Management requirements of the Ministry of Agriculture and Rural Development or Provincial Department of Agriculture and Rural Development.

Article 13. Timeframe for Sample Collection

The timeframe for sample collection shall focus on specific periods determined annually or according to management requirements of the Ministry of Agriculture and Rural Development or Provincial Department of Agriculture and Rural Development.

Article 14. Approval of Sampling Monitoring Plan

1. By October each year, the supervisory agency proposes the sampling monitoring plan for the following year (if necessary) and submits it to the Provincial Department of Agriculture and Rural Development for approval.

2. The Provincial Department of Agriculture and Rural Development compiles the sampling monitoring plan for agricultural, forestry, and aquatic products proposed by the supervisory agency; reviews and approves the sampling monitoring plan for food safety in December for implementation in the following year; notifies the supervisory agency and relevant units to implement the plan.

Article 15. Adjustment of Sampling Monitoring Plan

Based on actual production and business conditions, during the implementation process, the supervisory agency may propose adjustments to the sampling plan (if necessary) to make it appropriate and submit it to the Provincial Department of Agriculture and Rural Development for review and notification of the adjusted plan.

Article 16. Sampling for Supervision

1. Based on the plan approved by the Department of Agriculture and Rural Development, the supervisory agency shall organize the implementation of sampling for supervision.

2. Sample preservation and specific testing criteria must be designated for each sample; the quantity of samples for testing must ensure sufficient amounts for initial testing and confirmatory testing; a record of sample collection with signatures from the sampler and the representative of the sampled entity must be established.

3. Samples taken must be sealed and marked with identifiable codes (encoded). The supervisory agency must send samples to the laboratories for timely testing according to the requirements of each type of sample and analytical criteria.

4. The procedures for sampling, sample preservation, handover, and sending samples to the laboratory for certain agricultural, forestry, and aquatic products shall be carried out in accordance with the Appendix issued together with this Circular.

Article 17. Handover of Samples

1. Representatives of the supervisory agency and the laboratory: check and compare the quantity, types, condition of samples, testing criteria, carry out the handover of supervision samples, and establish a handover record according to the content of the Appendix issued together with this Circular.

2. The laboratory has the right to refuse to accept samples with incorrect information or in packaging and preservation conditions that do not meet the requirements, which may affect the analysis results. In such cases, the supervisory agency will re-collect the samples.

Article 18. Testing and Reporting Supervision Results

1. Testing of agricultural, forestry, and aquatic product supervision samples shall be conducted at the laboratory specified in Article 5.

2. The time for reporting test results starts from the date of receipt of the samples as agreed between the laboratory and the supervisory agency that sent the samples.

3. Periodically or upon request, the supervisory agency compiles and reports the supervision results to the Department of Agriculture and Rural Development. In case of non-compliance with the results, the handling shall be carried out in accordance with Article 19 of this Circular.

4. The Department of Agriculture and Rural Development compiles and periodically publishes on its website the supervision results in the locality.

Article 19. Handling When Supervision Sample Test Results Do Not Ensure Food Safety

Immediately upon receiving the test results of supervision samples that do not ensure food safety, the supervisory agency shall implement the following actions:

1. Notify in writing the entity whose sample does not ensure food safety, requiring traceability of origin, recall of unsafe products, investigation of causes, implementation of corrective actions, and report the results back to the supervisory agency. Traceability of origin and recall of unsafe products shall be carried out in accordance with Circular No. 03/2011/TT-BNNPTNT dated January 21, 2011 of the Ministry of Agriculture and Rural Development on traceability of origin and recall of products not meeting quality and food safety standards in the aquaculture sector and Circular No. 74/2011/TT-BNNPTNT dated October 31, 2011 of the Ministry of Agriculture and Rural Development on traceability, recall, and handling of unsafe agricultural and forestry products.

2. Notify in writing the supervision results to local functional agencies responsible for food safety management during production and business stages where supervision samples were found to be non-compliant, so they can take appropriate control measures.

3. If the entity fails to submit a report on cause investigation and corrective action within the required timeframe, the supervisory agency shall notify and request in writing the specialized inspection agency to conduct surprise inspections and handle violations in accordance with the law on inspection.

4. If the supervision sample that does not ensure food safety is determined to be an imported product, the supervisory agency shall report to the Department of Agriculture and Rural Development to issue a notification to the functional agency under the Ministry of Agriculture and Rural Development responsible for food safety management of imported agricultural, forestry, and aquatic products.

