Decision No. 15/2002/QĐ-BTS On the Issuance of the Regulation on Residue Control of Harmful Substances in Aquatic Animals and Aquatic Products.

DECISION OF THE MINISTER OF AQUATIC RESOURCES

Regarding the issuance of the Regulation on Residue Control of Harmful Substances in Aquatic Animals and Aquaculture Products.

farmed aquatic animal products.

 

MINISTER OF AQUATIC RESOURCES

Pursuant to Decree No. 50/ dated June 21, 1994 of the Government on tasks, powers, and organizational structure of the Ministry of Fisheries; dated October 20, 2015 of dated June 21, 1994 by the Government on tasks, powers, and organizational structure of the Ministry. Pursuant to Decree No. 86/ dated December 8, 1995 of the Government assigning responsibilities for state management of product quality;

Pursuant to Decree No. 86/ dated October 20, 2015 of This Decision hereby promulgates the Regulation on Residue Control of Harmful Substances in Aquatic Animals and Aquaculture Products.

At the proposal of the Director of the Science and Technology Department,

 

DECISION:

Article 1The Heads of the Office, Department of Science and Technology, Bureau of Aquatic Resources Protection, Quality Inspection and Sanitation Center; Directors of Departments of Fisheries, Departments of Agriculture and Rural Development managing fisheries; Heads of related units shall be responsible for implementing this Decision.

Article 2. THIS DECISION SHALL TAKE EFFECT 15 DAYS AFTER THE DATE OF SIGNATURE.

Article 3. Head of the Office, Director of the Science and Technology Department, Director of the Fisheries Resource Protection Bureau, Director of the Quality Control and Sanitation Center for Aquatic Products; Directors of Departments of Fisheries, Agriculture and Rural Development that manage fisheries; Heads of units related to this Decision shall be responsible for its implementation./.

 

REGULATIONS

Residue control of harmful substances in animals and animal products from farmed aquatic animals

(issued together Aquaculture products residue control according to Decision No. 15/2002/QĐ-BTS dated May 17, 2002 of the Ministry of Fisheries. Ministry of Science and Technology (referred to as residues): is the remaining part of veterinary drugs, growth and reproduction stimulants, harmful substances originating from feed, from the farming environment, and their derivatives that persist in farmed aquatic animals and may harm consumer health.

 

Chapter I

GENERAL PROVISIONS

Article 1. Objectives and scope of application.

This Regulation stipulates the responsibilities and authorities of relevant units involved in the activity of residue control of harmful substances in aquatic animals and aquaculture products (hereinafter referred to as aquaculture products) used as food.

This Regulation applies to management agencies, inspection agencies; commercial aquaculture facilities, raw material procurement facilities for aquaculture products, processing facilities (hereinafter referred to as facilities).

Article 2Definitions.

In this Regulation, the following terms shall be understood as follows:

1. Residues of harmful substances (referred to as residues): are the remaining parts of veterinary drugs, growth and reproduction stimulants, harmful substances from feed, from the breeding environment, and their derivatives that remain in aquaculture animals and can cause harm to human health. (called briefly as residues): is the remaining part of veterinary drugs, growth and reproduction stimulants, harmful substances originating from feed, from the farming environment, and their derivatives that persist in farmed aquatic animals and may harm consumer health.

2. Equivalent commercial aquaculture area (referred to as aquaculture area): is an area that simultaneously meets the following requirements: a) Same species;

b) Same breeding method;

c) Same breeding environment.

c) The same farming environment.

3. Batch of raw materials for aquaculture products: is a collection of many individuals of the same species of aquaculture animals harvested at the same time in an equivalent commercial aquaculture area. raw materials for aquatic products: is a collection of many individuals of a farmed aquatic animal species harvested at the same time in a commercial aquaculture area equivalent to one region.

Article 3Bases for residue control at facilities.

