Circular No. 39/2018/TT-BNNPTNT guides the inspection of quality and food safety for imported salt under the management responsibility of the Ministry of Agriculture and Rural Development.

CIRCULAR

Guidelines for inspecting the quality and food safety of imported salt under the management responsibility of the Ministry of Agriculture and Rural Development

Pursuant to Decree No. 15/2017/NĐ-CP dated February 17, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development; 

BASED ON THE LAW ON PRODUCT QUALITY 2007;

Pursuant to the Food Safety Law 2010;

On the basis of Decree No. 132/2008/ND-CP dated December 31, 2008 of the Government detailing the implementation of certain provisions of the Product Quality Law; Decree No. 74/2018/ND-CP dated May 15, 2018 of the Government amending and supplementing certain provisions of Decree No. 132/2008/ND-CP dated December 31, 2008 of the Government detailing the implementation of certain provisions of the Product Quality Law; Decree No. 154/2018/ND-CP dated November 9, 2018 of the Government amending, supplementing, and abolishing certain regulations on investment and business conditions within the scope of state management of the Ministry of Science and Technology and certain specialized inspection regulationshsector;

On the basis of Decree No. 15/2018/ND-CP dated February 2, 2018 of the Government detailing a number of provisions of the Law on Food Safety; Decree No. 155/2018/ND-CP dated November 12, 2018 of the Government amending and supplementing certain regulations related to investment and business conditions within the scope of state management of the Ministry of Health;

On the basis of Decree No. 09/2016/ND-CP dated January 28, 2016 of the Government stipulating the fortification of micronutrients in food;

Pursuant to Decree No. 40/2017/NĐ-CP dated April 5, 2017 of the Government on managing the production and business of salt;

At the request of the Director of the Department of Cooperative Economy and Rural Development,

The Minister of Agriculture and Rural Development issues this Circular guiding the inspection of the quality and food safety of imported salt under the management responsibility of the Ministry of Agriculture and Rural Development.

Article 1. Scope of Regulation and Applicability

Article 1. This Circular specifies the contents and procedures for inspecting the quality and food safety of imported salt under the state management responsibility of the Ministry of Agriculture and Rural Development.

Article 2. This Circular applies to organizations and individuals both inside and outside Vietnam importing salt (hereinafter referred to collectively as importers); and organizations and individuals involved in the inspection of the quality and food safety of imported salt.

Article 2. Objects to be inspected

1. Inspection of quality for imported industrial salt.

2. Inspection of food safety for imported food salt and refined salt.

3. Cases exempted from inspection for quality and state inspection for food safety of imported salt:

a) Cases exempted from inspection for quality as provided for in Point 7 Clause 3 Article 1 of Decree No. 74/2018/ND-CP dated May 15, 2018 of the Government amending and supplementing certain provisions of Decree No. 132/2008/ND-CP dated December 31, 2008 of the Government detailing the implementation of certain provisions of the Product Quality Law (Decree No. 74/2018/ND-CP) and Clause 2 Article 4 of Decree No. 154/2018/ND-CP dated November 9, 2018 of the Government amending, supplementing, and abolishing certain regulations on investment and business conditions within the scope of state management of the Ministry of Science and Technology and certain specialized inspection regulations (Decree No. 154/2018/ND-CP).

b) Cases exempted from state inspection for food safety of imported products as provided for in Article 13 of Decree No. 15/2018/ND-CP dated February 2, 2018 of the Government detailing the implementation of certain provisions of the Food Safety Law (Decree No. 15/2018/ND-CP).

Article 3. Explanation of Terms

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

1. Salt (including table salt and salt that has been altered): is a compound with the main component being Sodium Chloride (chemical formula: NaCl), produced from seawater, underground brine, or extracted from salt mines.

2. Food salt (table salt): is salt fortified with iodine for direct consumption and use in food preparation, with levels of substances according to the national technical regulation QCVN 9-1:2011/BYT.

3. Refined salt: is salt that has been processed, with levels of substances according to the national standard TCVN 9639:2013 and the national technical regulation QCVN 8-2:2011/BYT.

4. Industrial salt: is salt with levels of substances according to the national standard TCVN 9640:2013 or the national technical regulation on industrial salt.

5. Lot of imported salt: is a collection of a type of salt determined by quantity, having the same name, purpose, brand, model, technical characteristics, produced by the same manufacturing facility and belonging to the same import dossier.

Article 4. Inspection Authority

The authority for inspecting the quality of imported salt and the state authority for food safety inspection of imported salt is the Sub-department under the Department of Agriculture and Rural Development of provinces and centrally governed cities.

Article 5. Basis for Inspection

1. Inspection of the quality of imported salt: The results of certification and appraisal by organizations that have registered or been recognized according to the provisions of the law for the batch of imported salt by the importer, which comply with the national standard TCVN 9640-2013 industrial salt (sodium chloride) or the national technical regulation on industrial salt (sodium chloride) as stipulated in paragraph b point 2 Clause 3 Article 1 Decree No. 74/2018/NĐ-CP.

2. Inspection of food safety of imported salt: The self-declaration of products in accordance with Article 4 and Article 5 of Decree No. 15/2018/NĐ-CP and Clause 1 Article 3 of Decree No. 155/2018/NĐ-CP dated November 12, 2018 of the Government amending and supplementing point a Clause 2 Article 5 of Decree No. 15/2018/NĐ-CP:

a) For the import of edible salt (table salt): The self-declaration of products complying with the national technical regulation QCVN 9-1: 2011/BYT of the Ministry of Health for iodized salt.

b) For the import of refined salt: The self-declaration of products complying with the national standard TCVN 9639-2013 refined salt (sodium chloride) and the national technical regulation QCVN 8-2:2011/BYT for heavy metal limits in food.

