Chương V Nghị định 39/2017/NĐ-CP về quản lý thức ăn chăn nuôi, thủy sản: Kiểm tra chất lượng thức ăn chăn nuôi, thủy sản

Chapter V

INSPECTION OF QUALITY OF ANIMAL AND AQUA FEEDS

Article 15. Inspection of domestic animal and aqua feeds

1. Subject matters of inspection

a) Commercial animal and aqua feeds:

Compliance with regulations on eligibility requirements applied to facilities manufacturing, processing and trading animal and aqua feeds;

Declaration of the applied standards and declaration of conformity (where appropriate);

Implementation of methods for managing quality of animal and aqua feeds;

Compliance with regulations on product and commodity labeling;

Sampling of animal and aqua feeds for examination of conformity with the relevant applied standard and technical regulations. Particular attention shall be paid to evaluation of safety indicators and other major quality indicators of feed products.

b) Self-formulated animal and aqua feeds, and animal and aqua feeds used according to conventional practices:

Check and inspect product safety indicators in accordance with applicable laws and regulations on food safety.

2. Inspecting entity: the Ministry of Agriculture and Rural Development, the Department of Agriculture and Rural Development of a centrally-affiliated city or province.

3. Inspection mechanism: State authorities shall send a prior written notice of their regular inspection which is limited to once a year at the maximum, except for unscheduled inspection carried out in case of any violation which has been detected. Unscheduled inspection of quality of animal and aqua feeds at the workplace of a facility manufacturing and processing feed products, facility using feed products shall be carried out when the head of a competent authority makes his/her decision on such inspection, and in such case, be carried out without any prior notice.

Article 16. Inspection of exported or imported animal and aqua feeds

Registration for inspection or confirmation of quality of animal and aqua feeds which are imported, recalled or returned shall be compulsory. With respect to exported animal and aqua feeds, inspection thereof shall be carried out as requested by the importing countries.

1. Subject matters of inspection

a) With respect to imported animal and aqua feeds

Inspect import dossiers as prescribed by Clause 1 Article 19 hereof;

Carry out physical inspection of quantity, weight, packaging, labeling, expiry date, origin and other organoleptic indicators of a feed product;

Conduct a sampling of a feed product for evaluation of conformity in terms of quality and food safety aspects.

b) With respect to recalled or returned animal and aqua feeds

Determine causes for such recall or return;

Check packaging, labeling, expiry date and organoleptic issues;

Get a sample of a recalled or returned feed product for product quality inspection.

c) With respect to exported animal and aqua feeds

Review the dossier of declaration of quality and declaration of conformity (where appropriate);

Check packaging, labeling, expiry date and organoleptic issues;

Make a quality analysis at the request of the importing enterprise or country and other request (if any).

2. Inspecting entity

The inspecting entity is a competent state authority or an organization appointed by the Ministry of Agriculture and Rural Development as an entity vested with authority to grant certification of conformity with quality standards for animal and aqua feeds used for export and import purposes (hereinafter referred to as appointed organization) in order to perform certain inspection activities in the entire inspection process which are specified by the appointment decision. Appointment requirements, processes and procedures shall conform to provisions laid down in Article 17 hereof.

Bases for assessment of competence of appointed organizations shall be subject to regulations on organizations granting certificates of conformity which are issued or recognized to be in effect by competent authorities. The Ministry of Agriculture and Rural Development shall release the procedures for assessment, publicly provide written guidance on assessment procedures and publish them on its website.

3. Inspection mechanism shall be subject to provisions laid down in Article 20 hereof.

Article 17. Appointment requirements, processes and procedures

1. Appointed organization must meet the following requirements:

a) Be appointed by the Ministry of Agriculture and Rural Development to be an organization granting certificate of conformity in the animal and aqua feed industry.

b) Have procedures for inspection and confirmation of conformity in terms of quality of imported and exported animal and aqua feeds relative to specific feed products which are assessed by the Ministry of Agriculture and Rural Development.

2. Appointment processes and procedures

The organization granting certification of conformity in the animal and aqua feed industry that has the demand for participation in inspection and accreditation of quality of imported and exported animal and aqua feeds shall submit a set of documents to the Ministry of Agriculture and Rural Development, including the followings:

a) Application form for participation in inspection and accreditation of quality of animal and aqua feeds (according to the Form No. 14 given in the Appendix hereto attached).

b) Certified duplicate copy of the appointment decision wherein the organization is appointed to become the organization granting certification of conformity in the animal and aqua feed industry.

c) Procedures for inspection and accreditation of quality of imported and exported animal and aqua feeds relative to specific feed products which are released by the organization applying for permission to participate in inspection and accreditation of imported and exported animal and aqua feeds.

