Thông tư 30/2009/TT-BNNPTNN

CIRCULAR

PRESCRIBING VETERINARY HYGIENE EXAMINATION AND CONTROL OF ANIMAL PRODUCT PRODUCTION AND TRADING AND SLAUGHTER OF ANIMALS FOR FOOD

THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to the Government's Decree No. 01/2008/ND-CP of January 3, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development;
Pursuant to the April 29, 2004 Animal Health Ordinance;
Pursuant to the Government's Decree No. 33/2005/ND-CP of March 15, 2005, detailing a number of articles of the Animal Health Ordinance;
Pursuant to the Government's Decree No. 119/2008/ND-CP of November 28, 2008, amending and supplementing a number of articles of the Government's Decree No. 33/2005/ND-CP of March 15, 2005, detailing a number of articles of the Animal Health Ordinance;
The Ministry of Agriculture and Rural Development prescribes veterinary hygiene examination and control of animal product production and trading and slaughter of animals for food as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subject:, of application

1. Scope of regulation:

This Circular prescribes the examination and control of animal product production and trading and slaughter of animals for food, covering the elaboration and implementation of examination and control plans, establishment of systems to examine, control and use veterinary drugs and feeds in cattle and poultry raising, handling of violations, and assignment of implementation responsibilities of agencies.

2. Subjects of application:

This Circular applies to domestic and foreign organizations and individuals engaged in animal product production and trading and slaughter of animals for food.

Article 2. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. Animal products means meat of cattle or poultry, eggs of poultry, milk, fresh and preliminarily processed dairy products used as food.

2. Animal product production means raising of cattle and poultry to obtain animal products for food.

3. Animal product producer (below referred to as producer) means an agency, unit, organization or individual engaged in animal product production.

4. Animal product trading involves the collection, preliminary processing, preservation, division, packaging, transportation, distribution, sale agency, trading, export and import of animal products.

5. Animal product trader (below referred to as trader) means an agency, unit, organization or individual engaged in animal product trading.

6. Slaughter of animals means the slaughter of cattle, poultry and other animals for food.

7. Animal slaughterhouse means an organization or individual engaged in animal slaughter.

Chapter II

VETERINARY HYGIENE EXAMINATION AND CONTROL

Article 3. Elaboration and implementation of plans

1. Plans on veterinary hygiene examination and control of animal products for export and import:

a/ Elaboration of plans:

The Animal Health Department shall assume the prime responsibility for elaborating annual examination and control plans and submitting them to the Ministry of Agriculture and Rural Development for approval and allocation of funds for implementation.

b/ Implementation:

After the Ministry of Agriculture and Rural Development approves and allocates funds for implementation of examination and control plans and analysis of samples, the Animal Health Department shall implement these plans and report to the Ministry of Agriculture and Rural Development on examination and control and sample analysis results and plans for the following year and notify them to competent authorities of animal product importing countries at request.

c/The Departments of Planning: Finance: and Science. Technology and Environment of the Ministry of Agriculture and Rural Development: and the Department of Agro-Forestry and Fishery Product Quality Control shall coordinate with the Animal Health Department in elaborating and implementing annual plans on examination, control and analysis of samples of animal products.

2. Plans on veterinary hygiene examination and control of animal products for domestic consumption:

Agriculture and Rural Development Departments of provinces and centrally run cities (below referred to as provinces) shall:

a/ Assume the prime responsibility for elaborating annual examination and control plans and submitting them to provincial-level People's Committees for approval and allocation of funds for implementation;

b/ Direct Animal Health Branches in coordinating with concerned provincial departments and branches in implementing approved plans.

Article 4. Time frames for examination, control and sample taking

1. Examination, control and sample taking for analysis at producers and traders and animal slaughterhouses shall be conducted during February-April and October-December every year under approved plans.

2. Quantities and types of samples to be taken conform with plans. When necessary, sample taking and examination may be conducted unexpectedly.

