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MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT OF VIETNAM
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 10/2022/TT-BNNPTNT
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Hanoi, September 14, 2022
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CIRCULAR
AMENDMENTS TO SOME ARTICLES OF CIRCULAR NO.
09/2016/TT-BNNPTNT DATED JUNE 01, 2016 OF THE MINISTER OF AGRICULTURE AND RURAL
DEVELOPMENT ON ANIMAL SLAUGHTER CONTROL AND VETERINARY HYGIENE INSPECTION
Pursuant
to the Government’s Decree No. 15/2017/ND-CP dated February 17, 2017 on
functions, tasks, powers and organizational structure of the Ministry of
Agriculture and Rural Development;
Pursuant
to the Law on Food Safety dated June 17, 2010;
Pursuant
to the Law on Veterinary Medicine dated June 19, 2015;
Pursuant
to the Law on Animal Husbandry dated January 19, 2018;
Pursuant
to the Government’s Decree No. 15/2018/ND-CP dated February 02, 2018 on
detailing the implementation of a number of Articles of the Law on Food Safety;
Pursuant
to Government’s Decree No. 13/2020/ND-CP dated January 21, 2020 on elaboration
of the Law on Animal Husbandry; Government's Decree No. 46/2022/ND-CP dated
July 13, 2022 on amendments to a number of articles of the Government's Decree
No. 13/2020/ND-CP dated January 21, 2020 on elaboration of the Law on Animal
Husbandry;
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The
Minister of Agriculture and Rural Development hereby promulgates a Circular on
amendments to some Articles of Circular No. 09/2016/TT-BNNPTNT dated June 01,
2016 of the Minister of Agriculture and Rural Development on animal slaughter
control and veterinary hygiene inspection
Article
1. Amendments to some Articles of Circular No. 09/2016/TT-BNNPTNT dated June
01, 2016 of the Minister of Agriculture and Rural Development on animal
slaughter control and veterinary hygiene inspection
1. Clause 2 Article 4
shall be amended as follows:
“2.
Animals subject to slaughter must have verified origin as follows: It is
required to have certificate of quarantine of animals transported out of
province (for animals transferred from other provinces); documents including
invoices, vouchers and purchase and sale contracts, certificate of vaccination
or other equivalent documents or the animals have been declared according to
Article 4 of Circular No. 23/2019/TT-BNNPTNT dated November 30, 2019 of the
Minister of Agriculture and Rural Development on elaboration of some articles
of the Law on Animal Husbandry on livestock production activities (for animals
in a province) for the purpose of traceability.”
2. Clause 5 Article 5
shall be amended as follows:
“5.
Ante-mortem inspection of the cleaning, pasteurization and disinfection of the
slaughterhouse, equipment and tools used in the slaughterhouse under the
guidance of veterinary authorities specified in QCVN 01- 150:2017/BNNPTNT
issued together with Circular No. 13/2017/TT-BNNPTNT dated June 20, 2017 of the
Minister of Agriculture and Rural Development on the National Technical
Regulations in veterinary medicine sector (hereinafter referred to as “QCVN
01-150”).”
3. Clause 6 shall be
added after Clause 5 Article 6 as follows:
“6.
Post-mortem inspection of the cleaning, pasteurization and disinfection of the
slaughterhouse, equipment and tools used in the slaughterhouse under the
guidance of veterinary authorities specified in QCVN 01- 150.”
4. The phrase “khoản 6
(Clause 6)” shall be added before the phrase “Điều 6 (Article 6)” in Clause 2,
Article 8 and at Point b, Clause 2, Article 9.
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“c)
In the upper left corner of the stamp, there shall be an “animal quarantine”
logo whose diameter is 10,5-13mm. The upper right of the stamp shall display
the name of the provincial veterinary authority “SUBDEPARTMENT OF ........” in
Arial font, bold and size 10-14; if the name of the authority is too long to be
fully displayed;”
6. Clauses 1 and 2 Article
31 shall be amended as follows:
“1)
Letters displayed on the stamp shall be capital letters in Arial font; if the
name of the authority is too long to be fully displayed, the name of the
provincial veterinary authority shall be abbreviated
2.
