Circular No. 74/2011/TT-BNNPTNT on traceability, recall, and handling of unsafe agricultural and forestry food products

CIRCULAR

Regulations on tracing the origin, recalling, and handling unsafe agricultural and forestry food products

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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; Decree No. 75/2009/NĐ-CP dated September 10, 2009 of the Government amending Article 3 of Decree No. 01/2008/ND-CP dated January 3, 2008;

Pursuant to the Food Safety Law No. 55/2010/QH12 dated June 17, 2010;

Pursuant to the Product Quality Law No. 05/2007/QH12 dated November 21, 2007;

Pursuant to Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing the implementation of certain provisions of the Product Quality Law;

The Ministry of Agriculture and Rural Development promulgates regulations on tracing the origin, recalling, and handling unsafe agricultural and forestry food products under the management of the Ministry of Agriculture and Rural Development as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Application

These Circulars regulate the tracing of the origin, recalling, and handling of unsafe agricultural and forestry food products; the responsibilities of organizations and individuals participating in the production and business of agricultural and forestry food products and relevant agencies.

Article 2. Applicability

1. Production and business establishments of plant-based food products: Cultivation establishments; processing establishments directly linked to cultivation establishments; collection establishments; independent processing establishments; preservation and transportation establishments; processing establishments; business establishments (including imported food products); (hereinafter referred to as establishments).

2. Production and business establishments of terrestrial animal-based food products: Livestock breeding establishments; slaughterhouses; processing establishments; preservation and transportation establishments; processing establishments; business establishments (including imported food products); (hereinafter referred to as establishments).

3. This Circular does not apply to:

a) Households and individuals producing small-scale agricultural and forestry food products for self-consumption and not for market sale;

b) Establishments producing and trading agricultural and forestry products but not for food purposes;

Article 3. Explanation of Terms

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

1. Tracing the origin of food: is the ability to track and identify a unit product through each stage of the production and business process.

2. Recalling products: involves applying measures to remove non-compliant quality and unsafe food products from the production and business chain.

3. One-step-back-one-step-forward traceability principle: requires establishments to retain information to ensure the identification of the previous production and business establishment/stage and the subsequent production and business establishment/stage in the production and business process for a traced product.

4. Production batch (production lot): is a defined quantity of goods produced according to the same technological process, under the same production conditions, and within a continuous production period.

5. Received batch: is a quantity of raw materials received once by an establishment for production.

6. Dispatched batch: is a quantity of finished products dispatched once by an establishment.

Article 4. Principles for inspecting the traceability system

Inspections of the traceability system for agricultural and forestry food products are conducted concurrently with inspections and evaluations of agricultural and forestry food production and business establishments in accordance with current regulations of the Ministry of Agriculture and Rural Development.

Article 5. Inspection Authority

1. Inspection of compliance with regulations on tracing the origin, recalling, and handling of unsafe food products by establishments:

2. Inspect implementation of traceability, recall, and handling of agricultural and forestry products that have been warned about food safety issues:

a) The Quality Control Department for Agricultural and Forestry Products and Aquatic Products shall inspect the implementation of traceability, recall, and handling of seafood that has been warned about food safety issues based on information from importing countries, from the inspection agencies mentioned in point a, Clause 1 of this Article, and from other warning sources.

2. Inspection of the implementation of tracing the origin, recalling, and handling of agricultural and forestry food products that have been warned about losing safety:

a) The Directorate of Agricultural and Forestry Product Quality and Fisheries Management shall take the lead and coordinate with relevant agencies to inspect the implementation of tracing the origin, recalling, and handling of agricultural and forestry food products that have been warned about losing safety based on warning information from importing countries, from the inspection agencies mentioned in Point a Clause 1 of this Article, and from other sources of warning information.

b) The Sub-directorate of Agricultural and Forestry Product Quality and Fisheries Management or units assigned by the Department of Agriculture and Rural Development shall take the lead and coordinate with relevant agencies to inspect the implementation of tracing the origin, recalling, and handling of agricultural and forestry food products that have been warned about losing safety based on warning information from the inspection agencies mentioned in Point b Clause 1 of this Article and from other local sources of information.

