Directive No. 3246/CT-BNN-PC on Strengthening Management, Inspection, and Handling Violations in the Production and Business of Livestock Feed, Fertilizers, Veterinary Drugs, and Plant Protection Products

DIRECTIVE
Regarding Strengthening Management, Inspection, and Handling of Violations in the Production and Business of Livestock Feed, Fertilizers, Veterinary Drugs, and Plant Protection Products
feed for livestock, fertilizer, veterinary medicine, and plant protection products

___________________________

In recent times, the work of managing the quality of livestock feed (including aquaculture feed), fertilizers, veterinary drugs (including aquatic veterinary drugs), and plant protection products has been given attention by all levels, sectors, and localities, resulting in significant changes. However, the quality of some livestock feed, fertilizer, veterinary drug, and plant protection product items remains low. Recently, taking advantage of the high prices of agricultural materials, the management of agricultural material quality has many shortcomings, leading some organizations, individuals, and businesses to release large quantities of substandard livestock feed, fertilizers, veterinary drugs, and plant protection products onto the market, causing losses for farmers and public dissatisfaction. A few farmers, driven by profit, have intentionally used growth stimulants and prohibited substances in production (crops, livestock, aquaculture), affecting food safety, the environment, and public health.

One of the reasons for this situation is that the organization, direction, management, inspection, and handling of violations in the production and business of livestock feed, fertilizers, veterinary drugs, and plant protection products in some localities have not been adequately prioritized, and the forms and severity of penalties for violators have not been strict enough.

To effectively manage the quality of livestock feed, fertilizers, veterinary drugs, and plant protection products, protect the rights and interests of farmers and consumers, and strictly handle organizations, individuals, and businesses that violate regulations, the Ministry of Agriculture and Rural Development requests localities, units under the Ministry, and agricultural enterprises to promptly implement the following contents:

1. People's Committees of provinces and centrally-administered cities shall focus on directing relevant departments and authorize People's Committees at the district level to organize the implementation of the following tasks:

- Provincial Departments and Agencies: The Department of Agriculture and Rural Development, within its assigned functions and responsibilities, shall take the lead and coordinate with related departments and agencies to proactively develop plans for inspecting and auditing the quality of products and goods in the production and business of livestock feed, fertilizers, veterinary drugs, and plant protection products, and prepare budgets for approval by the provincial People's Committee; clearly assign the responsibilities of state management at the provincial and district levels.

Regularly cooperate or participate with functional departments and People's Committees at the district level to inspect the implementation of laws regarding product and commodity quality; the quality of livestock feed, fertilizers, veterinary drugs, and plant protection products in their jurisdiction to promptly identify and handle violations; recommend cases requiring criminal prosecution to competent authorities.

- District-level People's Committees: Organize inspection and audit teams to check the implementation of laws regarding product and commodity quality; organizations, individuals, and businesses producing and trading in livestock feed, fertilizers, veterinary drugs, and plant protection products, especially small-scale and artisanal producers in their jurisdiction. If beyond their authority to resolve, report to higher-level authorities for consideration and decision.

During inspections and audits, if violations such as producing, trading, or using banned, restricted, substandard, counterfeit, or imitated livestock feed, fertilizers, veterinary drugs, and plant protection products are discovered, they must be handled resolutely and thoroughly according to current laws, including suspending business operations, revoking licenses and certificates, and imposing administrative fines.

For organizations, individuals, and businesses producing and trading in large quantities of counterfeit livestock feed, fertilizers, veterinary drugs, and plant protection products, or causing serious consequences, they should be referred to investigative agencies for criminal prosecution and prosecution before the courts according to Articles 153, 154, 155, 156, 157, 158, and 159 of the Penal Code.

- Allocate sufficient funds from the budget to carry out inspection, sampling, analysis, testing, and certification of the quality of livestock feed, fertilizers, veterinary drugs, and plant protection products. If insufficient funds are available, submit a letter to the Ministry of Agriculture and Rural Development for consolidation and reporting to the Prime Minister.