The stamp ink must be made of a colorant on the list of food additives
permitted for use in food according to regulations of the Ministry of Health;
the color of ink must assure legibility and the ink must not become smeared
when branded; the stamp ink on carcasses must not change the quality of
meat/animal products and adversely affect consumers’ health.
7. Point b Clause 2
Article 32 shall be amended as follows:
“b)
Carcasses and meat cuts for sale: 01 “slaughter control” stamp shall be affixed
to the shoulder, the belly and the rump (regarding the carcass); or at a
position that facilitates the verification of completed veterinary hygiene
inspection (regarding the meat cuts).
8. Points a and b
Clause 2 Article 35 shall be amended as follows:
“a)
The provincial veterinary authority shall assign specific codes to slaughter
control and veterinary hygiene stamps according to the regulations on animal
quarantine codes to be applied to each district and each slaughterhouse; manage
and issue a code of slaughter control to the local slaughterhouse;
b)
The code of a slaughterhouse shall contain: 02 (two) first numeric characters
indicating province code; 02 (two) next numeric characters indicating the
district code; 02 (two) last numeric characters indicating ordinal numbers;
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“Article
36. Rules for veterinary hygiene inspection at establishments
1.
Bases for veterinary hygiene inspection
a)
Corresponding standards and technical regulations;
b)
Relevant legislative documents;
2. The
veterinary hygiene inspection and supervision of the establishments mentioned
at Point d, Section 2, Appendix I or the establishments applying for inspection
and supervision of veterinary hygiene (at the request of the importing country)
shall comply with the regulations of Articles 37 and 38 of this Circular.
3.
Certificates equivalent to veterinary hygiene certificate include Vietnamese
Good Agricultural Practices (VietGAHP), Global Good Agricultural Practice
(GLOBALG.A.P.), Good Manufacturing Practice (GMP), Hazard Analysis and Critical
Control Point (HACCP), Food Safety Management System ISO 22000, International
Food Standards (IFS), British Retailer Consortium (BRC), Food Safety System
Certification (FSSC 22000), Disease Safety Certificate, Certificate of
Livestock Eligibility, Certificate of Eligibility for feed production. An
establishment that has one of the above certificates is not required to apply
for veterinary hygiene certificate, unless otherwise requested by the importing
country.
4.
The samples taken from the inspections of veterinary hygiene of an
establishment shall be analyzed by the laboratory that has a certificate of
registration of testing activities in accordance with regulations.”
10. Article 37
shall be amended as follows:
“Article
37. Procedures for issuance, reissuance and revocation of the veterinary
hygiene certificate
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a)
Department of Animal Health for establishments whose business operation
involves export, a combination of export and domestic sale, or a combination of
export and import;
b)
Regional Sub-Departments of Animal Health, Regional Sub-Departments of Animal
Quarantine under the Department of Animal Health for establishments whose
business operation involves export, a combination of export and domestic sale,
or a combination of export and import in the provinces and central-affiliated
cities. To be specific:
Regional
Sub-Department of Animal Health I: Hanoi, Hoa Binh, Ha Nam, Nam Dinh, Ninh
Binh, Phu Tho, Vinh Phuc, Son La, Lai Chau, Dien Bien, Yen Bai.
Regional
Sub-Department of Animal Health II: Hai Phong, Thai Binh, Cao Bang, Ha Giang,
Tuyen Quang, Bac Kan, Thai Nguyen, Bac Giang, Bac Ninh, Hai Duong, Hung Yen.
Regional
Sub-Department of Animal Health III: Thanh Hoa, Nghe An, Ha Tinh, Quang Binh,
Quang Tri, Thua Thien Hue.
Regional
Sub-Department of Animal Health IV: Da Nang, Quang Nam, Quang Ngai, Phu Yen,
Khanh Hoa, Binh Dinh.
