Circular No. 54/2010/TT-BNNPTNT stipulates the inspection and supervision of substances belonging to the Beta-agonist group in animal husbandry.

CIRCULAR

Regulations on inspecting and supervising substances belonging to the Beta-agonist group in animal husbandry

Regarding the inspection and supervision of substances belonging to the Beta-agonist group in animal husbandry

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Pursuant to Decree No. 01/2008/ND-CP dated January 3, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Decree No. 75/2009/NĐ-CP dated September 10, 2009 of the Government amending Article 3 of Decree No. 01/2008/NĐ-CP dated January 3, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Decree No. 08/2010/NĐ-CP dated February 5, 2010 of the Government on feed management for animal husbandry;

Pursuant to the Veterinary Law No. 18/2004/PL-UBTVQH11 dated April 29, 2004 of the Standing Committee of the National Assembly;

The Ministry of Agriculture and Rural Development hereby stipulates regulations on inspecting and supervising substances belonging to the Beta-agonist group in animal husbandry for livestock and poultry as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the inspection and supervision of substances Ractopamine, Clenbuterol, and Salbutamol belonging to the Beta-agonist group in animal husbandry for livestock and poultry.

Article 2. Applicability

This Circular applies to organizations and individuals related to activities of producing and trading animal feed and veterinary drugs; livestock and poultry breeding facilities and livestock and poultry slaughtering facilities.

Chapter II

INSPECTION AND SUPERVISION ACTIVITIES

Article 3. Inspection Methods

Inspection shall be conducted by assessing the presence of substances Ractopamine, Clenbuterol, and Salbutamol belonging to the Beta-Agonist group in animal feed, veterinary drugs, urine, and drinking water of livestock and poultry using qualitative and quantitative analytical methods.

Article 4. Sampling Procedures and Sample Management

1. Samples of animal feed shall be taken at production and trading facilities for animal feed and livestock and poultry breeding facilities. The sampling procedures shall be carried out in accordance with the provisions of the Vietnamese Standard (TCVN 4325:2007).

For each sample of animal feed to be inspected, one sample shall be divided into three parts, each part sealed and contained in appropriate sample containers, fully recording relevant information as prescribed (sample name, sampling time, sample address, sampler, sample condition), including one part sent for testing, one part retained at the sampling facility, and one part used for comparison purposes, this part stored at the sampling authority.

2. Samples of veterinary drugs shall be taken at production and trading facilities for veterinary drugs and livestock and poultry breeding facilities. The sampling method shall be implemented according to the Vietnamese Technical Regulation (QCVN 01-03:2009). The number of samples, weight of samples, and sealing of samples shall be similar to those of feed samples.

For each sample of veterinary drugs to be inspected, it shall be divided into three equal parts, each part sealed and contained in appropriate sample containers, fully recording relevant information as prescribed (sample name, sampling time, sample address, sampler, sample condition), including one part sent for testing, one part retained at the sampling facility, and one part used for comparison purposes, this part stored at the sampling authority.

3. Drinking water samples shall be taken from different sources of drinking water within livestock and poultry breeding facilities (water tanks, direct drinking taps, watering troughs).

Each drinking water sample to be inspected shall be divided into three equal parts, each part sealed and contained in appropriate sample containers, fully recording relevant information as prescribed (sample name, sampling time, sample address, sampler, sample condition), including one part sent for testing, one part retained at the sampling facility, and one part used for comparison purposes, this part stored at the sampling authority.

4. Urine samples shall be directly collected from livestock raised at breeding facilities and slaughtering facilities.

The number of urine samples to be collected depends on the scale of the breeding facility and the scale of the slaughtering facility for livestock. Specific quantities of samples are defined according to the scale of the breeding facility for each group of livestock as follows:

Scale from 1 to 10 animals: Collect at least 2 samples from 2 animals.

Scale from 11 to 50 animals: Collect at least 3 samples from 3 animals

Scale from 51 to 100 animals: Collect at least 4 samples from 4 animals

Scale of 100 animals or more: Collect at least 5 samples from 5 animals

Urine collection can be done by directly collecting urine from the flow when the livestock is urinating, or by using plastic bags attached to the urinary organs of male livestock or using catheters for female livestock.

Each urine sample collected for inspection shall be divided into three equal parts, each part sealed and contained in appropriate sample containers, fully recording relevant information as prescribed (similar to feed samples), including one part sent for testing, one part retained at the sampling facility, and one part used for comparison purposes, this part stored at the sampling authority. Urine samples must always be kept cold.

After sampling, the samples must be sealed, signed by a representative of the sampling authority and the sampler, and a representative of the sampled facility. In cases where the representative of the sampled facility does not sign, the seal signed by the sampler still has legal validity.

6. A record of sampling, sample storage, and sending to the Testing Laboratory designated by the Ministry of Agriculture and Rural Development shall be established.

Article 5. Inspection Procedures

1. At feed production and trading establishments and veterinary drug establishments

The inspection of feed samples and veterinary drugs shall be carried out in accordance with the following steps:

Step 1: Conduct qualitative testing for beta-agonist substances using general methods or specific methods for each substance. If all results are negative, the inspection process stops. If any result is positive, the sample will proceed to Step 2.