Article 5. Agencies responsible for taking samples for analysis

1. Central Veterinary Hygiene Examination Centers I and II shall take samples to test microorganism contamination indicators and analyze toxic residues in animal products in localities under their management according to plans approved and funded by the Ministry of Agriculture and Rural Development.

2. Animal Health Branches shall take samples to test microorganism contamination indicators and analyze toxic residues in animal products according to plans approved and funded by provincial-level People's Committees.

Article 6. Sample taking and analysis

The taking and quantities of samples and analysis of residues conform with annual plans.

Article 7. Storage of analysis results

Sample analysis results shall be stored at analysis agencies and sent to concerned agencies.

Article 8. Examination and control of exported and imported animal products

1. The sample taking for quarantine of exports and imports complies with regulations on exports and imports quarantine.

2. The quantity of samples to be taken for testing and analysis depends on the volume of the export or import lot concerned.

3. Indicators to be tested and analyzed are based on requirements of importing countries and Vietnam's law.

4. When a lot of goods is detected to contain microorganisms and toxic residues in excess of allowable limits, test and analysis results shall be promptly notified to the producer or trader or animal slaughterhouse which shall take remedy measures under regulations.

5. Quarantine dossiers shall be kept at quarantine agencies.

Article 9. Notification of plans and reporting on annual examination and control results

Concerned agencies and units specified in Chapter VI of this Circular shall notify annual examination and control plans; and annually report on control results, quantities of analyzed samples, numbers of indicators to be analyzed and handling of analyzed samples, to importing countries or concerned agencies.

Chapter III

EXAMINATION AND CONTROL SYSTEM

Article 10. The system of veterinary hygiene examination and control of producers and traders and animal slaughterhouses includes:

1. For veterinary hygiene examination and control of animal products for export and import:

a/ The Animal Health Department.

b/ Regional animal health agencies.

c/ Central Veterinary Hygiene Examination Centers I and II.

d/ Central Veterinary Drug Testing Centers I and II.

e/ Concerned Animal Health Branches.

2. For veterinary hygiene examination and control of animal products for domestic sale:

a/ Provincial-level Agriculture and Rural Development Departments.

b/ Animal Health Branches.

c/ District-level animal health stations.

Article 11. Subject to examination and control of animal product production and trading and animal slaughter are:

1. Enterprises that produce and trade in animal products for domestic sale, export and import.

2. Establishments that slaughter animals for domestic sale and export of animal products.

3. Cattle and poultry raising establishments.

4. Animal feed production establishments.

Article 12. Tasks and powers of units within the examination and control system

Units within the examination and control system shall, within their tasks and powers, perform assigned jobs to ensure a complete examination and control process, from production to slaughter of animals, transportation, collection, preliminary processing, packaging, preservation and trading of animal products for food.

Article 13. Obligations of examined and controlled establishments

Producers and traders and establishments slaughtering animals for food are subject to the management and control of competent state management agencies under regulations and shall supply related documents, information and samples for examination and control and perform obligations under law.

Chapter IV

USE OF VETERINARY DRUGS AND FEEDS IN ANIMAL RAISING

Article 14. Use of veterinary drugs in animal raising

1. Only drugs on the list permitted for production and trading promulgated by the Ministry of Agriculture and Rural Development may be used to prevent and cure animal diseases.

Use of antibiotics on the list banned from use in animal raising is strictly prohibited.

2. Drugs shall be bought only from licensed veterinary drug stores.

3. Labels of veterinary drugs used in animal raising must fully contain information under regulations and clearly indicate ingredients and indications on animal diseases, and use instruction.

4. Drugs shall be used according to indications shown in labels and use instructions of producers. Animal raising establishments must have books to record animal diseases and handbooks on treatment of animal diseases.

5. Organizations and individuals raising animals for supply to establishments that slaughter animals for export shall, apart from complying with the laws on use of veterinary drugs and feeds in animal raising, satisfy requirements of importing countries.