1. Vietnamese regulations, industry standards on environment and food safety, or other relevant State regulations.

2. For aquaculture products exported to markets with different requirements and standards than those of Vietnam, residue testing and monitoring will be based on the standards or regulations of the importing country recognized and permitted by the Ministry of Fisheries, or according to agreements signed between Vietnam and importing countries. recognized and allowed to apply, or according to agreements signed between Vietnam and importing countries.

Article 4Task allocation.

1. The Department of Science and Technology is the agency responsible for state management functions regarding residue control in aquaculture products.

2. The Bureau of Aquatic Resources Protection is the agency responsible for state management functions directing and coordinating environmental monitoring and harvesting activities of local Aquatic Resources Protection Agencies.

3. Departments of Fisheries, 3. Departments of Agriculture and Rural Development managing fisheries are agencies responsible for state management functions at the local level regarding residue control in aquaculture products. agencies implementing state management functions at local levels regarding residue control in farmed aquatic animals.

4. The Quality Inspection and Sanitation Center is the agency organizing and directing the residue control program, directly implementing the residue control plan in aquaculture products and inspecting the implementation of the plan (hereinafter referred to as the inspection agency).

5. Fisheries Resource Protection Service in 5. Local Aquatic Resources Protection Agencies are agencies supervising the environment and harvesting in aquaculture areas (hereinafter referred to as supervision agencies).

6. Inspection Room 6. Accredited laboratories are laboratories within or outside the industry with sufficient capacity to perform residue analysis in aquaculture products designated by the inspection agency. RESPONSIBILITIES AND POWERS OF RELATED AGENCIES IN RESIDUE CONTROL ACTIVITIES

Chapter II

Responsibilities and powers of the Department of Science and Technology.

1. To organize, develop, and submit technical regulations, industry standards, and related documents to the Ministry of Fisheries for promulgation regarding state management of residue control in aquaculture products;

Article 52. To review the residue control plan in aquaculture products prepared by the inspection agency and submitted to the Ministry of Fisheries for approval;

1. Organizations and individuals violating the Student and Trainee Residing Outside Work Regulations will be subject to disciplinary measures, administrative penalties, or criminal prosecution depending on the nature and degree of violation. 3. To take the lead and coordinate with related state management agencies to implement inspections of compliance with the Regulation by participating parties; 4. To take the lead in inspection teams and resolve complaints regarding residue control activities in aquaculture products;

5. At the request of the Minister of Fisheries, to require Departments of Fisheries, Departments of Agriculture and Rural Development managing fisheries, and inspection agencies to provide urgent reports providing necessary information related to residue control activities. Responsibilities and powers of the Bureau of Aquatic Resources Protection.

1. To participate in inspection teams for residue control activities in aquaculture products; to participate in resolving complaints;

2. To direct supervision agencies to fully implement relevant provisions in the Regulation and to require supervision agencies to provide information related to residue control activities.

5. Acting on behalf of the Ministry Responsibilities and powers of Departments of Fisheries, Departments of Agriculture and Rural Development managing fisheries. 1. To direct the dissemination and guidance to enterprises, organizations, and individuals engaged in aquaculture to comply with regulations, standards, and production norms regarding residues in aquaculture products;

Article 6: 2. To direct supervision agencies to implement the Regulation for the facilities mentioned in Article 1;

3. To inspect and supervise compliance with the Regulation by participating units under their jurisdiction;

4. To report quarterly, annually, or provide urgent reports when requested by the Ministry of Fisheries on residue control activities in aquaculture products under their jurisdiction;

, Clause 1, Clause 2 Article 7a of this Regulation.5. To require supervision agencies to provide information related to residue control activities in aquaculture animals under their jurisdiction. of Fisheries, Departments of Agriculture and Rural Development that manage fisheries.

Responsibilities and powers of the inspection agency. of 1. To prepare an annual residue control plan for submission to the Ministry of Fisheries for approval; to organize and direct the implementation of the plan, periodically review its implementation, and notify any additional or adjusted contents to suit the actual situation.