Regional
Sub-Department of Animal Health V: Gia Lai, Kon Tum, Dak Lak, Lam Dong, Dak
Nong.
Regional
Sub-Department of Animal Health VI: Ho Chi Minh City, Ninh Thuan, Binh Thuan,
Dong Nai, Ba Ria-Vung Tau, Binh Duong, Binh Phuoc, Tay Ninh, Long An, Tien
Giang, Ben Tre.
Regional
Sub-Department of Animal Health VII: Can Tho, Hau Giang, Vinh Long, Tra Vinh,
Dong Thap, An Giang, Soc Trang, Kien Giang, Bac Lieu, Ca Mau.
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Lang
Son’s Sub-Department of Animal Quarantine: Lang Son Lao Cai’s Sub-Department of
Animal Quarantine: Lao Cai
c)
Provincial veterinary authority: establishments that fall outside points a and
b of this Clause and establishments that serve domestic consumption.
2.
Veterinary hygiene certificate is valid for 03 (three) years. The form of
veterinary hygiene certificate shall comply with regulations of Form No. 06,
Appendix II issued with this Circular.
3.
Application for issuance of veterinary hygiene certificate includes:
a) An
application form for issuance/re-issuance of veterinary hygiene certificate,
which is made using the Form No. 01, Appendix II issued with this Circular.
b) An
original brief description of the establishment which is made using the Form
No. 02 in Appendix II enclosed with this Circular.
4.
Procedures for issuance of veterinary hygiene certificate:
a)
The owner of the establishment shall submit 01 (one) set of application for
issuance of the veterinary hygiene certificate to the competent agency
specified in clause 1 of this Article. The application can be submitted in
person, by fax, by mail, by post or via online public service (the original
application will be sent later);
b)
Within 01 (one) working day from the date of receipt of application for the
veterinary hygiene certificate, the competent agency shall consider its
adequacy and send a written notification to the establishment if the
application is unsatisfactory; if the owner of the establishment submits the
application in person, the recipient shall instruct and respond to the
applicant immediately;
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If
the establishment that has been issued with a veterinary hygiene certificate by
the competent agency specified at Points b and c, Clause 1, Article 37 wishes
to engage in export; export and domestic sale; import and export, the
Department of Animal Health shall conduct an inspection and acknowledge the
duplicate criteria that are satisfactory and issue a veterinary hygiene
certificate according to regulations.
5.
Procedures for re-issuance of veterinary hygiene certificate:
a) At
least 01 (one) month prior to the expiry date of the veterinary hygiene
certificate, if the establishment continues its business, it shall submit an
application for reissuance of the veterinary hygiene certificate;
The
agency competent to reissue the veterinary hygiene certificate, expiry of the
veterinary hygiene certificate, application, order and procedures for
reissuance of the veterinary hygiene certificate shall comply with regulations
of Clauses 1, 2, 3 and 4 of this Article;
b) If
an unexpired veterinary hygiene certificate is lost or damaged or information
thereon is modified, the establishment must submit an application for
reissuance of the veterinary hygiene certificate according to the Form No. 01
in Annex II enclosed with this Circular to the competent agency for
consideration;
Within
05 (five) working days from the date on which the application is received, the
competent agency shall inspect the application and consider reissuing the
veterinary hygiene certificate to the establishment In such case, the expiry
date of the veterinary hygiene certificate which is reissued shall be the expiry
date of the old certificate. If the application is rejected, the competent
agency shall send a written notification that contains explanation.
6.
Revocation of the veterinary hygiene certificate:
a)
The establishment specified in Point d Section 2 Appendix I issued together
with this Circular shall have their veterinary hygiene certificate revoked if
the result of the periodic supervision or surprise inspection shows that such
establishment does not fulfill requirements for veterinary hygiene;
b)
Competence in revocation of the veterinary hygiene certificate:
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7.
