Circular No. 11/2015/TT-BNNPTNT on risk assessment for live aquatic animals imported for food purposes

CIRCULAR

Regulations on risk assessment for live aquatic products imported for food consumption

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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 Fisheries Law 2003;

Pursuant to the Trade Law 2005;

Pursuant to the Biodiversity Law 2008;

Pursuant to the Environmental Protection Law 2014;

Pursuant to Decree No. 187/2013/NĐ-CP dated November 20, 2013 of the Government detailing the implementation of the Trade Law regarding international trade activities and related agency, purchase, sale, processing, and transit activities with foreign countries;

Animal Feed - Maximum Allowable Levels of Safety Indicators in Animal Feed and Raw Materials for Aquafeed Production.

The Minister of Agriculture and Rural Development issues this Circular on risk assessment for live aquatic products imported for food consumption.

PART I

GENERAL PROVISIONS

Article 1. Scope and objects regulated

This Circular stipulates the contents, methods of risk assessment, and management for live aquatic products imported into Vietnam for food consumption, including species not listed in the following Catalogues: Catalogue of live aquatic species permitted for import for food consumption; Catalogue of invasive alien species; Catalogue of alien species with potential to become invasive.

Article 2. Applicability

This Circular applies to management agencies, organizations, and individuals directly involved in or related to the importation and trading of live aquatic products for food consumption.

Article 3. Explanation of Terms

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

1. "Risk" means the possibility of causing harmful impacts on biodiversity, the environment, and humans from activities involving the transportation, storage, holding, processing, and consumption of live aquatic products imported for food consumption.

2. "Invasive threat" means existing risks that, if realized, would be harmful to biodiversity, the environment, and humans from activities involving the transportation, storage, holding, processing, and consumption of live aquatic products imported for food consumption.

3. "Risk assessment of live aquatic products" imported into Vietnam for food consumption (hereinafter referred to as risk assessment) involves activities aimed at identifying potential adverse effects on humans and the environment in relation to live aquatic products imported for food consumption.

4. "Live aquatic products" refers to aquatic animal and plant species capable of growth and development.

5. "Live aquatic products for food consumption" refers to aquatic animal and plant species alive and intended for human consumption.

Chapter II

RISK ASSESSMENT OF LIVE AQUATIC PRODUCTS FOR FOOD CONSUMPTION

Article 4Contents and methods of risk assessment

1. Contents of risk assessment

a) Ability to survive in the environment and ecological regions in Vietnam.

b) Potential to become a predator, invasive, or potentially invasive species and competition for food with native aquatic species.

c) Potential for hybridization between imported aquatic species and native aquatic species.

d) Risk of disease transmission to native aquatic species and humans.

(Main criteria for risk assessment according to the above contents are specified in Appendix I attached to this Circular)

2. Methods of risk assessment

a) Expert evaluation method: a method of collecting and processing predictive assessments by gathering and soliciting opinions from experts. Through this, objective conclusions about the imported live aquatic products for food consumption are drawn.

b) Assessment based on documentation provided by organizations or individuals requesting risk assessment regarding the growth, reproduction, living habits, feeding behavior, and common diseases of the assessed species compared to published biological characteristics of the risk-assessed species.

Article 5. Risk Assessment Council

1. Organization of the Council

a) The Council is an organization established by the Director General of the Fisheries General Department to advise the Director General on conclusions regarding the importation or non-importation of live aquatic species and to recommend risk management measures that must be implemented for imported aquatic species intended for food.

b) The Council consists of 7-9 members including the Chair, Vice-Chair, Secretary Member, Reviewer Member, and other members. Council members are experts with knowledge and experience in fields such as ichthyology, biodiversity, environment, aquaculture, and aquatic animal diseases, having at least three years of experience.

