Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Circular deals with the assessment and certification of compliance with food safety regulations of agro-forestry-fishery food manufacturing and trading businesses under the management of Ministry of Agriculture and Rural Development; responsibilities and authority of parties involved.
Article 2. Subjects of application
1. Agro-forestry-fishery food manufacturing and trading businesses that are put under the control of Ministry of Agriculture and Rural Development, except the followings:
a) Small-scale initial production businesses;
b) Food production and trading businesses that do not have fixed locations or fishing vessels with the maximum length of at least 15 meters;
c) Small-scale food processing businesses;
d) Small-scale food trading businesses;
dd) Ready-to-eat food trading businesses;
e) Agro-forestry-fishery production and trading businesses that have already been awarded one of the following certificates: Good Manufacturing Practices (GMP), Hazard Analysis and Critical Control Point (HACCP) System, Food Safety Management System ISO 22000, International Food Standard (IFS), Global Standard for Food Safety (BRC), Food Safety System Certificate (FSSC 22000) or equivalent, all of which must remain valid.
g) Agro-forestry-fishery production and trading businesses that export their products to countries and territories imposing requirements for health certification (food safety certification) granted by competent authorities under the management of the Ministry of Agriculture and Rural Development in accordance with its regulations.
(hereinafter referred to as business).
2. Entities, organizations or individuals whose business activities are related to agro-forestry-fishery food product manufacturing and trading activities of those prescribed in clause 1 of this Article.
Article 3. Definition
For the purposes of this Circular, terms used herein shall be construed as follows:
1. Extremely serious defect means a deviation from technical standards regulations or national standards or regulations that results in impacts on food safety.
2. Serious defect means a deviation from technical standards or national standards or regulations that will result in impacts on food safety if it lasts long, but is not deemed extremely serious.
3. Minor defect means a deviation from technical standards regulations or national standards or regulations that may cause impacts on food safety or hinder the control of food safety.
4. Agro-forestry-fishery food trading business refers to an entity performing a single, certain or all of activities and services, such as launching, preserving, transporting or trading agro-forestry-fishery food or salt products.
5. Business carrying out the initial manufacturing of an agro-forestry-fishery food product means an entity performing a single, certain or all of activities and services, such as growing, farming, cultivation, harvest, catching and production of agro-forestry-fishery food products and manufacturing of salt products.
6. Tracing of a product origin means a search for the product creation and circulation process.
7. Assessment means an inspection and verification of legitimacy of documentation and actual conditions of food safety of an agro-forestry-fishery food production and trading business.
Article 4. Bases for assessment of requirements for compliance with food safety regulations
1. National technical regulations and national standards.
2. Legislative documents and regulatory documents related to food safety of agro-forestry-fishery products.
Article 5. Assessment bodies
1. Assessment bodies at the central level shall be General Departments or specialized Administrations affiliated to the Ministry of Agriculture and Rural Development that perform tasks assigned by the Ministry of Agriculture and Rural Development.
2. Assessment bodies at the local level shall be designated under decisions of provincial People’s Committees, depending on their authority delegated by the Ministry of Agriculture and Rural Development, actual situations of localities and proposals of Departments of Agriculture and Rural Development.
Article 6. Assessment forms
1. Assessment serving ranking purposes refers to a form of assessment that is carried out upon receipt of a prior notice, is aimed at fully checking and verifying information regarding requirements for compliance with food safety regulations of those business entities stipulated in clause 1 of Article 7 herein. This assessment shall be applied to:
a) Businesses subject to the initial assessment;
b) Businesses that have already been assessed as those satisfying requirements for compliance with food safety regulations, and are repaired or expanded since then;
c) Businesses that have already been assessed as those not satisfying requirements for compliance with food safety regulations and then have already taken actions to correct and remedy defects or defects;
d) Businesses that have already been assessed as those satisfying requirements for compliance with food safety regulations, but have suspended periodic assessments longer than the prescribed duration of 06 months;
dd) Businesses that have already been awarded certificates of compliance with food safety regulations which have been revoked though, or have changed their owners and have changed requirements for their compliance with food safety regulations compared with those determined in the initial assessment.
