Circular No. 56/2009/TT-BNNPTNT on Inspection and Supervision of Food Safety for Aquatic Products before Market Release

CIRCULAR

Inspection and supervision of aquatic food safety before entering the market

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Pursuant to 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 the Fisheries Law dated November 26, 2003;

Pursuant to the Food Safety Ordinance and Decree No. 163/2004/NĐ-CP dated September 7, 2004 of the Government detailing implementation of certain provisions of the Food Safety Ordinance;;

Pursuant to Decree No. 79/2008/NĐ-CP dated July 18, 2008 of the Government on the system of organizations for management, inspection, and testing related to food safety;

Pursuant to Circular Joint No. 31/2009/TTLT-BNNPTNT-BNV dated June 5, 2009 of the Ministry of Agriculture and Rural Development and the Ministry of Home Affairs guiding the functions, tasks, authorities, organization, and staffing of the Aquatic Products Quality Control Sub-Department under the Department of Agriculture and Rural Development;

The Ministry of Agriculture and Rural Development guides the work of inspecting and supervising aquatic food safety before entering the market as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the procedures and contents for inspecting and supervising aquatic food safety (food safety) before entering the market; responsibilities of agencies implementing inspections and supervision and establishments participating in aquaculture production and business activities before entering the market (hereinafter referred to as establishments).

Article 2. Applicability

1. This Circular applies to:

a) Aquaculture establishments.

b) Fishing vessels; Fish ports; Fish markets; Independent ice-making establishments serving the preservation and processing of aquatic food products; Establishments purchasing, preliminary processing, storing, preserving, packaging, and processing aquatic food products solely for domestic consumption.

c) Fishing vessels processing aquatic food products for export; Establishments cleaning and supplying live bivalve mollusks; Independent cold storage facilities preserving aquatic food products; Establishments preliminarily processing, storing, preserving, packaging, and processing aquatic products with export products.

2. This Circular does not apply to: Aquaculture establishments that do not aim to bring products to market consumption.

Article 3. Explanation of Terms

In this Circular, some terms are understood as follows:

1. Aquatic food products: are all living species of animals and plants in water and amphibians, including eggs and parts of them used as food or food prepared from aquatic products.

2. Aquatic food production and business establishments: are organizations and individuals engaged in fishing, breeding, purchasing, preserving, preliminary processing, and processing aquatic products.

3. Entering the market: is the act of bringing aquatic products from production and business establishments to be consumed domestically or exported.

4. Inspection: is the evaluation of the level of compliance of aquatic food production and business establishments and aquatic food products with technical standards and regulations on food safety according to current regulations.

5. Supervision: is the sampling and analysis of products at various stages of aquatic food production and business to assess the level of compliance of aquatic products with technical standards and regulations on food safety (excluding sampling to verify food safety conditions of the establishment).

Article 4. Inspection and Supervision Authority

The aquatic food safety inspection and supervision agency (hereinafter referred to as the inspection agency) before entering the market includes:

1. The Directorate of Fisheries Resources Exploitation and Protection: responsible for organizing the inspection of the application of measures to ensure food safety throughout the process from fishing, preservation, transportation until the vessel docks at the port.

2. The Directorate of Aquaculture: responsible for organizing the inspection of food safety during the aquaculture process.

3. The Directorate of Animal Health: responsible for organizing the inspection of food safety of aquatic products at fish markets.

4. The Directorate of Agricultural and Forestry Product Quality Control: responsible for:

a) Organizing the inspection of food safety for the establishments mentioned in Point c, Clause 1, Article 2 of this Circular.

b) Implementing national monitoring programs for aquatic food safety.

5. Local inspection agencies under provincial Departments of Agriculture and Rural Development directly under the central government (hereinafter referred to as local inspection agencies) according to their assigned tasks are responsible for:

a) Inspecting food safety for the establishments mentioned in Point b, Clause 1, Article 2 of this Circular.

b) Participating in national monitoring programs for aquatic food safety.

