Circular No. 51/2014/TT-BNNPTNT stipulates food safety assurance conditions and management methods for small-scale initial production establishments.

CIRCULAR

(vi) Agreement on the amount of reserve left behind and the deadline for selling the purchased cash foreign currency to the authorized credit institution. conditions for ensuring food safety

and management methods for small-scale primary production establishments

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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 2010;

Pursuant to Decree No. 38/2012/NĐ-CP dated April 25, 2012 of the Government detailing some provisions of the Food Safety Law;

At the proposal of the Director of the Directorate of Quality Assurance for Agriculture, Forestry and Fisheries Products,

the method for managing food safety assurance conditions conditions for ensuring food safety and management methods for small-scale primary production establishments under the jurisdiction of the Ministry of Agriculture and Rural Development.

PART I

GENERAL PROVISIONS

Clause 4 of Article 6 Scope of application

This Circular stipulates the conditions for ensuring food safety and management methods for small-scale primary production establishments under the jurisdiction of the Ministry of Agriculture and Rural Development.

Article 2.  Applicability

1. Small-scale primary production establishments.

2. Agencies, organizations, and individuals related to small-scale primary production.

Article 3. Explanation of Terms

In this Circular, certain terms are understood as follows:

1. Primary production establishment: a place where one, several, or all activities of crop cultivation, animal husbandry, harvesting, fishing, aquaculture, salt production are carried out.

2. Small-scale primary production establishment: a primary production establishment supplying products to the market without a business registration certificate, enterprise registration certificate, or investment certificate, except for the following cases:

a) The establishment has been granted a certificate for a model farm.

b) The establishment has been granted a certificate for good agricultural practices (VietGAP).

c) Fishing vessels with total main engine power of 90HP or more.

3. Agricultural inputs: including plant seeds, animal breeds, fertilizers, livestock feed, aquaculture feed, plant protection chemicals, veterinary drugs, chemicals, biological preparations, treatment and environmental improvement materials in agriculture and aquaculture.

Chapter II

CONDITIONS FOR ENSURING FOOD SAFETY

FOR ESTABLISHMENTS SMALL-SCALE PRIMARY PRODUCTION

Article 4. Conditions for Ensuring Food Safety for Small-Scale Crop Cultivation Establishments

1. The production site must not be located in areas under pollution warning or not meeting safe food production requirements.

2. Irrigation water must not affect product safety. Polluted water or wastewater must not be used to wash or process products.

3. Plant protection chemicals must be used according to the four correct principles: correct chemical, correct dosage and concentration, correct timing, and correct method; adhere to the pre-harvest interval as directed by the manufacturer; read the label carefully before use.

4. Fertilizers must have clear origin, be applied at the correct dosage and method as indicated on the packaging, user guide, or technical guidance from crop cultivation staff or agricultural extension workers; Organic fertilizers must be fully composted.

5. Appropriate equipment, tools, packaging materials, storage containers, transportation means must be available for production, harvesting, storage, and transportation, ensuring they do not cause harm or contamination to food.

6. Producers must be informed and guided on safe food production practices.

7. Empty pesticide and fertilizer packaging must be collected in sealed containers in designated areas for disposal or destruction to prevent contamination of products and production areas.

8. Maintain food safety conditions and provide relevant information about product sales.

Article 5. Conditions for Ensuring Food Safety for Small-Scale Livestock Raising Establishments

1. Livestock housing must be separate from residential areas, easy to clean and disinfect; there must be places to store solid waste, pits to treat liquid waste, ensuring veterinary hygiene and environmental sanitation.

2. Animal breeds must have clear origins, be healthy, and vaccinated against diseases as directed by livestock and veterinary staff.

3. Feed and drinking water used in livestock raising must ensure no harm to animals and consumers of animal products.

4. Veterinary drugs, chemicals, and biological preparations used in livestock raising must follow usage instructions on packaging, user guides, or guidance from livestock and veterinary staff, agricultural extension workers.

5. Livestock raisers must be informed and guided on safe food production practices.

6. Maintain food safety conditions and provide relevant information about product sales.

Article 6. Conditions for ensuring food safety for small-scale aquaculture facilities

1. Ensuring conditions regarding location and water sources for safe aquaculture.

2. Using healthy aquatic species with clear origins.

3. Feed used for aquaculture must ensure it does not harm the farmed aquatic animals or consumers of the products. Animal and human waste should not be used to feed aquatic animals.

4. Veterinary drugs, chemicals, biological preparations, and environmental treatment substances used in aquaculture must follow the usage instructions on the packaging, user manuals, or guidance from technical staff in aquaculture or agricultural extension workers.

5. Pond water must be treated before being discharged into the surrounding environment if the aquatic animals are diseased during farming. Sediment from the pond must be collected and treated so as not to affect the surrounding environment.

6. Farmed aquatic animals when harvested must be stored and transported using appropriate equipment and tools to ensure they do not cause toxicity or contamination to the food.

7. Aquaculture operators shall be informed and guided on safe food production practices.

8. Maintain food safety conditions and provide relevant information about product sales.

Article 7. Conditions for ensuring food safety for small-scale salt production and extraction facilities

1. The location for salt production and extraction must be within the local planning area and have a transportation system for salt.

2. There must be a canal system to ensure the supply of saline water for production, drainage of rainwater, and prevention of salinization of the surrounding environment.