2. Direct supervisory agencies to organize the implementation of the Regulation for the facilities mentioned in Article 1;

3. Inspect and supervise the compliance with the Regulation by participating units within their jurisdiction;

4. Report periodically every three months, annually, or report promptly when requested by the Ministry of Fisheries on the activities of residue control in farmed aquatic animals under their jurisdiction;

5. Require supervisory agencies to provide information related to residue control activities in farmed aquatic animals under their jurisdiction.

Article 8Responsibilities and powers of inspection agencies.

1. Annually, develop a residue control plan to submit to the Ministry of Fisheries for approval; organize the implementation, periodically review the execution of the plan, and notify additional or adjusted contents to suit the actual situation,

2. Receive and process applications for the examination of testing rooms and designate authorized testing rooms to analyze residue levels;

3. Develop and issue procedures for recognizing authorized testing rooms. Standardize analytical methods for residue levels at authorized testing rooms;

4. Conduct sampling of farmed aquatic products in localities without supervisory agencies;

5. Regularly receive and process monthly analysis results of residue levels in farmed aquatic products from authorized testing rooms; notify the analysis results to relevant agencies. When the analysis results show residue levels exceeding permissible limits, notify the restricted harvesting zones along with handling measures to the Department of Agriculture and Rural Development managing aquaculture, the Fisheries Resource Protection Agency, supervisory agencies, and seafood processing enterprises; if the residue level exceeds the permissible limit, notify the restricted harvesting area along with measures to handle it to Departments of Fisheries, 6. Coordinate with competent authorities at

localities to develop response plans when environmental incidents occur in farming areas; 7. Develop and issue forms for declarations of origin of farmed aquatic products, technical documents guiding blood sampling, preservation, and transportation of farmed aquatic samples, and other related technical documents;

8. Lead and coordinate the organization of training sessions to guide the Residue Control Regulations to ensure close and unified cooperation from central to local levels; coordinate with local state management agencies and supervisory agencies to organize training sessions to guide organizations and individuals engaged in farmed aquatic product production and trade to implement standards and regulations on residue control in farmed aquatic products; 9. Report quarterly, annually, or submit ad hoc reports upon request of the Ministry of Fisheries regarding the results of residue control activities in farmed aquatic animals and other related information;

10. Annually, prepare budget estimates for approval and allocation by the Ministry of Fisheries for units involved in residue control (as stipulated in Article 4);

11. Require supervisory agencies to regularly provide information monthly or ad hoc related to aquaculture conditions and residue control in their respective localities. Responsibilities and Authorities of Supervisory Agencies.

1. Based on the residue control plan approved by the Ministry of Fisheries, conduct sampling of farmed aquatic products in farming areas under their jurisdiction, and properly preserve and transport samples to authorized testing rooms as prescribed; 2. Monthly send notification of residue control results from inspection agencies to aquaculture facilities and raw material purchasing facilities. In cases of restricted harvesting zones, promptly and effectively implement harvesting bans;

3. Monitor harvesting activities in breeding ponds, prevent the transfer of farmed aquatic products from restricted harvesting zones into processing and market circulation;

Article 94. Notify aquaculture facilities of prohibited chemicals and drugs for use in aquaculture;

5. Distribute declaration forms of origin of farmed aquatic products to aquaculture facilities within their jurisdiction; guide aquaculture facilities and raw material purchasing facilities to comply with regulations in this Regulation; 6. Report regularly monthly, annually, or submit ad hoc reports upon request of inspection agencies, fisheries departments, or agriculture and rural development departments managing aquaculture in localities regarding residue control activities in farmed aquatic products and other related information;

2. 7. Coordinate with inspection agencies and other relevant agencies to develop response plans when environmental incidents occur in farming areas;

8. Require aquaculture facilities to report on disease situations, veterinary drugs, and chemicals used (if any), annual harvest volumes and types of farmed aquatic products, harvest times, and other information related to residue control activities in farmed aquatic animals.

Responsibilities of Authorized Testing Rooms.

1. Conduct residue level analyses according to the directives of inspection agencies; 2. Timely notify inspection agencies of analysis results; be responsible for the accuracy of the analysis results.