Article 5. Conditions for aquatic products to enter the market

1. Aquatic products used as food for domestic consumption:

a) For fresh, live aquatic products, they must have information to trace the origin of the product.

b) For processed aquatic products, they must meet one of the following conditions:

- Produced and traded at establishments for preliminary processing, processing, storage, and preservation that have been recognized as meeting food safety conditions;

- Hold a Certificate of Food Safety Quality issued by the local inspection agency in accordance with the Regulation attached to Decision No. 118/2008/QĐ-BNN dated December 11, 2008 of the Ministry of Agriculture and Rural Development (hereinafter referred to as Regulation 118);

- Have been confirmed to comply with regulations.

2. Aquatic products for export if they meet:

a) Produced from establishments recognized as meeting food safety conditions according to the regulations of the Ministry of Agriculture and Rural Development; and simultaneously, meet the requirements of corresponding import markets.

b) Inspected and certified regarding quality and food safety (labeling requirements, planking rates, biological and chemical indicators...) according to the regulations of the importing country or regulations announced by the Ministry of Agriculture and Rural Development for application at different times.

Chapter II

INSPECTION AND SUPERVISION ACTIVITIES

Article 6. The process of fishing, preserving, and transporting aquatic products to fish ports

The Directorate of Fisheries Resource Exploitation and Protection shall be responsible for organizing:

1. Inspecting the application of measures to ensure food safety and hygiene throughout the entire process from fishing, preservation, transportation until the fishing vessel arrives at the port according to National Technical Regulation No. QCVN 02 - 13: 2009/BNNPTNT Fishing Vessels - Conditions for Ensuring Food Safety and Hygiene.

2. Inspecting compliance with Government and Ministry of Agriculture and Rural Development regulations prohibiting the fishing, preservation, and transportation of toxic aquatic species used as food.

Article 7. At aquaculture/harvesting facilities

1. The Directorate of Aquaculture shall organize inspections and certification of conditions ensuring food safety and hygiene in aquaculture operations according to current regulations of the Ministry of Agriculture and Rural Development.

2. The Directorate of Quality Management of Forestry, Agricultural, and Aquatic Products shall organize the implementation of:

a) The national monitoring program on residues of harmful chemicals in farmed aquatic products as stipulated in the Regulation issued together with Decision No. 130/2008/QĐ-BNN.

b) The national monitoring program on occupational safety and health in harvesting bivalve mollusks as stipulated in the Regulation issued together with Decision No. 131/2008/QĐ-BNN.

Article 8. At fish ports

Local inspection agencies shall be responsible for:

1. Inspecting conditions ensuring food safety and hygiene for fishing vessels, fish ports, and ice production facilities at the port according to the procedures and formalities prescribed in the Regulation issued together with Decision No. 117/2008/QĐ-BNN dated December 11, 2008 of the Ministry of Agriculture and Rural Development (hereinafter referred to as Regulation 117) and corresponding National Technical Regulations as follows:

a) For fishing vessels: National Technical Regulation No. QCVN 02 - 13: 2009/BNNPTNT Fishing Vessels - Conditions for Ensuring Food Safety and Hygiene.

b) For fish ports: National Technical Regulation No. QCVN 02 - 12: 2009/BNNPTNT Fish Ports - Conditions for Ensuring Food Safety and Hygiene.

c) For ice production facilities at the port: National Technical Regulation No. QCVN 02-08: 2009/BNNPTNT Ice Production Facilities for Aquatic Products - Conditions for Ensuring Food Safety and Hygiene.

2. Organizing sensory inspection activities for raw materials and aquatic products at the port when vessels arrive; if necessary, samples may be taken for testing food safety and hygiene indicators; taking samples for monitoring food safety and hygiene of aquatic products at the port according to the national monitoring program on post-harvest food safety and hygiene of aquatic products mentioned in Chapter III of this Circular.

3. Inspecting information for traceability of origin of aquatic products from vessels (species of aquatic product, quantity, fishing grounds) before they are put on the market.

Article 9. At raw material purchasing and storage facilities for aquatic products

Local inspection agencies shall be responsible for implementing:

1. Inspecting conditions ensuring food safety and hygiene according to the procedures and formalities prescribed in Regulation 117 and National Technical Regulation No. QCVN 02 - 10: 2009/BNNPTNT Raw Material Purchasing Facilities for Aquatic Products - Conditions for Ensuring Food Safety and Hygiene.