Requirements to be satisfied by leader, members of inspectorate and sample
collector
a)
Regarding leader, he/she must be a departmental leader or higher or an official
with at least 5 years of experience in state management of veterinary and
animal husbandry;
b)
Regarding members: at least 01 member has completed a course on assessment of
veterinary hygiene of establishments organized by the Department of Animal
Health; at least 01 member holds bachelor's degree or higher in animal
husbandry or veterinary or fisheries;
c)
Regarding sample collector, he/she must have expertise in animal husbandry or
veterinary or fisheries; a certificate of training in sampling.”
11. Article 38
shall be amended as follows:
“Article
38. Contents, methods of veterinary hygiene inspection and supervision at
establishments
1.
Contents and methods of inspection for issuance of veterinary hygiene
certificate
a)
Contents of inspection;
Location,
infrastructure, factories, equipment, tools, input materials for manufacturing
and business and water used for manufacture; employees involved in the manufacture
and business and quality management; veterinary hygiene management program in
force; management and treatment of solid waste and wastewater and other
contents specified in corresponding technical regulations;
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b)
Methods of inspection: inspection of records and documents and interview with
relevant subjects; inspection of the scene and sampling according to regulations.
2.
Contents and methods of supervision of the establishments that have been issued
with veterinary hygiene certificate
a)
Contents of supervision shall comply with regulations at Point a, Clause 1 of
this Article (except for requirement for the location). The contents and
results shall be stated in the record according to Form 07, Appendix II issued
together with this Circular;
b)
Methods of supervision shall comply with Point b, Clause 1 of this Article. The
testing samples shall be taken in case it is suspected that the establishment
does not meet requirements for veterinary hygiene.
3.
Frequency of supervision: every 18 months Regarding establishments that produce
and trade in animal products for export, carry out supervision as requested
by/at the request of the importing country.
4.
With regard to natural disaster or disease prescribed by law: adopt the online
assessment method if the manufacturing and business establishment or agency
conducting assessment or issuing veterinary hygiene certificate meet
requirements for resources and technical equipment (computer, internet
connection, software application, audio and video recorders); suspend periodic
supervision activities for up to 06 months; or temporarily extend veterinary
hygiene certificate by up to 06 months by considering the adequacy and validity
of application without conducting a site assessment. Every organizations and
individuals carrying out production and business activities shall be
responsible to the law for the accuracy of information, documents, images and
applications that are provided for the assessment agency. The direct assessment
will be carried out after the local agency controls the natural disaster or
disease according to the provisions of law; the veterinary hygiene certificate
shall be immediately revoked if the organization or individual commits any
violation and they shall incur penalties as prescribed by law.”
12. Article 39
shall be amended as follows:
“Article
39. Inspection of fulfillment of requirements for veterinary hygiene applicable
to animals and animal products and animal feeds
1.
Animals
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b)
Methods of inspection: inspection of documents, clinic inspection and sample
collection (if any). (in case the animal has abnormal symptoms or it is
suspected that the animal does not meet requirements for veterinary hygiene).
2.
Animal products and animal feeds (hereinafter referred to as “products”)
a)
Content of inspection: the fulfillment of requirements pertaining to
microorganisms, chemistry and physics according to current Vietnamese laws
(applicable to products for domestic consumption); laws of the importing country
(applicable to products for export);
b)
Methods of inspection: sensory evaluation, sample collection (if any) (in case
it is suspected that the products fail to meet requirements for veterinary
hygiene).
3.
Vehicles for transportation of animals and animal products; containers for
animal products:
a)
Content of inspection: pasteurization, disinfection and compliance with
regulations in the technical regulation QCVN 01-100:2012/BNNPTNT on general
requirements for veterinary hygiene for equipment and vehicles used for
transport of animals, animal’s fresh and primary processing products;
b)
Methods of inspection: sensory evaluation, sample collection (in case it is
suspected that the vehicles used for transport of animals, animal products,
containers for animal products fail to meet requirements for veterinary
hygiene).
4.