Responsibilities of Aquatic Product Farming Facilities. 1. Aquatic product farming facilities must ensure: a) Not using banned chemicals, veterinary drugs, and growth promoters as per the regulations of the Ministry of Health and the Ministry of Fisheries.

b) If permitted substances are used, they must be administered at the correct dosage and withdrawal period before harvesting as prescribed to ensure that residue levels do not exceed permissible limits.

c) Implement preventive measures against residue contamination in farmed aquatic products.

Article 102. Notify the supervisory agency about the species of farmed aquatic products, farming methods and area (or number of cages and volume of each cage), harvest time, veterinary drugs, and chemicals used if any, and other necessary information related to residue control activities in farmed aquatic animals.

3. Do not harvest farmed aquatic products from restricted harvesting zones.

4. Be subject to supervision by supervisory agencies; facilitate inspection agencies and supervisory agencies in performing tasks as prescribed in this Regulation. Provide samples for residue analysis according to the approved inspection agency's plan.

Article 115. Fully and accurately fill out declarations of origin of farmed aquatic products and hand them over to processing plants and raw material purchasing facilities when selling aquatic products.

6. Maintain records to trace the origin of raw material lots when residue levels exceed permissible limits or unauthorized substances are found in farmed aquatic products. Responsibilities of Raw Material Purchasing Facilities for Farmed Aquatic Products.

1. Do not purchase raw materials from restricted harvesting zones; 2. Provide declarations of origin of farmed aquatic products for each raw material lot to processing facilities and other raw material trading facilities when selling raw materials; 3. Be subject to supervision by local supervisory agencies, provide relevant information about raw material lots to supervisory agencies upon request; provide purchased aquatic samples for residue analysis as required by inspection agencies;

4. Maintain records to trace the origin of shipments when residue levels exceed permissible limits or unauthorized substances are found in farmed aquatic products.

c) Have preventive measures against the risk of residue contamination for farmed aquatic animals.

2. Notify the supervisory agency of the aquaculture farm about the species of farmed aquatic animals, the form and area of cultivation (or number of cages and volume of each cage) at harvest time, veterinary drugs, chemicals used if any, and other necessary information related to residue control activities in farmed aquatic animals.

3. Do not harvest farmed aquatic animals from restricted harvesting areas.

4. Accept supervision by supervisory agencies; create conditions for inspection agencies and supervisory agencies to perform tasks stipulated in this Regulation. Provide samples of farmed aquatic animals for residue analysis according to the approved plan by the inspection agency.

5. Fill out the Export Origin Declaration Form for farmed aquatic animals completely and accurately and hand it over to processing enterprises or purchasing establishments when selling farmed aquatic animals. 6. Have

records to trace the origin of batches of raw material for farmed aquatic animals when a sample is found to have a residue level exceeding the permissible limit or contains prohibited substances in farmed aquatic animals. : Responsibilities of raw material purchasing establishments for farmed aquatic animals.

Article 121. Do not purchase raw materials from restricted harvesting areas;

2. Provide the Export Origin Declaration Form for each batch of raw material for farmed aquatic animals to processing establishments and other raw material trading establishments when selling raw materials;

3. Accept supervision by local supervisory agencies, provide relevant information about the batch of raw materials to supervisory agencies upon request; provide purchased samples of aquatic products for residue analysis as required by inspection agencies; 4. Have records to trace the origin of consignments when a sample is found to have a residue level exceeding the permissible limit or contains prohibited substances in farmed aquatic animals.

3. Comply with the regulations of inspection agencies; if the product is produced from a batch of raw materials found to have a residue level exceeding the permissible limit, immediately recall that batch for handling.

PERMISSIBLE LIMITS Departments of Agriculture and Rural Development that manage fisheries, the Quality Control and Sanitation Center for Aquatic Products, and Fisheries Resource Protection Services shall guide the implementation of this Regulation according to their responsibilities and powers.

Article 13Responsibilities of Aquatic Product Processing Facilities

1. Only purchase farmed aquatic raw materials with clear origins from areas not prohibited from harvesting;

2. Retain all certificates of origin for each batch of farmed aquatic raw materials; 5. Comply with regulations of inspection authorities; if products produced from batches of raw materials found to have excess residue levels must immediately be recalled for handling.

