Thông tư 24/2014/TT-BNNPTNT

CIRCULAR

REGULATIONS ON CONDITIONS FOR FOOD SAFETY ASSURANCE WITH RESPECT TO AGRICULTURAL PRODUCT WHOLESALE MARKETS AND AGRICULTURAL PRODUCT AUCTION MARKETS

Pursuant to the Government’s Decree No. 199/2013/NĐ-CP dated November 26, 2013 defining the functions, tasks, entitlements and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Law on Food Safety in 2010;

Pursuant to the Government's Decree No. 38/2012/NĐ-CP dated April 25, 2012, detailing the implementation of some articles of the Law on Food Safety;;

At the request of Director General of National Agro - Forestry - Fisheries Quality Assurance Department;

The Minister of Agriculture and Rural Development promulgates the Circular regulating conditions for food safety assurance with respect to agricultural product wholesale markets and agricultural product auction markets;

Chapter I

GENERAL PROVISIONS

Article 1. Governing scope

This Circular regulates conditions for food safety assurance with respect to agricultural product wholesale markets and agricultural product auction markets.

Article 2. Regulated entities

This Circular applies to market management boards or entities that are involved in the operation and management of markets (hereinafter referred to as the market management board); organizations, individuals trading agricultural products in wholesale markets and agricultural product auction markets.

Article 3. Interpretation of terms

In this Circular, some terms are construed as follows:

1. Agricultural product wholesale market means a fixed place where activities of buying and selling agricultural food goods (hereinafter referred to as the products) take place and such goods are then distributed to retail markets or other circulation channels.

2. Agricultural product auction market means a fixed place where activities of buying and selling agricultural food goods (hereinafter referred to as the products) take place in the form of auction and such goods are then distributed to retail markets or other circulation channels.

Agricultural product wholesale markets and agricultural product auction markets are hereinafter referred to as the markets.

Chapter II

PROVISIONS

Article 4. Requirements for locations

1. Must conform to the planning for market network development across the country and in individual localities;

2. Must have passage-ways to facilitate delivery and loading of the products;

3. Must have water and power supply sources to meet demands;

4. Ensure no floods or water stagnation;

5. Ensure no adverse effects of pollution sources;

Article 5. Requirements for arrangement and structure

1. Market space must be arranged appropriately from area to area to prevent potential contamination to the products and ensure convenience for market activities. The following areas must be partitioned off:

a) Offices, management, food and beverage services;

b) Areas selling fresh preliminarily processed, frozen products;

c) Areas selling processed, packaged and dried products;

d) Restrooms, waste collection and treatment area, wastewater treatment area, parking lot, fire prevention and fighting equipment area, water pump station, and water storage pit.

2. Floor of the market must be made firm and hard enough to withstand loads and abrasion, provide good drainage and anti-slip surface, no water stagnation and ease of cleaning, an appropriate slope to drain water to lower level for avoidance of pollution.

3. Ceiling or roof must be firmly constructed, well-ventilated, free of water penetration, cracks, moss, water stagnation and adhesion of dust.

4. Walls, partitions, indoor columns must be designed in such a way to provide convenient access for cleaning.

5. The market must be naturally or artificially well-lit. Light (its source and intensity) must be adequate for perception and evaluation of the products in the market.

6. Areas displaying the products for sale must be arranged in such a way to provide easy access and perception of product quality and ensure no contamination to the products.

7. A water supply system must be constructed in the market to meet demands for water. Water storage pit and faucets must be arranged in a position easily accessible.

8. Ventilation system must conform to the requirements for product storage, ensuring all the areas displaying the products for sale are well-ventilated.

9. Passage-ways in the market must be spacious, firm, and free of water stagnation.

Article 6. Requirements for water, ice

1. Water used for preservation and treatment of the products must meet the requirements for food safety as stipulated in National technical regulation on tap water quality under QCVN 02:2009/BYT of the Ministry of Health.

2. Water tanks, containers, pipelines must be regularly cleaned.

3. Ice used for preservation and treatment of the products must meet conditions for food safety and hygiene.

Article 7. Requirements for facilities, equipment in direct contact with products

1. Must be made from appropriate material, ensuring no contamination of toxic substances and alien odors to the products; no rust.