2. Activities of the Council

a) The Council operates based on democratic and objective principles; each member is individually responsible for the scientific accuracy of their independent opinions and assessments, while collectively responsible for the Council's final conclusion.

b) Council meetings are convened by the Chair and must ensure the presence of at least two-thirds of the total number of Council members. In the absence of the Chair, the Vice-Chair shall delegate authority to preside over the meeting.

c) The Council may invite representatives of organizations or individuals importing live aquatic species for food to attend meetings to provide additional information and answer questions from Council members.

d) The Council is tasked with conducting risk assessments of imported live aquatic species intended for food according to the contents and methods specified in Article 4 of this Circular. The Council issues conclusions and recommends risk management measures to be implemented for live aquatic species determined to pose no threat and meet the conditions for importation as food (Risk Assessment Report Model prescribed in Appendix II attached to this Circular).

3. Responsibilities of Council Members

a) Fully participate in Council meetings and provide specific written comments.

b) Manage provided documents, ensuring they are not lost or transferred to third parties, and return them upon request by the Fisheries General Department after completing their tasks.

4. Operating Expenses

The operating expenses of the Council are borne by organizations or individuals importing live aquatic species for food according to the regulations on managing research topics and projects stipulated in Decision No. 36/2006/QĐ-BNN dated May 15, 2006, issued by the Minister of Agriculture and Rural Development.

Chapter III

MANAGEMENT OF LIVE AQUATIC SPECIES PERMITTED FOR IMPORTATION AS FOOD

Article 6. General Requirements

1. Activities related to the importation and sale of live aquatic species for food must strictly comply with preventive, handling, and remediation measures outlined in the Import Monitoring Plan approved by the Fisheries General Department.

2. In cases where risks arise during the importation and sale of live aquatic species leading to the possibility of the imported batch becoming harmful, invasive, or potentially invasive, the importing, transporting, storing, holding, processing, and consuming entities must promptly report to local aquaculture management authorities and the Fisheries General Department for appropriate action.

3. If harm or potential harm is discovered in other countries concerning live aquatic species for food that have been permitted for importation, the registering importer has the responsibility to immediately inform local aquaculture management authorities and the Fisheries General Department for appropriate action and to report to the Ministry of Agriculture and Rural Development.

Article 7. Transport, storage, preservation, processing, and consumption

1. Live aquatic products imported for food purposes must be transported, stored separately, preserved, processed, and consumed under conditions suitable for each type of live aquatic product and must not be released into the environment.

2. During the process of transporting, storing, preserving, processing, and consuming live aquatic products for food purposes, the importing organizations and individuals are responsible for regularly inspecting and inventorying. The results of inspections and inventories must be kept in the records of the facility.

3. It is prohibited to breed or release live aquatic products intended for food into natural environments and aquaculture environments.

4. In case of loss during transportation, storage, preservation, processing, and consumption, organizations and individuals must immediately implement measures to recover all quantities of lost live aquatic products and handle them appropriately, while reporting to the local aquatic resource management authority and the General Department of Fisheries within the latest two working days.

Chapter IV

IMPLEMENTATION RESPONSIBILITY

Article 8General Department of Fisheries

1. Organize guidance and implementation of this Circular.

2. Take the lead in conducting risk assessments, coordinate with relevant organizations and individuals to implement risk management measures, periodically compile information, evaluate the implementation of risk management measures in the importation of live aquatic products for food purposes, and propose adjustments when necessary.

3. Report to the Minister of Agriculture and Rural Development on the implementation of this Circular every six months.

Article 9. Local Aquatic Resource Management Authority

1. Implement the monitoring program for managing consignments of live aquatic products imported for food purposes by registered organizations and individuals within their jurisdiction.

2. Statistically compile and report to the General Department of Fisheries on the implementation of monitoring and managing consignments of live aquatic products imported for food purposes within their jurisdiction every six months.

Article 10Organizations and individuals importing, distributing, transporting, storing, preserving, processing, and consuming live aquatic products for food purposes

1. Comply with registration requirements, implement risk management, and accept inspection and supervision by competent authorities as stipulated in this Circular.

2. Pay fees and charges as prescribed.

Chapter V

IMPLEMENTATION

Article 11. Implementation Provisions

1. This Circular takes effect from May 11, 2015.

2. During implementation, if there are difficulties, obstacles, or new issues arise, related organizations and individuals should promptly reflect these to the General Department of Fisheries for compilation and submission to the Minister of Agriculture and Rural Development for consideration of amendments and supplements./.