Inspection process
a)
The veterinary hygiene inspection of animals, animal products, animal feeds and
transport vehicles shall be associated with the site inspection of veterinary
hygiene specified in point d section 2 of Annex I enclosed with this Circular.
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5.
The analysis of samples that are collected as prescribed in point b clause 1,
point b clause 2 and point b clause 3 of this Article shall be conducted by
laboratories that have certificate of registration of testing according to
regulations.”
13. Article 40 shall
be amended as follows:
“Article
40. Veterinary hygiene and food safety supervision of animals and animal
products used as food
1.
Subjects of supervision:
a)
Animals subject to slaughter;
b)
Meat and meat products at slaughterhouses and business establishments;
c)
Fresh milk, bee’s honey, salanganes nest at raising, collecting, preparing,
processing, storing and trading establishments;
d)
Imported animal products used as food;
dd)
Other animal products used as food, on request.
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a)
Plan for and content of supervision of animal products for import and export:
Every year, the Department of Animal Health shall preside over formulating
supervision plan and contents, submit them to the Ministry of Agriculture and
Rural development for and provision of funding for implementation thereof;
report the results of supervision and analysis of samples and the
implementation plan in the next year to the Ministry of Agriculture and Rural
Development; issue written notification to the competent authorities of the
importing country of animal products upon request; issue a written notification
to the competent veterinary authority of the exporting country, request
investigation of the cause and corrective actions and send a report to the
Department of Animal Health if the supervised sample fails to ensure food
safety according to regulations of Vietnam;
b)
Plans and contents of supervision of animal products that serve domestic consumption:
Every year, the provincial veterinary authorities shall make the plans and
contents of supervision and submit to the competent authorities under the
provincial People’s Committees for approval for such plans and contents and
provision of the funding for the implementation thereof. The provincial
veterinary authorities shall cooperate with relevant units in implementation of
the approved plans;
c)
Collection of samples and funding for the analysis of such samples: The
Department of Animal Health shall collect samples that serve the examination
pertaining to microbiological contamination and analysis of toxic residues in
animal products according to the plans which have been approved and funded by
the Ministry of Agriculture and Rural development;
The
provincial veterinary authorities shall collect samples that serve the
examination pertaining to microbiological contamination and analysis of toxic
residues in animal products according to the plans which have been approved and
funded by the provincial People’s Committees;
If
the establishments in the approved plan for supervision have the supervision
samples that fail to meet the requirements under applicable regulations or the
establishments voluntarily apply for supervision or carry out supervision at
the request of the importing country, the owner shall pay the costs of analysis
of the samples.
d)
The inspection and supervision of bee’s honey shall comply with the regulations
of the Ministry of Agriculture and Rural Development on inspection and supervision
of veterinary hygiene and food safety for bee’s honey.
3.
Veterinary hygiene and food safety supervision shall be carried out as follows:
a)
The veterinary hygiene and food safety supervision of animals, animal products
used as the imported food shall be carried out together with the quarantine;
b)
The veterinary hygiene and food safety supervision of animals, animal products
used as the exported food, transported out of a province shall be carried out
together with the site supervision of veterinary hygiene specified in Clause 2
Article 38 of this Circular.”
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“dd)
The veterinary staff who is assigned by the competent authority to inspect
veterinary hygiene in slaughterhouses and control animal slaughter according to
regulations of this Circular shall be trained in veterinary or animal husbandry
at intermediate level or higher; trained and issued with certificate of
technical training in control of animal slaughter.”
