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THE
MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
118/2008/QD-BNN
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Hanoi,
December 11, 2008
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DECISION
PROMULGATING THE REGULATION ON INSPECTION AND CERTIFICATION
OF FOOD QUALITY, HYGIENE AND SAFETY OF FISHERIES GOODS
THE MINISTER 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 Agriculture and Rural Development Ministry;
Pursuant to the November 26, 2003 Law on Fisheries and the November 20, 2007
Law on Quality of Products and Goods;
Pursuant to the July 26, 2003 Ordinance on Food Hygiene and Safety, and the
Government's Decree No. 163/2004/ND-CP of September 7, 2004, detailing the
implementation of a number of articles of the Ordinance on Food Hygiene and
Safety-Pursuant to the Government s Decree No. 79/ 2008/ND-CP of July 18, 2008,
providing for the system for management, inspection and testing of food hygiene
and safety;
Pursuant to Joint Circular No. 24/2005/1TLT-J3YT-BTS of December 8, 2005, of
the Health Ministry and the Fisheries Ministry (now the Agriculture and Rural
Development Ministry), guiding the task assignment and coordination in state
management of food hygiene and safety of aquatic products;
At the proposal of the director of the National Agro-Forestry-Fisheries Product
Quality Assurance Department,
DECIDES:
Article 1.-
To promulgate together with this Decision the Regulation
on inspection and certification of food quality, hygiene and safety of
fisheries goods to supersede provisions on inspection and certification of food
quality, hygiene and safety of fisheries goods used as foods in the Regulation
on state inspection and certification of quality of fisheries goods,
promulgated together with Decision No. 650/ 2000/QD-BTS of August 4,2000, of the
Fisheries Minister (now the Agriculture and Rural Development Minister).
Article 2.-
This Decision takes effect 15 days after its publication
in "CONG BAO."
Article 3.-
The director of the Office of the Ministry, the director
of the National Agro-Forestry-Fisheries Product Quality Assurance Department,
heads of units of the Ministry, and directors of provincial-level Agriculture
and Rural Development Services shall implement this Decision.
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FOR
THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT
VICE MINISTER
Luong Le Phuong
REGULATION
ON INSPECTION AND CERTIFICATION OF FOOD QUALITY, HYGIENE AND
SAFETY OF FISHERIES GOODS
(Promulgated together with the Agriculture and Rural Development Ministers
Decision No. 118/ 2008/QD-BNN of December 11, 2008)
Chapter I
GENERAL PROVISIONS
Article
1.- Scope of regulation
This Regulation specifies the
order and procedures for and tasks of inspection and certification of food
quality, hygiene and safety of fisheries goods, and responsibilities and powers
of parties involved in the inspection and certification.
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1. This Regulation applies to
fisheries goods for domestic consumption or export, and imported fisheries
goods (including those imported for processing, recalled or returned from
abroad).
2. The Regulation is not
compulsorily applicable to:
a/ Aquatic products being foods
carried along for personal consumption or presentation as gifts; sample goods
for display at exhibitions or trade fairs or sent to customers for non-marketing
purposes; diplomatic bags and consular bags under law;
b/ Fisheries goods temporarily
imported for re-export; temporarily exported for re-import, transited or
transported via the Vietnamese territory, or consigned to bonded warehouses;
c/ Fisheries goods not used as
food.
3. For export fisheries goods
subject to quarantine under current regulations, food quality, hygiene and
safety inspection agencies shall conduct the food quality, hygiene and safety
inspection and quarantine concurrently.
Article
3.- Interpretation of terms In this Regulation, the terms below are
construed as follows:
1. Aquatic products means all
aquatic animal or plant or amphibian species, including their spawns and parts
used as food, or food mixtures containing aquatic products.
2. Fresh aquatic product means
an aquatic product in carcass or processed not by any method other than
freezing.
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4. Fisheries good means an aquatic
product which is marketed or consumed through barter, sale and purchase, or
marketing.
5. Inspected goods batch means a
volume of aquatic products registered by the owner for one-time inspection.
6. Certified goods batch means a
volume of aquatic products registered by the owner for certification that it is
an inspected fisheries goods batch with a food hygiene and safety certificate.
7. Recalled goods batch means a
fisheries goods batch recovered by the owner at his/her/its own will.
8. Returned goods batch means an
export goods batch re-exported back to Vietnam by the importing country or a
customer.
9. Mandatory inspection means
activities of inspecting and certifying the food quality, hygiene and safety of
fisheries goods according to state management requirements.
