Chương III Nghị định 39/2017/NĐ-CP về quản lý thức ăn chăn nuôi, thủy sản: Khảo nghiệm thức ăn chăn nuôi, thủy sản mới

Chapter III

EXPERIMENTS WITH NEW ANIMAL AND AQUA FEEDS

Article 10. Eligibility requirements and contents of experiments with animal and aqua feeds

1. Contents of experiments with new animal and aqua feeds

a) Animal and aqua feeds that require experiments shall be new animal and aqua feeds.

b) An animal and aqua feed shall not require experiments if it is the result of a research project or scheme recognized by the Ministry of Agriculture and Rural Development as a technological advance or if it passes experiments and is approved for sale in countries with which Vietnam has made mutual recognition agreements on the procedures for experiment with and recognition of new animal and aqua feeds.

c) The Ministry of Agriculture and Rural Development shall be assigned to provide instructions for experiments with new animal and aqua feeds and mutual recognition for the procedures for experiments with and recognition of animal and aqua feeds that has been agreed on with countries with which Vietnam is trading animal and aqua feeds.

2. Eligibility requirements for facilities experimenting with animal and aqua feeds

Facilities experimenting with animal and aqua feeds must fully meet the following requirements:

a) Have or rent locations, infrastructure or dedicated equipment necessary to meet requirements concerning experiments with specific feeds on animals, including enclosures, cages, ponds, pens, rafts and pools appropriate for experimental purposes.

Facilities experimenting with aqua feeds must have enough water sources meeting the quality requirements; have a separate water supply and drainage system and a wastewater pond to facilitate inspection of environmental indicators and aquatic disease indicators.

b) Technicians working for these facilities must obtain at least university degrees in one of the following majors, including animal science, animal science - animal health or biotechnology (in terms of animal feeds) or in the aquaculture science or biology (in terms of aqua feeds).

Article 11. Processes and procedures for application for experiment with and recognition of animal and aqua feeds

1. Organizations or individuals applying for experiment with new animal and aqua feeds must prepare a set of documents for submission to the Ministry of Agriculture and Rural Development.

2. That set of documents submitted to apply for experiments with new animal and aqua feeds shall include:

a) Application form for experiment with animal and aqua feed by using the Form No. 01 given in the Appendix hereto attached.

b) Outline of the experiment.

c) Demonstration of eligibility requirements for facilities experimenting with animal and aqua feeds referred to in Clause 2 Article 10 hereof.

3. Within the duration of no more than 05 business days of receipt of the application documents, the Ministry of Agriculture and Rural Development shall be responsible for checking submitted documents and notifying organizations or individuals in writing of documents which are not acceptable and need to be improved or supplemented.

Within the maximum duration of 30 business days of receipt of the valid submissions, the Ministry of Agriculture and Rural Development shall be responsible for establishing a council or reviewing and approving contents of the outline of experiment (according to the Form No. 02 given in the Appendix hereto attached). In case of refusing to grant a decision on approval of the outline of experiment, the Ministry of Agriculture and Rural Development must give a written response which clearly states reasons.

4. Upon completion of an experiment, organizations or individuals whose animal and aqua feeds have undergone such experiment shall be responsible for preparing an assessment report on such experiment for submission to the Ministry of Agriculture and Rural Development.

Within the maximum duration of 15 business days of receipt of the assessment report on experiment, the Ministry of Agriculture and Rural Development shall establish a scientific council to evaluate the experimental result and issue a decision to recognize new animal and aqua feeds (according to the Form No. 03 given in the Appendix hereto attached). In case of refusing to grant a decision on approval of a new animal and aqua feed, the Ministry of Agriculture and Rural Development must give a written response which clearly states reasons.

5. Inspection of experimental activities

a) Inspection method and degree: The Ministry of Agriculture and Rural Development must establish a working group composed of relevant regulators and scientists to carry out field inspection at least once during the procedures for experiment with a new animal and aqua feed.

b) Inspection contents: Eligibility requirements for experimenting facilities; contents of experiment specified in the approved outline of experiment.