Within the maximum duration of 15 business days of receipt of the valid submissions, the Ministry of Agriculture and Rural Development shall assess the submitted documentation and carry out field audit of actual competence at the inspected entity ‘s workplace (where necessary) and issue the appointment decision (according to the Form No. 15 given in the Appendix hereto attached). In case of refusing appointment, the Ministry of Agriculture and Rural Development must give a written response which clearly states reasons for such refusal.

3. Effect of the appointment decision

a) The term of the appointment decision is 03 years.

b) Within the duration of 03 months before the expiry date of this decision, when necessary, the appointed organization shall submit application for re-appointment to the Ministry of Agriculture and Rural Development, including the followings:

Application form for participation in inspection and accreditation of quality of animal and aqua feeds (according to the Form No. 14 given in the Appendix hereto attached);

The appointed organization’s report on the result of inspection and accreditation of quality of imported and exported animal and aqua feeds made in the previous time (according to the Form No. 16 given in the Appendix hereto attached).

Within the maximum duration of 07 business days of receipt of the valid submissions, the Ministry of Agriculture and Rural Development shall assess the submitted documentation and carry out field audit of its actual competence at the inspected entity ‘s workplace (where necessary) and issue another appointment decision (according to the Form No. 15 given in the Appendix hereto attached). In case of refusing re-appointment, the Ministry of Agriculture and Rural Development must give a written response which clearly states reasons for such refusal.

Article 18. Sampling of and experiment with animal and aqua feeds

1. Getting a sample of an animal and aqua feed product shall be subject to provisions laid down in national standards (Vietnamese abbreviation: TCVN) or those adopted by the Ministry of Agriculture and Rural Development. Persons who get a sample of an animal and aqua feed must be trained by and obtain certificates in sampling of animal and aqua feed products from the Ministry of Agriculture and Rural Development.

2. Testing of quality of animal and aqua feeds used as the basis for regulatory management of these feed products shall be recognized only if such testing is carried out by employing testing methods at testing laboratories appointed by the Ministry of Agriculture and Rural Development. Where testing methods have not yet been designated or approved, the Ministry of Agriculture and Rural Development shall make a decision on the applied testing method.

The Ministry of Agriculture and Rural Development shall publish the procedures for appointment of a testing laboratory engaged in the animal and aqua feed industry; publicly provide written guidance on and update its website with a post regarding such procedures.

3. Testing bases shall be indicators showing quality and safety of animal and aqua feeds as referred to in relevant technical regulations issued by the Government and included as part of the applied product standards published by manufacturers or distributors, or specific written requirements set out by competent authorities.

Article 19. Processes and procedures for inspection and certification of quality of exported or imported animal and aqua feeds

1. Application for inspection and certification of quality of exported or imported animal and aqua feeds shall include:

a) Application form for inspection and certification of quality of animal and aqua feeds by adopting the Form No. 17 given in the Appendix hereto attached.

b) Certified photocopy of the following documents, held by the importing organization or individual: Sale and purchase agreement, packing list, invoice, certificate of analysis and manufacturer’s product label; copy of the applied standard of the importing entity.

c) Review report on import and consumption of lots of animal feeds containing antibiotics imported earlier and plan for consumption of animal feeds containing antibiotics that await import customs clearance according to the Form No. 18 given in the Appendix hereto attached.

2. Application for inspection and certification of quality of exported animal and aqua feeds shall include:

a) Application form for inspection and certification of quality of exported animal and aqua feeds (03 copies) by adopting the Form No. 17 given in the Appendix hereto attached; request for quality indicators subject to inspection and accreditation.

b) Authenticated duplicate of sale and purchase agreement and quality declaration documentation.

3. Application for inspection and certification of quality of recalled or returned animal and aqua feeds shall include:

a) Application form for inspection and certification of quality (03 copies) by adopting the Form No. 17 given in the Appendix hereto attached.

b) Certified duplicate copy of sale and purchase agreement, certificate of quality of lots of animal and aqua feeds prior to export (where available), product recall letter or return notice wherein reasons for such recall or return should be clearly stated.

4. Processes for application for inspection and certification of quality of exported and imported animal and aqua feeds shall include:

a) Enterprise makes a set of documents submitted to apply for inspection and send it to the inspecting entity.

b) Upon receipt of application for inspection, within the maximum duration of 03 business days, the inspecting entity reviews and provides guidance on supplementation of documents or correction of those in breach of applicable laws and regulations;

Upon receipt of all required documents, within the duration of 03 business days, the inspecting entity will write its confirmation into the application form which specifies inspection contents, inspection time, date and venue.