Chapter III

RESPONSIBILITIES OF THE AUTHORITIES, ORGANIZATIONS, AND INDIVIDUALS RELATED TO SUPERVISION ACTIVITIES

Article 20. The Bureau for Quality Management of Forestry, Aquatic Products and Agricultural Products

1. Summarize the annual food safety monitoring results of forestry, aquatic products and agricultural products from localities and report to the Ministry of Agriculture and Rural Development; submit periodic and ad hoc reports as required by the Ministry of Agriculture and Rural Development on the implementation results; take the lead in proposing and recommending amendments to the provisions set forth in this Circular.

2. Coordinate with specialized agencies to organize training, instruction, and professional guidance on food safety monitoring for supervisory agencies.

3. Develop guidelines for sampling, sample preservation, and sample delivery for certain monitored products.

4. Regularly or ad hoc inspect the implementation of this Circular by supervisory agencies.

Article 21. The General Department of Fisheries, Plant Protection Bureau, Livestock Production Bureau, Crop Production Bureau, Animal Health Bureau

1. Direct and guide subordinate units at the provincial level to coordinate with supervisory agencies during the process of handling non-compliant food safety testing results.

2. Coordinate with the Bureau for Quality Management of Forestry, Aquatic Products and Agricultural Products to disseminate and instruct on the implementation of this Circular to entities under their jurisdiction.

Article 22. Departments of Agriculture and Rural Development

1. Direct, guide, and inspect the implementation of this Circular within the province or city.

2. Aggregate and approve the annual sampling plan for food safety monitoring of forestry, aquatic products and agricultural products by supervisory agencies.

3. Direct subordinate agencies to implement control measures, inspections, and handle violations according to the law when food safety testing results are non-compliant.

4. Coordinate with functional agencies to organize guidance, propaganda, and training on ensuring food safety quality for entities under their jurisdiction.

5. Submit periodic reports in December each year or ad hoc reports upon request by the Ministry of Agriculture and Rural Development (Bureau for Quality Management of Forestry, Aquatic Products and Agricultural Products) regarding food safety monitoring activities in the locality.

Article 23. Supervisory Agencies

1. Take the lead in developing the sampling monitoring plan, report to the Department of Agriculture and Rural Development, and implement the approved plan in accordance with this Circular.

2. Disseminate and instruct production establishments, business establishments dealing with forestry, aquatic products and agricultural products, market management boards, and auction markets to comply with the provisions of this Circular.

3. Systematically store all relevant files and data related to food safety monitoring activities; provide complete and accurate explanations of issues related to monitoring activities when requested by the Department of Agriculture and Rural Development or the Bureau for Quality Management of Forestry, Aquatic Products and Agricultural Products.

4. Pay for the cost of purchasing samples and testing samples.

5. Submit monthly periodic reports and annual summary reports on monitoring results in December each year to the Bureau for Quality Management of Forestry, Aquatic Products and Agricultural Products and the Department of Agriculture and Rural Development; proactively propose and recommend amendments needed in the implementation of the sampling monitoring plan for forestry, aquatic products and agricultural products.

6. Participate in training, instruction, and professional guidance on food safety monitoring organized by the Bureau for Quality Management of Forestry, Aquatic Products and Agricultural Products.

Article 24. The Testing Room shall be designated to test samples of agricultural, forestry, and aquatic products.

1. Ensure the accuracy and objectivity of testing results and bear responsibility for the testing results conducted by the Testing Room.

2. Notify the Supervisory Authority of the testing results according to the agreement previously reached between both parties.

Article 25. Business establishments and Market Management Boards

1. Provide samples and provide complete information on the origin and source of the monitoring samples as required by the Supervisory Authority.

2. Comply with supervisory measures, carry out traceability, determine the cause of non-compliance with food safety standards, implement appropriate corrective measures, proactively recall non-compliant products, and report the results to the Supervisory Authority.

3. The Market Management Board is responsible for establishing internal regulations, clearly defining the general responsibilities of the market and the responsibilities of each business entity within the market regarding compliance with food safety regulations.

Chapter IV

IMPLEMENTING PROVISIONS

Article 26. Effective date

1. This Circular takes effect from July 15, 2016.

2. This Circular replaces Circular No. 05/2010/TT-BNNPTNT dated January 22, 2010, issued by the Minister of Agriculture and Rural Development on guiding the inspection and supervision of hygiene and safety of agricultural products before they enter the market; it also replaces Circular No. 61/2012/TT-BNNPTNT dated November 13, 2012, issued by the Minister of Agriculture and Rural Development on the regulation of post-harvest aquatic product safety supervision.

Article 27. Amendments and Supplements

The Directorate of Quality Assurance for Agricultural, Forestry, and Aquatic Products is responsible for compiling difficulties and issues arising during the implementation of this Circular, reporting and proposing amendments and supplements to the Ministry of Agriculture and Rural Development for consideration to ensure appropriateness.