15. A number of points
of Section 2 of Appendix I shall be amended as follows:
a)
Point a shall be amended as follows:
“a)
Animals subject to slaughter.”
b)
Point b shall be amended as follows:
“b)
Animal products
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Meat, organs, offal, fresh or simply prepared meat products at slaughterhouses,
preparing, processing, storing and trading establishments
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Fresh eggs, salted eggs and products that are simply prepared, processed from
eggs at raising, preparing, processing, storing and trading establishments
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Fresh milk at raising, collecting, preparing, processing, storing and trading
establishments;
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-
Salanganes nest at raising, collecting, preparing, processing, storing and
trading establishments;
-
Animal feeds (according to request of importing country)”.
c)
Point d shall be amended as follows:
“d)
Hatching establishments; concentrated animal slaughterhouses; establishments
for isolation and quarantine of animals and animal products; establishments
that process, preliminary process animals and animal products for trade;
warehouse for preservation of animal products; markets that trade animals,
small markets that trade animals, animal collection establishments;
establishments that trade animal and animal products; facilities that test and
diagnose animal diseases; animal surgery facilities; establishments that
produce animal feeds and other animal products without using as food (at the
request of the importing country)”.
16. Form 01, Form 02
and Form 06 in Appendix II shall be amended; Form 07 shall be added after Form
06 in Appendix II according to the form in the Appendix issued together with
this Circular as follows:
17. Section 2 of
Appendix VI shall be amended as follows:
a)
The phrase “bệnh Viêm da nổi cục (LSD) (Lumpy Skin Disease)” shall be added
after “bệnh lở mồm long móng (FMD) (foot-and-mouth disease)” in Point b;
b)
Point i shall be added after Point h as follows: “i) Bệnh dịch tả lợn Châu Phi
(ASF) (“i) African Swine Fever)
Destroy
all carcasses and organs of pigs that are infected and cross-contaminated
throughout the process of slaughter.
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The
cleaning, pasteurization and disinfection of the slaughterhouse shall be
carried out before its resumption
Article
2. Replacement and removal of some phrases, points, Appendix of Circular No.
09/2016/TT-BNNPTNT dated June 01, 2016 of the Minister of Agriculture and Rural
Development on animal slaughter control and veterinary hygiene inspection
1. Remove the phrase
“trang phục bảo hộ trong lúc làm việc (protective clothing)” from Clause 2.
Remove the phrase "sạch (clean)” from point c Clause 3 Article 5.
2. Replace the phrase
“đường kính của biểu tượng là 14-15 mm (logo of animal quarantine whose
diameter is 14-15 mm)” with the phrase “đường kính của biểu tượng là 10,5-13mm
(an “animal quarantine” logo whose diameter is 10,5-13mm)" at point c
Clause 1 Article 28.
3. Replace the phrase
“Sử dụng Tem vệ sinh thú y đối với thân thịt hoặc sản phẩm động vật được bao
gói kín như sau:(Regarding tightly packaged carcasses or animal products:)”
with the phrase “Tem vệ sinh thú y chỉ được sử dụng đối với thân thịt hoặc sản
phẩm động vật được bao gói kín, cụ thể như sau: (Veterinary hygiene stamps
intended for packaged carcasses or animal products:) ” at Clause 1 Article 30
4. a) Remove the
phrase “tiêu thụ nội địa (domestic consumption)” from Clause 6 Article 31
5. Replace the phrase
“Cơ quan Thú y vùng II (the veterinary authority of II area)” with the phrase
“Chi cục Thú y vùng II (Regional Sub-Department of Animal Health II)” at point
b Clause 1 Article 35.
6. Annul point c,
Section 2, Appendix I.
7. Annul Appendix VII.
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1.
Any veterinary hygiene certificate issued before the effective date of this
Circular may be used until its expiry date.
2.
Any veterinary hygiene stamps intended for establishments whose business
operation involves export, a combination of export and domestic sale that have
been printed before the effective date of this Circular may be used until
December 31, 2023.
3.
Any slaughter control stamps that are unconformable to regulations in this
Circular may be used until December 31, 2023.
Article
4: Entry into force
1.
This Circular comes into force as of October 30, 2022.
2. Director
of Department of Animal Health, the relevant organizations and individuals
shall be responsible for the implementation of this Circular.
Any
difficulty or problem that arises during the implementation of this Circular
should be reported to the Ministry of Agriculture and Rural Development (via
the Department of Animal Health) for consideration and amendments.
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