Chapter II

REGULATIONS ON TRACING THE ORIGIN, RECALLING, AND HANDLING UNSAFE AGRICULTURAL AND FORESTRY FOOD PRODUCTS

Article 6. Principles for Traceability

1. The entity must establish a traceability system based on the principle of one-step-forward-one-step-backward to ensure the ability to identify and trace a unit of product at specific stages of the production and business process.

2. Through traceability systems, the entity must provide information that has been recorded about the supplier of raw materials and the receiving entity throughout the production process.

3. Each product after each stage must be labeled or formatted in an appropriate manner to facilitate traceability.

Article 7. Requirements for Traceability

1. The entity's traceability system must be established and implemented in accordance with the requirements set forth in Sections 1, 2, and 3 of the Appendix attached to this Circular.

2. Traceability for agricultural and forestry products shall be carried out by the entity under the following circumstances:

a) When requested by the inspection and supervision authority;

b) When the entity discovers that food produced and traded by itself does not meet safety standards.

Article 8. Recall of Agricultural and Forestry Products

1. The entities specified in Article 2 of this Circular must establish procedures for recalling batches of goods that comply with the requirements set forth in Section 4 of the Appendix attached to this Circular.

2. Forms of recall for unsafe agricultural and forestry products:

a) Voluntary recall conducted by the entity itself;

b) Mandatory recall upon request of the inspection authority.

3. The entity must carry out the recall of unsafe food according to the requirements of the inspection authority in the following cases:

a) Food that has exceeded its shelf life but is still circulating and sold on the market;

b) Food that does not conform to corresponding technical regulations affecting consumer health;

c) New technology products that have not been permitted for circulation;

d) Food that has deteriorated during storage, transportation, or trading, making it unsafe and affecting consumer health;

e) Food containing prohibited substances or contaminants exceeding prescribed limits.

Article 9. Forms of Handling Violations of Food Safety Regulations

1. Rectification of labeling errors: applicable when the product's labeling does not comply with regulations;

2. Change of intended use: applicable when food has expired or is unsuitable for its original purpose but does not pose a risk to food safety;

3. Re-export: applicable when imported food does not meet safety standards; when imported food has expired; or when imported food is not allowed to enter Vietnam according to current regulations of the Ministry of Agriculture and Rural Development;

4. Destruction: applicable to spoiled, rotten, or decayed food; food using additives or processing aids beyond permissible levels; food containing harmful substances or banned contaminants, chemicals of unknown origin; or food of unknown origin.

The destruction of unsafe agricultural and forestry products must comply with legal provisions and must be inspected and confirmed by food safety inspection authorities and local government authorities.

Article 10. Implementation of traceability, recall, and handling of unsafe agricultural and forestry products

1. When unsafe agricultural and forestry products are discovered, the entity shall implement traceability of such products according to the provisions set out in Section 3 of the Appendix attached hereto.

2. In cases where inspection agencies discover or receive warning information from importing countries or other sources regarding unsafe food, the inspection agency assigned under Clause 2, Article 5 of this Circular shall process the information and notify the entity to conduct traceability, recall, and handle unsafe food. The notification document shall include the following information:

a) Name of the entity responsible for conducting traceability, recall, and handling of the product;

b) Information identifying the batch subject to traceability (type; batch identification code; quantity; date of production; name of the manufacturing and trading entity - if applicable);

c) Reason for conducting traceability, recall, and measures for handling recalled products (if applicable);

d) Scope and deadline for conducting traceability, recalling products, and handling recalled products (if applicable);

e) Agency responsible for inspecting the implementation of traceability, recall, and handling of unsafe food.

3. Upon receipt of the notification document from the inspection agency, the entity must carry out traceability, recall, and handling of the product according to the provisions set out in Section 3, Section 4.2 of the Appendix attached hereto.

4. The inspection agency assigned under Clause 2, Article 5 of this Circular shall organize inspections of the implementation of traceability, recall, and handling of unsafe products and provide support to the entity when necessary.