10. Requested inspection means
activities of inspecting and certifying the food quality, hygiene and safety of
fisheries goods at the request of product owners.
11. Designated inspection agency
means a qualified inspection and certification organization designated by the
Agriculture and Rural Development Ministry to join in the food quality, hygiene
and safety inspection and certification of fisheries goods.
12. Competent agency means an
agency tasked to perform the state management of food quality, hygiene and
safety of aquatic products.
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1. Mandatory inspection applies
to:
a/ Fisheries goods of aquatic
product production and trading establishments managed by the Agriculture and
Rural Development Ministry before they are marketed for domestic consumption;
b/ Fisheries goods exported to
markets with requirements for food quality, hygiene and safety inspection and
certification by Vietnamese competent agencies;
c/ Fisheries goods exported to
markets subject to inspection and certification prescribed by the Agriculture
and Rural Development Ministry to meet the line management requirements in each
period;
d/ Fisheries goods imported for
use as raw materials for processing establishments; e/ Recalled or returned fisheries
goods.
2. Requested inspection applies
to:
a/ Fisheries goods not subject
to inspection under Clause 1 of this Article;
b/ Fisheries goods specified in
Clause 2 Article 2 of this Regulation, at customer request; c/ Specific contents
of objects specified in Clause 1 of this Article, which are not subject to
inspection, at goods owner request.
Article 5.-
Inspection agencies
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2. Agencies and units under the
National Agro-Forestry-Fisheries Product Quality Assurance Department shall
inspect and certify food quality, hygiene and safety of exported fisheries
goods or fisheries goods which are imported for processing, recalled or
returned (below collectively referred to as imported fisheries goods).
3. Designated inspection
agencies specified by law and inspection agencies specified in Clauses 1 and 2
of this Article shall inspect and certify food quality, hygiene and safety in
the case of requested inspection and certification.
Article 6.- Bases
for inspection and certification
1. Bases for inspection and
certification of fisheries goods marketed for domestic consumption are food
quality, hygiene and safety regulations and technical regulations issued by the
Agriculture and Rural Development Ministry and concerned ministries and
branches; and production establishments' product quality notifications.
2. Bases for inspection and
certification of fisheries goods specified at Points c, d and e, Clause 1,
Article 4 of this Regulation are food quality, hygiene and safety regulations
and technical regulations issued by the Agriculture and Rural Development
Ministry and concerned ministries.
3. Bases for inspection and
certification of fisheries goods specified at Points b, Clause 1, Article 4 of
this Regulation are food quality, hygiene and safety regulations issued by or
recognized by importing markets, or treaties or international agreements which
Vietnam has signed or acceded to.
4. For the case of requested
inspection and certification, inspection and certification shall be based on
requests of goods owners and compliant with regulations and technical
regulations of Vietnam or importing markets.
Article 7.- Certificates
and notices of failure
1. Certificates of food quality,
hygiene and safety of fisheries goods and certificates of results of inspection
of fresh or live aquatic products (below collectively referred to as
certificates) will be issued by inspection agencies for goods batches with
satisfactory inspection results. Each goods batch registered for initial
inspection will be issued a certificate. Certificates will be valid only for
goods batches under such transportation and preservation conditions that do not
affect the food quality, hygiene and safety of the inspected fisheries goods.
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3. Notices of failure to satisfy
food quality, hygiene and safety standards of fisheries goods (below referred
to as notices of failure) will be issued by inspection agencies to goods
batches with unsatisfactory inspection results.
4. Certificates or notices of
failure will be:
a/ Issued according to a set
form provided in Appendix 2b (applicable to fresh or live aquatic products) or
Appendix 2a (applicable to other aquatic products) or Appendix 2c to this
Regulation applicable to fisheries goods specified at Point a, c, d and e,
Clause 1, Article 4 of this Regulation. Particularly for fisheries goods
specified at Point b, Clause 1, Article 4 of this Regulation, certificates will
have the contents and format required by importing markets and bear the
national emblem;
b/ Issued according to forms set
by goods owners without bearing the national emblem, for cases specified at
Point a, Clause 2, Article 4 of this Regulation, or may be issued according to
a set form provided in Appendix 2a or Appendix 2b to this Regulation at customer
request but without bearing the national emblem;
c/ Numbered according to
Appendix 3c to this Regulation;
d/ For a certificate or notice
of failure, the original shall be handed to the goods owner while one copy
shall be kept at the inspection agency. The number of copies of a certificate
or notice may increase if the goods owner so requests.