2. Conducting sensory inspections of raw materials and aquatic products at the facility; if necessary, samples may be taken for testing food safety and hygiene indicators; taking samples for monitoring food safety and hygiene of aquatic products at the facility according to the national monitoring program on post-harvest food safety and hygiene of aquatic products mentioned in Chapter III of this Circular.

3. Inspecting the assurance of traceability information for origin of aquatic products purchased, sorted, stored, and marketed by the facility.

Article 10. At primary processing, manufacturing, packaging, storage, and preservation facilities for finished products

1. The Bureau of Quality Management of Forestry, Agriculture, and Aquatic Products and local inspection agencies shall be responsible for inspecting conditions ensuring food safety and hygiene at primary processing, manufacturing, packaging, storage, and preservation facilities for finished products in accordance with Regulation 117 and corresponding QCVNs as follows:

a) For aquatic product manufacturing facilities: QCVN 02 - 01: 2009/BNNPTNT Aquatic Product Manufacturing Facility - General Conditions Ensuring Food Safety and Hygiene and QCVN 02 - 02: 2009/BNNPTNT Aquatic Product Manufacturing Facility - Food Safety and Quality Assurance Program Based on HACCP Principles.

b) For ready-to-eat aquatic product manufacturing facilities: QCVN 02 - 03: 2009/BNNPTNT Ready-to-Eat Aquatic Product Manufacturing Facility - Conditions Ensuring Food Safety and Hygiene.

c) For canned aquatic product manufacturing facilities: QCVN 02 - 04: 2009/BNNPTNT Canned Aquatic Product Manufacturing Facility - Conditions Ensuring Food Safety and Hygiene.

d) For dried aquatic product manufacturing facilities: QCVN 02 - 05: 2009/BNNPTNT Dried Aquatic Product Manufacturing Facility - Conditions Ensuring Food Safety and Hygiene.

e) For fish sauce manufacturing facilities: QCVN 02 - 06: 2009/BNNPTNT Fish Sauce Manufacturing Facility - Conditions Ensuring Food Safety and Hygiene.

g) For two-shelled mollusk manufacturing facilities: QCVN 02 - 07: 2009/BNNPTNT Two-Shelled Mollusk Manufacturing Facility - Conditions Ensuring Food Safety and Hygiene.

h) For cold storage facilities: QCVN 02 - 09: 2009/BNNPTNT Cold Storage Facility for Aquatic Products - Conditions Ensuring Food Safety and Hygiene.

2. The Bureau of Quality Management of Forestry, Agriculture, and Aquatic Products shall inspect and certify exported aquatic food products according to Regulation 118 and relevant regulations concerning inspection and sampling testing of batches of aquatic products by the Ministry of Agriculture and Rural Development.

3. Local inspection agencies shall inspect and certify aquatic products before they are put on sale in the domestic market according to Regulation 118 and relevant regulations concerning sampling and inspection by the Ministry of Agriculture and Rural Development.

Article 11. At Fish Markets

1. The Animal Health Service shall organize food safety and hygiene inspections of aquatic products at fish markets in conjunction with aquatic quarantine inspections according to National Technical Regulation QCVN 02 - 11: 2009/BNNPTNT Fish Market - Conditions Ensuring Food Safety and Hygiene and related regulations of the Ministry of Health.

2. Local inspection agencies shall take samples for monitoring food safety and hygiene at fish markets according to the national program for post-harvest aquatic product food safety and hygiene monitoring set out in Chapter III of this Circular.

Chapter III

NATIONAL MONITORING PROGRAM FOR POST-HARVEST AQUATIC PRODUCT FOOD SAFETY AND HYGIENE

Article 12. Establishing and Approving Implementation Plans for the Monitoring Program

1. Based on the results of previous year's inspections and monitoring, consumer feedback, market warnings regarding food safety and hygiene, and guidance from the Bureau of Quality Management of Forestry, Agriculture, and Aquatic Products, local inspection agencies shall develop implementation plans and budget estimates for the monitoring program, submit them to the Department of Agriculture and Rural Development for approval before sending them to the Bureau of Quality Management of Forestry, Agriculture, and Aquatic Products for consolidation and submission to the Ministry.