3. Comply with the provisions of the inspection agency; if the product is produced from a batch of raw materials found to have residues exceeding the permissible limit, immediate recall of that batch must be carried out for handling.

Chapter III

CONTROL OF FARMED AQUATIC PRODUCTS WITH EXCESS RESIDUE LEVELS

PERMISSIBLE LIMIT

Article 14Excess residue levels in farmed aquatic products.

In farming areas, when samples of farmed aquatic products are found to exceed permitted residue levels, the inspection authority and supervisory body shall carry out the following tasks:

6. Maintain records to trace the origin of raw material lots when residue levels exceed permissible limits or unauthorized substances are found in farmed aquatic products. The inspection authority shall coordinate with the supervisory body to:

a) Determine the cause of the excess residue levels in farmed aquatic products;

b) Propose and implement appropriate measures to address the situation in these farming areas;

c) Guide and supervise organizations and individuals engaged in farmed aquatic product farming to implement the proposed measures.

2. The inspection authority shall announce areas prohibited from harvesting farmed aquatic products for food.

3. Traditional medicine clinics with foreign investment must have sufficient electricity, water, sanitation facilities, fire prevention and extinguishing equipment, ensuring environmental hygiene, and properly handling waste according to regulations. The supervisory body shall notify areas prohibited from harvesting farmed aquatic products for food to farming facilities and raw material purchasing facilities; simultaneously organizing and inspecting the cessation of harvesting and implementation of measures according to the requirements of the inspection authority.

Article 15Discovery of excess residue levels in batches of farmed aquatic raw materials or farmed aquatic products.

In cases where, after harvesting, batches of farmed aquatic raw materials or farmed aquatic products processed from such raw materials are found to have excess residue levels, or where farming areas are found to have excess residue levels in farmed aquatic products that were harvested prior to discovery, the inspection authority shall coordinate with the supervisory body to perform the following tasks:

1. Identify the farming, purchasing, and processing facilities of the batch of farmed aquatic raw materials;

2. Conduct sampling to re-determine the residue levels.

If the residue levels exceed the permitted limit, the inspection authority shall coordinate with the supervisory body to notify the owner of the batch of raw materials to take measures to handle the batch of farmed aquatic raw materials to ensure public health safety.

The supervisory body is responsible for monitoring and inspecting the implementation of the aforementioned measures by the batch owner.

Article 16Residue levels in farmed aquatic animals in prohibited harvesting areas below the permitted limit.

When enhanced testing results show that residue levels in farmed aquatic products in prohibited harvesting areas are below the permitted limit, the inspection authority shall issue a notification allowing harvesting again to relevant authorities, and the supervisory body shall issue a notification allowing harvesting again to farming facilities and raw material purchasing facilities.

Chapter IV

COMPLAINTS AND REPORTING, HANDLING VIOLATIONS

Article 17Any organization or individual has the right to file complaints and report violations of this Regulation in accordance with the provisions of the law.

Article 18Any organization or individual who violates this Regulation shall be subject to disciplinary action, administrative penalties, or criminal liability追究刑事责任，根据法律规定。

Chapter V

IMPLEMENTING PROVISIONS

Article 19. The Science and Technology Department, the Resource Protection Bureau, the Departments of Agriculture and Rural Development under the management of fisheries, the Quality Control and Sanitation Testing Center for Aquatic Products, and the Fishery Resource Protection Sub-bureaus shall guide the implementation of this Regulation within their respective responsibilities and powers. of Fisheries, The Ministry of Agriculture and Rural Development, which oversees aquaculture, the Aquatic Quality Control and Sanitation Center, and the Fisheries Conservation Sub-Departments shall guide the implementation of this Regulation within their respective responsibilities and authorities.

Article 20. All previous provisions contrary to this Regulation are hereby abolished. Any amendments or supplements to the content of this Regulation shall be decided by the Minister of Fisheries. /