Article 20. Policies on inspection of quality of imported animal and aqua feeds

1. The followings shall be exempted from inspection of quality of imported animal and aqua feeds:

a) Temporarily imported and re-exported animal and aqua feeds.

b) Animal and aqua feeds in transit or merchanting trade.

c) Animal and aqua feeds stored in the bonded warehouse.

d) Animal and aqua feeds used as sample products at exhibition or trade fair events.

dd) Animal and aqua feeds used as samples at testing laboratories.

e) Animal and aqua feeds used as samples for experiment and testing.

2. Policy on fixed-term exemption from quality inspection (not applied to animal and aqua feeds containing antibiotics)

a) For the purpose of this policy, it is required that inspection of related documents is performed, and organoleptic inspection and getting a sample for assessment of conformity are not performed within the permitted duration of 06 months.

b) This inspection system shall be applied to shipments of imported feed products meeting the following requirements: these products must be imported animal and aqua feeds of the same kind that are produced by the same manufacturer or imported by the same importer and of which certificates of quality are presented (according to the Form No. 19 given in the Appendix hereto attached) upon entry of 05 consecutive shipments thereof which are subject to the normal inspection or of 03 consecutive shipments thereof which are subject to the reduced inspection carried out within the definite term of fewer than 12 months before.

c) During the period of fixed-term exemption from quality inspection, the state inspecting entity or appointed organization tasked with monitoring goods under the policy for fixed-term quality inspection exemption may carry out random inspection of imported goods by employing the normal or ad-hoc inspection when there is any sign of violation against stipulated product quality standards. If there is sufficient grounds that these products fail to meet stipulated quality standards, actions must be taken in the same manner as applied to shipments of products in breach of quality standards and regulatory authorities having appropriate jurisdiction shall be advised to promptly cancel fixed-term exemption from quality inspection at the time when such violation has been detected, and switch to the tightened inspection system.

d) Importing organizations or individuals whose animal and aqua feeds conform to requirements above shall send their application package to the Ministry of Agriculture and Rural Development, including the following documents:

Application form for fixed-term exemption from inspection of quality of animal and aqua feeds (according to the Form No. 20 given in the Appendix hereto attached);

Certificate of quality of 05 consecutive shipments meeting requirements of the normal inspection system or certificate of quality of 03 consecutive shipments meeting requirements of the fixed-term reduced inspection system (a photocopy certified by the importing entity).

Within the stipulated duration of 10 business days of receipt of the valid submissions, the Ministry of Agriculture and Rural Development shall send importing organizations or individuals written notification of fixed-term exemption for quality inspection (according to the Form No.21 given in the Appendix hereto attached) and make a post on the Ministry’s website; in case of refusing to give permission to apply the fixed-term exemption from quality inspection, the Ministry of Agriculture and Rural Development must send a written response in which reasons for such refusal should be clearly stated.

Importing organizations or individuals shall be responsible for sending authenticated copies of documents about permission to apply the policy on fixed-term exemption from quality inspection to appointed organizations to write confirmation of such exemption in registration forms submitted to apply for inspection and accreditation of quality of specific imported shipments (according to the Form No. 17 given in the Appendix hereto attached) as the basis for customs clearance.

3. Fixed-term reduced inspection (not applied to animal and aqua feeds containing antibiotics)

a) Inspection manner: Documentation and organoleptic inspection shall serve the purpose of assessing conformity of a product in terms of information included in the documentation with information on the label or attached technical documentation; checking integrity, type and color of the product. The reduced inspection system shall last for a period of 12 months. This inspection system requires sampling of a feed product only if it is discovered that such product is not consistent with submitted documentation, displays any sign of threat to, and failure to meet, quality standards such as fusty, musty, intact package, and modified appearance and color which could cause adverse effects on quality and safety of the product, or requires the random sampling according to requirements of the process for monitoring and controlling product quality. If there is sufficient grounds that the product fails to meet stipulated quality standards, actions must be taken in the same manner as applied to shipments of products in breach of stipulated quality standards and regulatory authorities having appropriate jurisdiction shall be advised to immediately end the fixed-term reduced inspection at the time when such violation is found and switch to the tightened inspection.

b) This inspection system shall apply to shipments of imported feed products that meet one of the following requirements:

the product subject to this inspection system must be imported animal and aqua feeds of the same kind that are produced by the same manufacturer or imported by the same importer and of which certificates of quality are presented (according to the Form No. 19 given in the Appendix hereto attached) upon entry of 03 consecutive shipments thereof which are subject to the normal inspection within the definite term of fewer than 12 months before;

This product has been accredited as meeting stipulated quality and safety requirements by an organization having appropriate competency of the country with which Vietnam has entered into a mutual recognition arrangement during the process of inspection of animal and aqua feed quality; or by a testing laboratory assessed and recognized by the Ministry of Agriculture and Rural Development.