2. The Bureau of Quality Management of Forestry, Agriculture, and Aquatic Products shall consolidate the implementation plans for the monitoring program, submit them to the Ministry of Agriculture and Rural Development for approval and funding allocation, and organize the nationwide implementation of the program uniformly.

Article 13. Scope, objects, and monitoring regimes

1. Scope, objects, and monitoring criteria:

a) Monitoring scope: The monitoring program is implemented at fish ports, fish markets, collection centers, initial processing facilities, storage, and preservation sites for aquatic products nationwide.

b) Objects and monitoring criteria:

- For wild-caught aquatic products: Samples are taken to monitor microbiological indicators; heavy metals; preservatives (urea, alum, sodium metabisulfite, chloramphenicol); natural toxins.

- For farmed aquatic products: Samples are taken to monitor preservative indicators and microbiological indicators.

2. Monitoring regimes:

a) Regular monitoring: This is the usual monitoring regime carried out with the following frequency:

- Once a year for salted, frozen, dried non-immediate consumption aquatic products; fish sauce, fermented fish products, and similar products.

- Twice a year for immediate consumption aquatic products, and aquatic products produced from species associated with specific risks.

b) Ad hoc monitoring: This monitoring regime is implemented when there are food safety incidents; or upon the management requirements of the Ministry of Agriculture and Rural Development.

Article 14. Sampling for Monitoring

1. Samples are collected randomly.

2. After sampling, the samples must be sealed with the signature of the sampler and a representative of the sampled entity. In cases where the representative does not sign, the seal with the sampler's signature still has legal validity.

3. A record of sampling is established, the samples are preserved, and they are sent to the testing laboratory designated by the Ministry of Agriculture and Rural Development.

Article 15. Testing and Notification of Test Results

1. Sample analysis is conducted strictly according to the methods of the testing laboratory designated by the Ministry of Agriculture and Rural Development.

2. Upon completion of the analysis results, the testing laboratory sends notifications to the sending agency (local inspection authority), and simultaneously sends them to the Directorate of Quality Assurance for Agricultural and Forestry Products and Aquatic Products.

Article 16. Handling Violations

In cases where post-harvest aquatic product food safety monitoring samples have analysis results that do not comply with regulations or corresponding technical standards, the local inspection authority shall implement:

1. Notify the non-compliant analysis results to the entity and request it to take appropriate corrective measures.

2. Form an ad hoc inspection team to check the food safety conditions of the entity and take verification samples if necessary. If the verification sample results are non-compliant, the local inspection authority will handle the violation or propose the competent authority to handle it according to current regulations and require the entity to take corrective measures, including recalling products circulating on the market and requesting the competent authority to revoke the business license of the entity.

3. In case of disagreement with the analysis results, within three days from receiving the non-compliant result notification, the entity may request another designated testing laboratory to re-analyze the retained sample. The re-analysis results will be reviewed and concluded by the Directorate of Quality Assurance for Agricultural and Forestry Products and Aquatic Products. The cost of re-analysis is borne by the entity owner.

4. In cases where there is sufficient evidence showing that the product does not meet regulations or corresponding technical standards, or the entity does not comply with the requirements in the notification, the local inspection authority will recommend the competent authority to handle it according to the law, and publicly announce it through mass media.

Chapter IV

LIMITATION OF LIABILITY

Article 17. Directorate of Fisheries Resource Exploitation and Protection

1. Draft and submit to the Ministry of Agriculture and Rural Development for issuance regulations and technical standards on food safety and hygiene during fishing, processing, and transporting aquatic products on vessels to ensure food safety and hygiene, and guide their implementation nationwide;

2. Take the lead in disseminating and training fishermen to apply methods of fishing, processing, and transporting on vessels that ensure food safety and hygiene;

3. Direct subordinate branches to cooperate with local inspection agencies in conducting inspection and supervision activities according to the contents specified in Article 6 and handle fishing vessels that fail to maintain conditions ensuring food safety and hygiene for aquatic products as stipulated in Point a, Clause 1, Article 8 of this Circular.