- Strengthen publicity and dissemination of relevant laws, particularly those concerning the responsibilities of organizations, individuals, and businesses, and administrative and criminal penalties for violations in the production, trade, and use of livestock feed, fertilizers, veterinary drugs, and plant protection products, to enhance awareness and compliance with the law and effectively combat counterfeit and substandard goods among the people and businesses.

During inspections and audits, if banned, counterfeit, imitation, or substandard goods are found, they must be sealed entirely, the manufacturer or trader must recall the sold goods, and the identity of the enterprise and the violating products must be announced through mass media so that the public is aware and avoids purchasing them according to the law.

2. The Livestock Breeding Bureau, Crop Production Bureau, Animal Health Bureau, Plant Protection Bureau, Aquaculture Bureau, and the Ministry Inspectorate, within their assigned functions and responsibilities:

- Launch a comprehensive inspection and violation handling campaign from now until December 31, 2008, focusing on seeds, fertilizers, livestock feed, veterinary drugs, and plant protection products to ensure adequate supply of quality agricultural materials for farmers to achieve success in the 2008-2009 winter-spring crop season and subsequent seasons. During inspections, pay special attention to identifying and strictly handling violations related to prohibited and restricted-use drugs and chemicals.

- Take the lead and coordinate with the Departments of Agriculture and Rural Development of provinces and centrally governed cities to direct and guide local units during the implementation of inspection and supervision activities; proactively organize specialized and inter-departmental inspections in key areas to promptly detect and strictly handle cases of producing, trading, and intentionally using livestock feed, fertilizers, veterinary drugs, plant protection products that are prohibited, restricted, substandard, or counterfeit.

- Review, amend, and supplement technical standards and regulations related to product quality; normative legal documents on management, inspection, and handling of violations concerning product quality in the production, trading, and use of livestock feed, fertilizers, veterinary drugs, and plant protection products. For the Livestock Production Department, urgently study and propose amendments and supplements to Decree No. 15/1996/NĐ-CP dated March 19, 1996, of the Government on the management of livestock feed and other related guiding documents, for submission to competent authorities for issuance.

- Compile legal provisions regarding forms of violations, administrative and criminal sanctions, responsibilities of levels, sectors, localities, and enterprises in management, inspection, and handling of violations; guide localities on the application of these provisions during inspection and violation handling processes; regularly update databases of relevant normative documents concerning administrative and criminal offenses in the fields of livestock feed, fertilizers, veterinary drugs, and plant protection products, and disseminate them on the website of the Department to facilitate easy access and retrieval by localities and enterprises; resolve difficulties and obstacles encountered by localities during the implementation of this Directive.

- Promptly designate, recognize, and organize certification in accordance with standards and regulations for livestock feed, fertilizer, veterinary drug, and plant protection product testing units as required.

3. Research Institutes under the Ministry, testing and certification laboratories recognized or designated must allocate sufficient staff and prepare analytical equipment for quality testing, examination, and appraisal according to the requirements of inspection teams, localities, and enterprises to ensure prompt, accurate, impartial, and cost-effective performance.

4. Enterprises engaged in production and trade

Shall proactively publish self-imposed standards for product quality, declare conformity to standards and regulations in accordance with the Law on Product Quality, the Law on Standards and Technical Regulations.

5. During inspections, inspection teams must comply with current state regulations on supervision, inspection, and handling of violations in the inspected fields; not obstruct the production and business operations of the inspected entities.

At the end of each inspection period and quarterly, the Departments of Agriculture and Rural Development and units under the Ministry, based on their assigned tasks, shall evaluate the inspection results and the implementation of this Directive, and report to the Ministry of Agriculture and Rural Development (through the Directorate of Quality Assurance for Forestry, Agricultural, and Aquatic Products)./