c) Importing organizations or individuals whose animal and aqua feeds conform to requirements of the fixed-term reduced inspection shall send their application package to the Ministry of Agriculture and Rural Development, including the following documents:

Application form for application of the fixed-term reduced inspection system (according to the Form No. 20 given in the Appendix hereto attached);

Certificate of quality stating that 03 consecutive shipments have met stipulated quality standards according to the normal inspection system (a photocopy certified by an importing organization or individual) or certificate of fulfillment of quality and safety requirements by an organization having appropriate competency of the country with which Vietnam has entered into a mutual recognition arrangement during the process of inspection of animal and aqua feed quality, or by a testing laboratory recognized by the Ministry of Agriculture and Rural Development (an original or certified duplicate copy);

Within the stipulated duration of 10 business days of receipt of the valid submissions, the Ministry of Agriculture and Rural Development shall send importing organizations or individuals written notifications of whether they are permitted to apply the fixed-term reduced inspection (according to the Form No.21 given in the Appendix hereto attached) and make a post on the Ministry’s website; in case of refusing to give permission to apply the fixed-term reduced inspection, the Ministry of Agriculture and Rural Development must send a written response in which reasons for such refusal should be clearly stated.

Importing organizations or individuals shall be responsible for sending authenticated copies of documents about permission to apply the fixed-term reduced inspection to appointed organizations that carry out inspections under the provisions of Point a Clause 4 of this Article.

4. Normal inspection

a) Inspection manner: Documentation, organoleptic inspection and collection of representative samples for analysis of at least 01 safety indicator and 01 quality indicator included in the applied standards or relevant national technical regulations, which ensure that level of safety and quality of the inspected product is duly measured. With respect to animal feeds containing antibiotics, it is compulsory for all types of antibiotics contained in these feed products to be inspected.

The inspecting entity or appointed organization shall determine specific indicators and bear responsibility for inspection results and evaluation of quality and safety of animal and aqua feeds.

b) This inspection system shall be applied to shipments of imported feed products which are not covered by provisions set forth in Clauses 1, 2, 3 and 5 of this Article.

5. Tightened inspection

a) Inspection manner: Documentation, organoleptic inspection and sampling of all production batches for analysis of at least 50% of safety indicators prescribed in the relevant national technical regulations and at least 50% of quality indicators prescribed in the applied standards, and other indicators (if any) as requested in writing by the Ministry of Agriculture and Rural Development. The tightened system shall be applied to 03 consecutive shipments on arrival.

b) This inspection system shall be applied to imported shipments if:

Previously imported products fail to meet quality and safety requirements as prescribed;

Imported goods are included in the list of animal and aqua feeds exposed to high food safety risks which is issued by the Ministry of Agriculture and Rural Development or originate from areas posing high risks of human, animal and environmental safety which are warned of by the Ministry of Agriculture and Rural Development;

The Ministry of Agriculture and Rural Development has issued a written request for application of the tightened inspection system when it is determined that quality of products sold in the market does not meet required quality standards or issued a written document that gives a warning of factors threatening human, animal and environmental safety of domestic or foreign organizations or individuals concerned.

Article 21. Recall and treatment of animal and aqua feeds in violation of stipulated quality standards

1. Upon receipt of the decision from a competent authority on mandatory recall of animal and aqua feed products, traders whose animal and aqua feeds need to be recalled shall promptly notify their customers to halt trading and use of these feed products and take actions to recall all of these products for their treatment sites at the request of the regulators. Defaulting traders must explain reasons for failure to recall the remaining quantity of animal and aqua feed products to which the regulator’s consent must be obtained, and assume responsibility for providing any necessary remedy.

2. Competent authorities must set up a Council tasked with overseeing the process of recalling and treating animal and aqua feeds in breach of stated quality standards to ensure compliance with applicable laws and regulations on product and commodity quality and environment; make an immediate post on the website of the Ministry of Agriculture and Rural Development that is charged with imposing penalties for offences arising from animal and aqua feeds in breach of stipulated quality standards that are subject to compulsory recalls.

Article 22. Sources of finances for regulatory management of animal and aqua feeds

1. Fund for regulatory management of animal and aqua feeds shall be derived from the state budget’s annual current allocations or appropriations to entities or authorities exercising regulatory authority over animal and aqua feeds under applicable laws and regulations on delegation of authority over the state budget.

2. Fund for regulatory management of animal and aqua feeds shall be mobilised from participation or contribution by domestic or overseas entities or individuals and other legitimate receipts.

Drawing up the budget plan, managing and utilizing the fund for regulatory management of animal and aqua feeds shall be subject to regulations enshrined in the Law on State Budget.