3. Sea water and saline water used for salt production must not be contaminated, ensuring food safety.

4. The sea water supply system for salt pans must not be shared with the sewage discharge system or wastewater from other structures.

5. There must be appropriate equipment, tools, and means for producing, harvesting, transporting, and storing salt to prevent contamination.

6. Salt producers and extractors shall be informed and guided on safe food production practices.

7. Maintaining food safety conditions and providing relevant information related to product sales.

Article 8. Conditions for ensuring food safety for small-scale facilities engaged in harvesting, fishing, and extracting agriculture, forestry, and aquaculture products

1. Appropriate equipment, tools, packaging materials, containers, and means for harvesting, fishing, extracting, storing, and transporting products must be provided to ensure they do not cause toxicity or contamination to the food.

2. Harvested, fished, and extracted products must be stored appropriately according to their nature: fresh, live, processed, frozen, or dried products. If additives or chemicals are used in storage or processing, they must comply with the instructions for food use, have clear labeling, and origin (as stipulated in Circular No. 27/2012/TT-BYT dated November 30, 2012 issued by the Minister of Health guiding the management of food additives).

3. Operators involved in harvesting, fishing, extracting, storing, and transporting products shall be informed and guided on safe food production practices.

4. Maintaining food safety conditions and providing relevant information related to product sales.

Chapter III

METHODS FOR MANAGING FOOD SAFETY GUARANTEES

FOR INITIAL SMALL-SCALE PRODUCTION UNITS

Article 9. Management Method

The management method for ensuring food safety conditions for small and scattered initial production establishments shall be implemented through organizing commitment signing, inspection, and handling establishments that breach commitments.

Article 10. Commitment Signing Organization

1. The assigned management agency shall disseminate and guide safe food production practices and organize small and scattered initial production establishments to sign a safe food production commitment.

1. Inspection of compliance with committed contents of the production and business establishments specified in Clause 1 Article 2 of this Circular: The agency assigned to manage shall conduct inspections according to annual inspection plans approved by People's Committees at all levels. Inspection records shall follow Model II attached to this Circular.

2. Spot checks: The agency assigned to manage shall conduct spot checks when there are food safety incidents or upon directives from higher-level agencies.

Article 11. ImplementationCheck

1. Inspection of the implementation of committed contents by small and scattered initial production establishments: The assigned management agency shall carry out according to the annual inspection plan approved by the People's Committees at all levels. The inspection record follows the model attached as Appendix II to this Circular.

2. For establishments violating commitments for the second time: The agency assigned to manage shall publicly announce that the establishment has failed to comply with its commitment to produce and sell safe food.

Article 12. Handling Violating Establishments

1. For establishments violating the commitment for the first time: The assigned management agency shall remind the establishment to comply with the commitment.

2. For establishments breaching commitments for the second time: The assigned management agency shall publicly announce that the establishment has not properly fulfilled the safe food production commitment.

3. For establishments breaching commitments causing serious consequences or breaching commitments from the third time onwards: Depending on the level of violation, the assigned management agency shall recommend the competent authority to handle violations in accordance with current laws.

Chapter IV

IMPLEMENTATION

Article 13. Implementation Organization

1. Provincial People's Committee:

a) Assigning and delegating management agencies for small and scattered initial production establishments within their jurisdiction.

b) Directing the Department of Finance and relevant departments to advise and allocate resources and funds to implement management work for small and scattered initial production establishments in the locality.

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

a) Advise the provincial People's Committee to stipulate the management agencies for small and scattered initial production establishments within their management jurisdiction.

b) Direct and guide the organization and implementation of this Circular in the province; provide training and guidance to the assigned management agencies to perform their tasks.

c) Report the results of implementing this Circular to the Ministry of Agriculture and Rural Development (through the Quality Management Agency for Forestry Products and Aquatic Products) according to the current reporting system.

3. Agencies assigned to manage small and scattered initial production establishments:

a) Disseminate and guide safe food production practices and organize small and scattered initial production establishments within their management jurisdiction to sign a safe food production commitment.

b) Develop an inspection plan for the implementation of committed contents by small and scattered initial production establishments, submit it for approval by the People's Committees at all levels, and allocate funds for its implementation.

c) Inspect the implementation of committed contents by small and scattered initial production establishments according to the approved plan.

d) Publicly announce on local mass media the list of small and scattered initial production establishments that have not complied with the safe food production commitment.

e) Systematically archive all related files concerning the inspection of the implementation of committed contents by small and scattered initial production establishments.

f) Report the results of implementing this Circular to the Department of Agriculture and Rural Development (through the Quality Management Agency for Forestry Products and Aquatic Products) according to the current reporting system.

4. The Quality Management Agency for Forestry Products and Aquatic Products shall be responsible for guiding the implementation of this Circular nationwide.

5. Small and scattered initial production establishments shall be responsible for fully complying with the committed contents of safe food production, providing relevant information when there are signs of violations causing food safety issues, and accepting inspections by state management agencies.

Chapter V

IMPLEMENTING PROVISIONS

Article 14. Effective Date

This Circular takes effect from February 10, 2015.

Article 15. Amendment and supplementation

During the process of implementation, if there are difficulties or obstacles, units shall report to the Ministry of Agriculture and Rural Development (through the Directorate of Quality Assurance for Agricultural Products, Forestry Products and Fisheries) for examination, amendment, and supplementation./.