Step 2: Initially quantify Clenbuterol, Salbutamol, and Ractopamine using the KIT ELISA method. If the sample tests negative, it is confirmed that the sample does not contain these substances and the inspection process stops. In case the sample tests positive for any of the three substances, further analysis of these substances will be conducted using chromatography.

2. At livestock breeding establishments

The inspection of urine samples shall be carried out according to the following steps:

Step 1: Collect urine samples for inspection.

The inspection steps shall follow the same sequence as the inspection of feed and veterinary drug samples. If the qualitative analysis result is negative, the inspection process stops.

If the urine sample tests positive for any of the three substances Ractopamine, Clenbuterol, and Salbutamol at any stage of analysis, the breeding establishment must not sell livestock and must change the feed, water, and veterinary drugs being used for the affected livestock for 3 days if the livestock tested positive for Ractopamine, or 7 days if they tested positive for Clenbuterol or Salbutamol. Subsequently, continue the new round of inspections until all analysis results are completely negative.

If the urine sample tests positive for any of the three substances Ractopamine, Clenbuterol, and Salbutamol, the inspection process continues to Step 2.

Step 2: Inspect the urine sample using chromatography. If the result is negative, the inspection process stops. If the result is positive for any of the three substances Ractopamine, Clenbuterol, and Salbutamol, the establishment must stop using the suspected contaminated feed, water, and veterinary drugs within the specified period as in Step 1 until the urine test result is confirmed as negative. Simultaneously, trace the origin of the feed, water, and veterinary drugs and handle them according to current laws.

3. At livestock slaughterhouses and poultry slaughterhouses

Collect urine samples from livestock before slaughtering and conduct inspection steps similar to those for urine samples at breeding establishments. If the inspection results are negative for the aforementioned substances, the inspection process stops. If the qualitative analysis result is immediately positive, immediately halt the slaughtering process, require the establishment to continue raising the livestock until the inspection results are negative. The subsequent raising period follows the same duration as at breeding establishments. If the qualitative analysis result is immediately positive, prepare a record, handle according to regulations, and trace the origin.

Article 6. Evaluation of Inspection Results

Any sample analysis showing a positive result for beta-agonist substances is considered a violation. The analysis results are sent to the violating entity and relevant authorities for handling.

Article 7. Handling Violations

In cases where the inspection sample shows a positive result for prohibited beta-agonist substances, the inspection authority shall take the following specific steps:

1. Inform the entity with positive samples of the prohibited beta-agonist substances.

2. Form an inspection team to collect samples for retesting (if necessary). If the retest results match the initial test results, the inspection authority will handle the violation or request relevant authorities to handle it according to the law.

3. Publicly announce the organizations and individuals who have violated on mass media.

4. Trace the origin of the violations stipulated in this Circular.

5. Handle the violations according to related laws.

Chapter III

LIMITATION OF LIABILITY

Article 8. Responsibilities of the Livestock Breeding Department

1. Responsible for inspecting the implementation of regional livestock development planning, safe livestock production, and feed quality.

2. Direct and coordinate with local specialized inspection agencies to inspect and supervise the use of prohibited substances in feed production and trading establishments.

3. To organize guidance, propaganda, and training on food safety knowledge for entities under its management.

Article 9. Responsibilities of the Animal Health Department

1. Responsible for organizing inspections of the use of beta-agonist prohibited substances at livestock and poultry breeding establishments; livestock slaughterhouses.

2. Direct and coordinate with local specialized inspection agencies to inspect veterinary drug production and trading establishments; livestock slaughterhouses.

3. To organize guidance, propaganda, and training on ensuring food safety knowledge for entities under its management.

Article 10. Responsibilities of the Department of Agriculture and Rural Development

1. Direct, guide, and inspect the implementation of this Circular throughout the province.

2. Organize inspections of the use of beta-agonist prohibited substances at feed production and trading establishments; livestock and poultry breeding establishments; livestock slaughterhouses within the jurisdiction.

3. To organize guidance, propaganda, and training on ensuring food safety knowledge for entities under its management.

Article 11. Responsibilities of veterinary drug production and business establishments, animal feed production and business establishments; livestock and poultry breeding and slaughtering establishments

1. To comply strictly with the regulations of the Ministry of Agriculture and Rural Development regarding the prohibition of banned substances and maintaining hygiene conditions as prescribed.

2. To be responsible for organizing production and business operations in accordance with the regulations.

3. To comply with inspection, supervision, and monitoring activities related to the use of prohibited substances conducted by inspection agencies and to accept penalties imposed by competent authorities for violations.

Chapter IV

IMPLEMENTING PROVISIONS

Article 12. Effective Date

This Circular takes effect forty-five days from the date of signature.

Article 13. Implementation Organization

1. The Livestock Production Department shall monitor and inspect the implementation of this Circular.

2. Heads of units, organizations, and individuals involved shall be responsible for implementing this Circular./.