Chapter III

IMPLEMENTATION

Article 11. Directorate of Quality Assurance for Agricultural and Forestry Products and Aquatic Resources

1. Take the lead and coordinate with relevant agencies to inspect the implementation of traceability, recall, and handling of agricultural and forestry products that have been warned about safety issues according to Point a, Clause 2, Article 5 of this Circular.

2. Annually or at any time, report on the results of inspections of compliance with regulations on traceability, recall, and handling of unsafe agricultural and forestry products nationwide; propose recommendations to the Ministry of Agriculture and Rural Development regarding the responsibilities of specialized management agencies, and suggest measures to ensure food safety.

2. Annually or at any time (when required), submit reports on the results of inspections of compliance and implementation of regulations on traceability, recall, and handling of unsafe products at establishments under their jurisdiction to the Ministry of Agriculture and Rural Development (through the Quality Control Department for Agricultural and Forestry Products and Aquatic Products).

1. Inspect compliance with regulations on traceability, recall, and handling of unsafe food for agricultural and forestry product production and trading entities within the scope of division and delegation by the Ministry of Agriculture and Rural Development.

2. Coordinate with the Directorate of Quality Assurance for Agricultural and Forestry Products and Aquatic Resources to inspect the implementation of traceability, recall, and handling of unsafe agricultural and forestry products according to Point a, Clause 2, Article 5 of this Circular.

3. Annually or at any time (upon request), submit reports on the results of inspections of compliance with regulations on traceability, recall, and handling of unsafe products of entities under their jurisdiction to the Ministry of Agriculture and Rural Development (through the Directorate of Quality Assurance for Agricultural and Forestry Products and Aquatic Resources).

Article 13. Department of Agriculture and Rural Development

1. Organize the dissemination and guidance on the implementation of this Circular at the local level.

2. Delegate and direct specialized agencies to conduct inspections to ensure compliance with the regulations on traceability, recall, and handling of unsafe agricultural and forestry products in accordance with this Circular.

3. Annually or upon request, report to the Ministry of Agriculture and Rural Development (through the General Department of Quality Management of Agricultural and Forestry Products and Aquatic Resources) on the results of implementing assigned tasks under this Circular at the local level.

Article 14. Local inspection agencies

1. Conduct inspections to ensure compliance with the regulations on traceability, recall, and handling of unsafe agricultural and forestry products of establishments in accordance with the directives and assignments of the Department of Agriculture and Rural Development and the professional guidance of relevant General Departments and Bureaus.

2. Annually or upon request, report to the Department of Agriculture and Rural Development; relevant General Departments and Bureaus on the results of inspecting activities related to traceability, recall, and handling of unsafe agricultural and forestry products within their jurisdiction at the local level.

3. The Quality Management Agency of Agricultural and Forestry Products and Aquatic Resources or units assigned by the Department of Agriculture and Rural Development to inspect the implementation of traceability, recall, and handling of unsafe agricultural and forestry products in accordance with Point b Clause 2 Article 5 of this Circular; directly organize the recall and handling of food and require organizations and individuals engaged in food production and business to pay for the costs of recalling and handling food in cases where food poses a serious risk to public health or urgent situations as required by higher-level inspection agencies.

Article 15. Establishments engaged in the production and business of agricultural and forestry products

1. Implement traceability, identify causes, establish corrective measures, recall, and handle unsafe agricultural and forestry products in accordance with this Circular and relevant laws.

2. Publicize information about recalled products and be responsible for recalling and handling unsafe agricultural and forestry products within the time limit set by the inspection agency.

3. Comply with inspection activities and enforcement measures of the inspection agency as stipulated in this Circular.

4. Bear all costs associated with the recall and handling of unsafe agricultural and forestry products.

5. Implement the contents specified in Articles 6, 7, 8, 9, and 10 of this Circular and report to the inspection agency upon completion of traceability, recall, and handling of unsafe agricultural and forestry products when requested.

Chapter IV

IMPLEMENTING PROVISIONS

Article 16. Effective Date

This Circular shall take effect 45 days from the date of issuance.

Article 17. Amendments and supplements

During the implementation process, if there are difficulties or obstacles, units shall report to the Ministry of Agriculture and Rural Development (through the General Department of Quality Management of Agricultural and Forestry Products and Aquatic Resources) for consideration and amendment./.