2. Periodic assessment serving evaluation purposes refers to a form of assessment which is carried out without a prior notice, is applied to businesses that have already been ranked as those meeting requirements for compliance with food safety regulations in order to oversee their maintenance of conformance to requirements for compliance with food safety regulations.
Article 7. Assessment contents and methods
1. Assessment contents:
a) Facilities, equipment;
b) Personnel participating in food product manufacturing, trading and food safety management activities;
c) Compliance with regulations, national technical standards and regulations on the program for management of food safety and labeling of products;
d) Collection of test samples: The sampling shall be carried out in case there is any suspicion that food products fail to meet requirements for compliance with food safety regulations; shall focus on those businesses that are presumed to attain rank C. Analysis indicators shall be designated based on the evaluation of food safety risks and must focus on matters failing the assessment designed for the purpose of evaluation of requirements for compliance with food safety regulations. The sampling and analysis of samples must be subject to applicable regulations.
2. Method of assessment: Reviewing and evaluating documents, materials and current conditions of conformance to requirements for compliance with food safety regulations, interviewing related persons and carrying out sampling where necessary.
Article 8. Rating forms
1. Rating forms shall comprise:
a) Rank A (good): Apply to businesses fully conforming to requirements for compliance with food safety regulations.
b) Rank B (satisfactory): Apply to businesses basically meeting requirements for compliance with food safety regulations. Certain defects still exist but do not cause any serious impact on food safety.
c) Rank C (unsatisfactory): Apply to businesses that have not yet conformed to requirements for compliance with food safety regulations.
2. Criteria for detailed ranking of businesses classified by types shall be defined in manuals for assessment, ranking and completion of assessment reports as provided in Appendix II and III hereto.
Article 9. Assessment frequency rate
Regulations on the frequency rate of assessment serving periodic evaluation purposes shall be applied to agro-forestry-fishery food production and trading businesses as follows:
1. Rank-A businesses: 1 time/ 18 months;
2. Rank-B businesses: 1 time/ 12 months;
3. Rank-C businesses: The time of re-assessment shall vary depending on the degree of defect of each business subject to the assessment and must be decided by the assessment body provided that such re-assessment is made at the time after 3 months from the time of the assessment giving them the rank C. If the time of the assessment coincides with the farming season that has already been completed, the re-assessment shall commence at the beginning of the succeeding season.
Article 10. Eligibility requirements of the Head and Member of the Assessment Team
1. Eligibility requirements of the Head of the Assessment Team:
a) Have professional qualifications in the assessment sector;
b) Have already completed professional and skill training courses in the assessment sector and other assessor training courses;
c) Have already participated in at least 05 assessments in the assessment sector.
2. Eligibility requirements of the Member of the Assessment Team
a) Have professional qualifications in the assessment sector;
b) Have already taken part in professional and skill training courses in the assessment sector and other assessor training courses.
3. Eligibility requirements of the sampling technician
a) Have appropriate professional qualifications;
b) Hold diplomas or certificates in sampling or obtain diplomas or certificates of completion of sampling training courses.
Article 11. Fees
Collection of fees for the assessment serving the purposes of granting food safety certificates, fees for the assessment designed for the periodic evaluation of conformance to requirements for compliance with food safety regulations, and fees for the assessment serving the purposes of testing food safety knowledge, shall be subject to laws on fees and charges.
Tìm kiếm
Thông tư 38/2018/TT-BNNPTNT quy định về thẩm định, chứng nhận cơ sở sản xuất, kinh doanh thực phẩm nông, lâm, thủy sản đủ điều kiện an toàn thực phẩm thuộc phạm vi quản lý của Bộ Nông nghiệp và Phát triển nông thôn (Bản Word)