Article 15. Use of feeds in animal raising

1. Labels of feeds for animal raising must clearly indicate ingredients, use instruction and manufacture and expiry dates under regulations.

2. Mixing antibiotics on the list banned from use and hormones with feeds is strictly prohibited.

Chapter V

HANDLING OF VIOLATIONS

Article 16. Handling of substandard animal products detected through examination and control

1. When animal products are detected through sample testing and analysis to have veterinary hygiene indicators in excess of allowable limits, animal health agencies shall handle them in the following steps:

a/ Immediately notifying test and analysis results to producers or traders or animal slaughterhouses;

b/ Requesting enterprises to take adjustment measures accordingly:

c/ Proposing competent agencies to promptly suspend the sale of animal products of violating producers and traders and animal slaughterhouses;

d/ Investigating, examining and re-evaluating animal product producers and traders and animal slaughterhouses and based on investigation, examination and reevaluation results, requesting these establishments to take necessary measures to eliminate causes. The sale of animal products may only continue after causes are identified and effective handling measures are taken and recognized.

2. The Animal Health Department and provincial-level Agriculture and Rural Development Departments shall direct concerned agencies in inspecting, examining and controlling violating establishments for one year.

3. The Animal Health Department shall handle violating producers and traders of animal products and establishments slaughtering animals for export and import. Provincial-level Agriculture and Rural Development Departments shall handling violating producers and traders of animal products and establishments slaughtering animals for domestic sale.

Article 17. Handling of substandard exported and imported animal products

1. When a lot of exports is detected by the importing country to contain microorganisms or residues in excess of allowable limits or have improper origin, the owner of this lot shall report such to the Animal Health Department for coordination with concerned agencies and the importing country in handling the lot. The owner shall bear all expenses for such handling.

2. When a lot of animal products imported into Vietnam fails to meet standards, competent Vietnamese state management agencies shall handle it according to the law of the Vietnamese State and international practice and concurrent^ notify the competent animal health agency of the exporting country of these products' failure to meet veterinary hygiene requirements.

Article 18. Handling of producers and traders and animal slaughterhouses whose hygiene conditions fail to meet veterinary hygiene requirements

1. Requesting establishments to take remedy such as repair and upgrading of production workshops, technological lines and technical process up to prescribed standards.

2. Proposing competent authorities to suspend from operation for remedy establishments that fail to meet veterinary hygiene requirements.

3. Proposing termination of operation or not granting business licenses to producers and traders and animal slaughterhouses that repeat violations or fail to remedy their problems when these establishments have not been verified or re-evaluated by assigned functional agencies within the examination and control system.

Chapter VI

ORGANIZATION OF IMPLEMENTATION

Article 19. Responsibilities of the Animal Health Department

1. To elaborate, submit for approval, implement and guide the implementation of examination and control plans and testing of microorganisms and analysis of residues in animal products at for-export animal product producers and traders and animal slaughterhouses.

2. To guide Animal Health Branches in monitoring and controlling the production and use of veterinary drugs in animal raising, animal disease treatment and preservation of animal products.

3. To coordinate with producers and traders and the animal raising association in training and guiding animal raisers in use of chemicals and veterinary drugs in animal raising and animal disease treatment and regulations on good animal health practice (GAHP); and applying the Hazard Analysis and Critical Control Point (HACCP) system to animal slaughter and preliminary processing and preservation of animal products.

4. To guide the handling of use of banned chemicals and antibiotics in animal raising.

5. To monitor activities of agencies, units and enterprises engaged in the production, preliminary processing and trading of animal products, and animal slaughter within the examination and control system: to propose and implement long-term and annual examination and control programs, plans and campaigns.

6. To regularly sum up information, analyze, evaluate and adjust activities to meet requirements.

7. To propose adjustments and handle violations of regulations on animal product production, preliminary processing and trading and animal slaughter.

