Chương 6: Nghị định 08/2010/NĐ-CP về quản lý thức ăn chăn nuôi Thanh tra, kiểm tra và các hành vi vi phạm hành chính trong lĩnh vực thức ăn chăn nuôi

Chapter VI

INSPECTION, EXAMINATION AND ADMINISTRATIVE VIOLATIONS IN THE DOMAIN OF LIVESTOCK FEEDS

Article 17. State examination of livestock feeds

1. Examination contents:

a/ Satisfaction of conditions on livestock feed producers and traders specified in Articles 6 and 7 of this Decree;

b/ Notification of applicable standards and standard or regulation conformity;

c/ Application of livestock feed quality management measures;

d/ Assessment and assessment results of conformity, labeling, affixture of standard or regulation conformity stamps, and documents accompanied with products;

e/ Sampling of livestock feeds for examining product conformity with notified standards or relevant technical regulations.

2. Examination:

a/ Regular examination shall be conducted not more than twice a year and must be notified in writing, or irregular examination shall be conducted upon detecting signs of violation;

b/ The sampling of livestock feeds for quality examination will be valid only when sample takers possess livestock feed sampling certificates issued by the Ministry of Agriculture and Rural Development. After sampling, records must be made and sealed samples of each kind of products must be kept at establishments;

c/ Livestock feed quality shall be analyzed and tested only at laboratories designated by the Ministry of Agriculture and Rural Development.

Article 18. Livestock feed inspectorate

1. The livestock feed inspectorate is a specialized inspectorate.

2. The organization and operation of the livestock feed inspectorate comply with the law on inspection.

3. Quality inspection of livestock feeds covers inspection of the observance of the law on livestock feed quality, proposal for application of measures to prevent and stop violations of the law on livestock feed quality.

Article 19. Tasks of the specialized livestock feed inspectorate

1. To work out livestock feed inspection programs, plans and jobs and submit them to competent agencies for decision.

2. To provide livestock feed inspection-related professional training for specialized inspectors.

3. To receive complaints and denunciations, verify, make conclusions and propose measures to settle complaints and denunciations under law.

4. To inspect and make conclusions on the implementation of the law on livestock feeds.

5. To sanction livestock feed-related administrative violations in accordance with law.

6. To report and propose to heads of agencies of the same level and superior inspectorates on inspection results and post-inspection handling measures.

7. To perform other tasks provided for by law.

Article 20. Powers of the specialized livestock feed inspectorate

1. To inspect livestock feed producers, traders and users.

2. To request concerned individuals and organizations to provide information and documents necessary for inspection work.

3. To suspend from production, trading and use livestock feeds when detecting signs of violation.

4. To impose sanctions in accordance with the law on handling of administrative violations.

5. To exercise other powers provided for by law.

Article 21. Administrative violations in the domain of livestock feeds

1. Violations of the law on livestock feed production and trading include:

a/ Failing to notify quality standards;

b/ Failing to assay new livestock feeds before they are put into trading or use;

c/ Producing or trading in livestock feeds which are fake, unconformable with notified standards, of inferior quality or expire;

d/ Violating the provisions of Article 5 of this Decree.

2. Violations in livestock feed management, testing, inspection and assay

a/ Conducting livestock feed testing, inspection or assay without permits;

b/ Obstructing lawful activities of livestock feed testing, inspection, assay, management, production or trading;

c/ Refusing to accredit new livestock feeds when all the required conditions are satisfied;

d/ Conducting untruthful testing, inspection or assay;

e/ Breaching other obligations in livestock feed management, testing, inspection or assay.

3. Violators of the provisions of this Decree shall, depending on the severity and nature of their violations, be handled under current law.