Article 6. Inspection of the Quality of Imported Salt

1. The importer shall register for the inspection of the quality of imported salt with the inspection authority at the local warehouse or storage area where the batch of imported salt is kept.

2. The registration dossier for inspection; the procedure and formalities for inspection; handling of the inspection results of batches of imported salt not meeting quality requirements; application of measures exempting from inspection of imported salt quality; responsibilities and authorities of the inspection authority; rights and obligations of the importer shall be implemented in accordance with point 2b Clause 3 Article 1 Decree No. 74/2018/NĐ-CP; Article 13 of Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing certain provisions of the Law on Product and Goods Quality (Decree No. 132/2008/NĐ-CP); Clause 5 Article 1 Decree No. 74/2018/NĐ-CP; Clause 3 Article 4 Decree No. 154/2018/NĐ-CP; Article 13 of Decree No. 132/2008/NĐ-CP; Article 12 of Decree No. 132/2008/NĐ-CP and Clause 4 Article 1 Decree No. 74/2018/NĐ-CP; Article 13a of Decree No. 132/2008/NĐ-CP supplemented in Clause 6 Article 1 Decree No. 74/2018/NĐ-CP.

Article 7. Inspection of Food Safety of Imported Salt

1. The importer shall register for the inspection of food safety of imported salt with the inspection authority at the local customs port where the batch of imported salt is imported. In cases where strict inspection methods are applied, the inspection authority shall coordinate with the importer to determine the sampling time. The importer shall notify the customs authority at the port of entry about the time and location for witnessing the sampling.

2. The registration dossier for inspection; the procedure and formalities for inspection; handling of the inspection results of batches of imported salt not meeting quality requirements; application of inspection methods; responsibilities and authorities of the inspection authority; rights and obligations of the importer shall be implemented in accordance with Articles 18, 19, 20, 17, 15, and 21 of Decree No. 15/2018/NĐ-CP.

3. Sampling and sample retention shall be carried out in accordance with point a Clause 3 Article 1 Circular No. 12/2017/TT-BKHCN dated September 28, 2017 amending and supplementing some articles of Circular No. 26/2012/TT-BKHCN dated December 12, 2012 of the Minister of Science and Technology on state inspection of product quality circulating in the market. Salt samples shall be stored in sealed plastic boxes or bottles with seals from the inspection authority. The inspection authority shall take samples, prepare a record of sampling of imported salt with the presence of representatives of the importer and the customs authority at the port of entry.

Article 8. Organizations for conformity assessment and food safety testing of imported salt

1. The organization for conformity assessment of the quality of imported salt is an organization for conformity assessment that has registered its operation in accordance with the provisions of Government Decree No. 107/2016/NĐ-CP dated July 1, 2016 on conditions for business in conformity assessment.

2. Food safety testing of imported salt is a laboratory recognized by the Ministry of Science and Technology (Quality Recognition Office) as a VILAS laboratory in the field of chemistry with testing objects being sodium chloride salt and food safety criteria, or a laboratory designated by the Ministry of Agriculture and Rural Development in accordance with Circular Joint Circular No. 20/2013/TTLT-BYT-BCT-BNNPTNT dated August 1, 2013 of the Ministry of Health, Ministry of Industry and Trade, and Ministry of Agriculture and Rural Development on conditions and procedures for designating food testing facilities to serve state management.

3. The list of organizations for conformity assessment and food safety laboratories specified in Clause 1 and Clause 2 of this Article shall be updated and published on the electronic portal of the Ministry of Science and Technology (www.boa.gov.vn) or the Ministry of Agriculture and Rural Development (www.mard.gov.vn).

Article 9. Implementation Organization

1. Cooperative Economy and Rural Development Bureau:

a) Direct the inspection of quality and food safety of imported salt; guide and inspect the work of quality and food safety inspection of imported salt by local inspection agencies in accordance with this Circular; update and publish on the electronic portal of the Ministry of Agriculture and Rural Development the list of inspection agencies specified in Article 4 of this Circular, and the list of organizations for conformity assessment and food safety laboratories designated by the Ministry of Agriculture and Rural Development.

b) Compile and report to the Ministry of Agriculture and Rural Development the results of inspections of quality and food safety of imported salt.

2. Departments of Agriculture and Rural Development of provinces and centrally governed cities:

a) Direct and assign tasks to the Sub-department under the Department to carry out inspections of imported salt products of importers within their jurisdiction in accordance with this Circular; report to the Department of Cooperative Economy and Rural Development to establish a list of inspection agencies;

b) Handle cases of imported salt not meeting quality and food safety requirements (if any) according to the provisions of the law within their authority;

c) Advise the People's Committee of provinces and centrally governed cities to handle imported salt not meeting quality and food safety requirements (if any) when such cases exceed their authority.

Article 10. Transitional Provisions

Quality criteria according to National Standard TCVN 9640-2013 for industrial salt (sodium chloride) shall apply until the national technical regulation for industrial salt (sodium chloride) becomes effective.

Article 11. Effective Date

1. This Circular takes effect from February 9, 2019 and replaces Circular No. 27/2017/TT-BNNPTNT dated December 25, 2017 of the Minister of Agriculture and Rural Development guiding the inspection of quality and food safety of imported salt.

2. In case national standards, national technical regulations, and legal normative documents cited in this Circular are amended, supplemented, or replaced, they shall be implemented in accordance with the new provisions of the amended, supplemented, or replaced national standards, national technical regulations, and legal normative documents.

3. During implementation, if there are difficulties, agencies, organizations, and individuals are requested to promptly reflect them to the Ministry of Agriculture and Rural Development for consideration and appropriate amendments and supplements./.