8. To review annual plans and make reports on plan implementation, plan adjustments and handling of violations of regulations on animal product production, preliminary processing and trading and animal slaughter.

Article 20. Responsibilities of regional animal health agencies

1. To guide and coordinate with Animal Health Branches in managing and controlling the production, preliminary processing, trading and sale of animal products by producers, processors and traders in localities under their management.

2. To examine and control production, preliminary processing, trading and sale of animal products by producers, processors, traders and animal slaughterhouses in localities under their management.

3. To quarantine and grant quarantine certificates to. exported and imported animal products under regulations, and exported animal products at the request of importing countries or product owners.

4. To make adjustments and handle violations in animal product production, preliminary processing and trading.

5. To report to the Animal Health Department on. and notify concerned organizations and individuals of. results of these activities.

Article 21. Responsibilities of Central Veterinary Hygiene Examination Centers I and II

1. To conduct examination and control: To take, test and analyze samples according to approved annual plans; to sum up and report on statistics to the Animal Health Department after each sample taking, analysis, testing and examination; to implement programs to raise awareness of those engaged in animal product production and trading and animal slaughter; to popularize and apply GAHP measures.

2. To participate in the inspection, examination and control of producers, processors, traders and animal slaughterhouses and popularize and guide animal raisers, processors and traders and animal slaughterhouses in taking veterinary hygiene measures for animal products.

3. To examine veterinary hygiene conditions of animal raising and slaughterhouses and animal product processing and preserving establishments; to test microorganisms and analyze toxic residues in animal products and feeds at the request of provincial Animal Health Branches.

Article 22. Responsibilities of Central Veterinary Drug Testing Centers I and II

1. To guide veterinary drug manufacturers and traders in doing business under regulations.

2. To participate in the implementation of programs and plans to inspect, examine and control veterinary drug manufacturers and traders for animal raising and animal disease treatment.

Article 23. Responsibilities of provincial-level Agriculture and Rural Development Departments

1. To elaborate annual plans to examine and control producers, processors and traders and animal slaughterhouses in their localities.

2. To direct Animal Health Branches in examining and controlling producers and traders and animal slaughterhouses in localities under their management.

Article 24. Responsibilities of Animal Health Branches

1. To examine and supervise producers, processors and traders and animal slaughterhouses according to annual plans of their localities.

2. To manage, monitor and supervise the production and use of chemicals and veterinary drugs in animal raising in localities under their management.

3. To popularize and guide animal raisers, processors and traders and animal slaughterhouses in applying veterinary hygiene measures to animal products.

4. To coordinate with agencies of the Animal Health Department in inspecting, examining and supervising producers and traders in localities under their management.

5. To handle violations of using banned chemicals and antibiotics in animal raising.

Article 25. Responsibilities of producers and traders and animal slaughterhouses

1. To observe regulations on good manufacture practice (GMP) and GAHP; to apply the HACCP system to animal slaughter and animal product preliminary processing and preservation.

2. To use only chemicals and veterinary permitted by the Ministry of Agriculture and Rural Development. Not to use toxic chemicals and banned antibiotics in animal raising and animal product processing and preservation.

3. To regularly report on the situation of animal diseases and animal product production and trading to concerned agencies for handling.

4. To make animal lists to monitor animals; to keep records to monitor and control the origin of each lot of animal products for tracing purposes.

5. To take and send samples for testing and analysis according to annual plans.

6. To join concerned agencies in examining and controlling residues and contaminated microorganisms in animal raising and slaughter, and preliminary processing, packaging and preservation of and trading in animal products for export, import and domestic sale.

7. To organize training to improve knowledge for those engaged in animal raising and slaughter and animal product preliminary processing, packaging, preservation and trading; to exchange information to make timely adjustments and address existing problems.

8. To notify concerned units of their operation, violations and their handling and related information.

Chapter VII

IMPLEMENTATION PROVISION

Article 26. Effect

This Circular takes effect 45 days from the date of its signing.-