Article 18. Directorate of Aquaculture

1. Take the lead in drafting and submitting to the Ministry of Agriculture and Rural Development for issuance regulations and national standards on conditions for aquaculture facilities to ensure food safety and hygiene, and guide their implementation nationwide;

2. Guide and organize inspections and certification of conditions for aquaculture facilities to ensure food safety and hygiene; manage and issue registration codes for each aquaculture facility;

3. Annually publish lists of facilities under management and lists of facilities recognized as meeting conditions to ensure food safety and hygiene nationwide.

Article 19. Directorate of Animal Health

1. Draft and submit to the Ministry for issuance regulations and technical standards on food safety and hygiene during trading and processing of aquatic products at fish markets, and guide their implementation nationwide;

2. Take the lead in disseminating and training production and business establishments at markets to apply measures to ensure food safety and hygiene;

3. Coordinate with the Directorate of Aquaculture to guide the implementation of breeding procedures to ensure disease safety and food safety.

Article 20. Directorate of Quality Management of Forestry, Agricultural, and Aquatic Products

1. Uniformly guide the implementation of national monitoring programs; periodically review activities related to national monitoring programs;

2. Review and propose to the Ministry of Agriculture and Rural Development for issuance of regulations, standards, and technical standards on food safety and hygiene for aquatic products within the assigned scope and guide their implementation nationwide;

3. Organize training, seminars, and professional guidance on food safety and hygiene inspection for local inspection agencies;

4. Annually coordinate with provincial Departments of Agriculture and Rural Development to unify lists of facilities under management; publish lists of facilities recognized as meeting conditions to ensure food safety and hygiene nationwide;

5. Compile and announce lists of laboratories designated to participate in analyzing food safety and hygiene indicators for aquatic products.

Article 21. Department of Agriculture and Rural Development

1. Direct, guide, and inspect the implementation of this Circular within the assigned scope on the local territory;

2. Review and propose to the Ministry of Agriculture and Rural Development (through specialized management directorates) amendments and supplements to standards and technical standards to be consistent with actual conditions in food safety and hygiene inspection and supervision work for aquatic products;

3. Coordinate with functional agencies to organize guidance, propaganda, and training on knowledge to ensure food safety and hygiene quality for subjects under management.

Article 22. Inspection agencies under the Department of Agriculture and Rural Development

1. Fulfill all assigned tasks as stipulated in this Circular.

2. Systematically store all relevant files concerning aquatic food safety supervision activities for a minimum period of two years; provide complete and accurate files and explanations on issues related to inspection and supervision when requested by the Department of Agriculture and Rural Development or the Directorate of Quality Assurance of Forestry, Agricultural and Fishery Products.

3. Annually publish lists of facilities under management and lists of facilities recognized as meeting conditions to ensure food safety and hygiene nationwide.

Article 23. Aquatic production and business establishments

1. Shall be responsible for implementing and maintaining food safety conditions in accordance with regulations.

2. Comply with aquatic food safety inspection activities conducted by inspection agencies and handle violations according to authorized agencies.

3. Market fish management boards and fishing port management boards shall be responsible for establishing internal regulations regarding the general responsibilities of ports and markets, and clarifying the responsibilities of each production and business entity within the ports and markets in adhering to food safety regulations.

Article 24. Testing Rooms designated to conduct analysis for National Monitoring Programs

1. Adhere strictly to the regulations of the Ministry of Agriculture and Rural Development for designated Testing Rooms.

2. Ensure accurate and impartial testing results and report them on time; bear responsibility for the analysis results conducted by the Testing Room.

3. Only report the analysis results of samples from National Monitoring Programs to the Inspection Agency that submitted the samples and the Directorate of Quality Assurance of Forestry, Agricultural and Fishery Products.

Chapter VI

IMPLEMENTING PROVISIONS

Article 25. Effective Date

This Circular takes effect from November 22, 2009. All previous provisions contrary to this Regulation are hereby abolished.

Article 26. Amendments and Supplements

During implementation, the Directorate of Quality Assurance of Forestry, Agricultural and Fishery Products, and the Departments of Agriculture and Rural Development of provinces/cities directly under the Central Government shall collect suggestions from organizations and individuals regarding difficulties encountered in implementing this Circular, and submit them to the Ministry of Agriculture and Rural Development for consideration to amend and supplement accordingly./.