2. Surfaces in direct contact with the products are easy to clean and disinfect.

3. Must be thoroughly cleaned before and after market activities and must be regularly cared and maintained.

4. Essential facilities and equipment must be available for storage and preservation of the products.

Article 8. Requirements for cleaning

1. Must have a process and regulation on cleaning in the market;

2. Cleaning and disinfecting tools and equipment must be adequately provided depending on scale of market.

3. Differentiate tools that are used to clean surfaces in direct contact with the products and other tools.

4. Must have a separate area for storage of cleaning tools;

Article 9. Requirements for preventing and controlling harmful animals and insects

1. The market management board must take appropriate measures to prevent harmful animals and insects from breaking into the market.

2. Take immediate and appropriate measures upon detecting presence of harfum animals and insects in the market.

Article 10. Requirements for restrooms

1. Restrooms must be separated from product display areas and kept constantly clean. Male and female restrooms must be differentiated.

2. Quantity of restrooms must meet capacity to serve the market.

Article 11. Requirements for product delivery

1. Vehicles and tools storing the products must be made of durable, watertight, rustless, wearless and easy to clean material.

2. Conditions for storage during delivery must depend on nature of each product.

3. Do not transport the products along with others that may cause contamination. Any vehicle that has already used for transport of other products must be thoroughly cleaned and disinfected before it is used to transport the products.

4. Unloading and delivery of the products must be carried out in a quick and neat manner in order not to cause any adverse effect on product quality and pollution to the products.

Article 12. Requirements for retrieval of product origin

Any product sold in the market must have clear origin to serve retrieval of origin later on under the regulations on retrieval of products.

Article 13. Requirements for collection of waste and scrap

1. Waste and scrap must be regularly collected and transported to an area completely separate from product display areas.

2. Vehicles used for collection must ensure no contamination to the products.

3. An area for gathering waste and scrap must be made available for transport out of the market at the end of day.

Article 14. Requirements of households or entities trading in market

1. Owners and persons who are trading food in the market must obtain certificate of proficiency in food safety according to the Joint Circular No. 13/2014/TTLT-BYT-BNNPTNT-BCT dated April 09, 2014 providing guidance on assignment and cooperation in state management on food safety.

2. Owners and persons who are trading in the market must register check-up and obtain medical fitness confirmations as regulated by the Ministry of Health.

3. Thorough cleaning must be done before direct contact with the products or after going from restrooms; general sanitation must be maintained; spitting or littering in product display areas are prohibited.

4. Cleaning, washing or disinfection must be done to the display areas in one’s own possession at the end of day.

5. Any facilities, tools used for storage of clean products must ensure no contamination to the products.

6. Placing for sale preliminarily processed or completely processed products direct on floor is unacceptable.

7. Only cleaning chemicals and antiseptics regulated by the Ministry of Health are allowed for cleaning facilities, tools.

8. In case storage or treatment of products require food additives, instructions as prescribed in the Circular No. 27/2012/TT-BYT dated November 30, 2012 of the Minister of Health on management of food additives must be executed.

9. Comply with the investigation of state management agencies and market management boards into food safety with respect to the products sold in the market;

Article 15. Requirements for inspection and monitoring of food safety in market

1. Market management boards shall be responsible for inspecting, monitoring and warning households, entities trading in the market, buyers about compliance with the regulations on food safety.

2. Market management boards shall be responsible for cooperating with functional agencies in inspecting and monitoring food safety in the market; making early notifications to functional agencies upon finding relevant organizations, individuals’ failures to comply with the regulations on food safety assurance in the market and cooperating handling on request.

3. Officials of market management board assigned the duties to inspect and monitor food safety must pass training in inspection and monitoring of food safety.

4. Organize services of testing and inspecting basic criteria for food safety with respect to first grade market as prescribed in Point a, Clause 2, Article 3 of the Government’s Decree No. 02/2003/NĐ-CP dated January 14, 2003 on market development and management;

Article 16. Transitional provision

Any market that operated before January 01, 2015 shall execute the regulations on conditions for food safety prescribed hereof since January 01, 2016.

Chapter III

IMPLEMENTATION

Article 17. Effect

This Circular takes effect since January 01, 2015.

Article 18. Implementation

Chief of the Ministry Office, Director General of National Agro - Forestry - Fisheries Quality Assurance Department, heads of relevant units affiliated to Ministries, directors of the Services of Agriculture and Rural Development of central-affiliated cities and provinces and other relevant organizations or individuals shall be responsible for executing this Circular.

Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Agriculture and Rural Development (National Agro - Forestry - Fisheries Quality Assurance Department) for early handling./.