5. If requested by goods owners
or importing markets, inspection agencies may additionally issue other
certificates not contrary to previously issued certificates. The serial numbers
of additionally issued certificates must contain identification signs identical
to the serial numbers of previously issued certificates.
6. When goods owners apply for
renewed certificates, inspection agencies shall withdraw previously issued
certificates and consider issuing renewed certificates. A renewed certificate
must be clearly printed with the words "This certificate replaces
certificate No... dated..." In case goods owners fail to return previously
issued certificates, they shall clearly explain in writing the failure with
proving documents and evidence. The serial numbers of renewed certificates must
contain identification signs identical to the serial numbers of old
certificates.
Article 8.-
Testing laboratories involved in inspection and certification
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a/ Testing laboratories of
inspection agencies and units specified in Clauses 1 and 2, Article 5 of this
Regulation;
b/ Other testing laboratories
satisfying the conditions specified by the Agriculture and Rural Development
Ministry and assessed and designated by the National Agro-Forestry -Fisheries
Product Quality Assurance Department or a competent inspection agency.
Article 9.-
Information displayed on product packages and labels
1. Fisheries goods for domestic
consumption or imported for processing must comply with Vietnam's current
regulations on labeling.
2. Packages and labels of export
fisheries goods may contain information requested by customers but must neither
cause misleading as to the nature of these goods nor violate laws of Vietnam
and importing countries. Particularly for export fisheries goods specified at
Points b and c, Clause 1, Article 4 of this Regulation, their packages and
labels must also contain the following information:
a/ Product of Vietnam;
b/ Manufacturer code;
c/ Product lot code;
d/ Main ingredients of product;
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Article
10.- Conditions on fisheries goods to be exported, imported or marketed for
domestic consumption
1. Fisheries goods specified at
Point a, Clause 1, Article 4 of this Regulation may be circulated when
satisfying any of the following conditions:
a/ Being manufactured by establishments
accredited as having satisfied all food hygiene and safety assurance conditions
or certified as conducting sustainable aquaculture (for aquaculture
establishments);
b/ Having packages or labels
bearing signs of recognition of standard and regulation conformity;
c/ Having a food quality,
hygiene and safety certificate issued according to a set form provided in
Appendix 2a or 2b to this Regulation according to the procedures specified in
Article 12 of this Regulation;
d/ Having an origin and food hygiene
and safety control certificate issued according to the implementation results
of national supervision programs by program-implementing agencies according to
procedures specified in regulatory documents on the implementation of these
programs.
2. Fisheries goods specified at
Point b, Clause 1, Article 4 of this Regulation may go through customs
procedures for export if their manufacturers are named on the list of
manufacturers of exports to relevant markets announced by a competent
Vietnamese agency in each period
3. Customs procedures shall be
completed for fisheries goods specified at Points c, d and e. Clause 1, Article
4 of this Regulation when they are accompanied with either of the following
documents:
a/ Food quality, hygiene and
safety certificate issued according to a set form provided in Appendix 2a or 2b
to this Regulation (not printed herein );
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4. For fisheries goods specified
at Point a, Clause 2, Article 4 of this Regulation, certificates or notices of
inspection exemption are not required
Chapter II
ORDER AND PROCEDURES FOR
AND TASKS OF INSPECTION AND CERTIFICATION
Article
11.- Registration for inspection
1. A goods owner shall make a
dossier of registration for inspection, which comprises a registration paper
for food quality, hygiene and safer- inspection, made according to a set form
provided in Appendix la to this Regulation, the goods batch manifest and a
statement of particular requirements on food quality, hygiene and safety of
fisheries goods (if any).
2. For imported fisheries goods,
apart from those specified in Clause 1 of this Article, a dossier of
registration for inspection must also contain the following:
a/ For fisheries goods imported
for processing: a copy of the purchase and sale contract; a copy of the
certificate of food quality, hygiene and safety of fisheries goods; and a copy
of the certificate of origin:
b/ For recalled or returned fisheries
goods: a copy of the certificate of food quality, hygiene and safety of the
fisheries goods batch before exportation (if any); and a copy of the notice of
recall or return, clearly stating the reason therefor.
3. Goods owners shall send their
dossiers of registration for inspection to inspection agencies directly or by
post or via facsimile (with telephone confirmation) or email, or make online
registration via the Internet then submit registration dossiers to inspection
agencies upon inspection.
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Article
12.- Tasks of inspection of fisheries goods for domestic consumption
1. For fresh or live fisheries
goods:
a/ Examining the manufacture
dossier and quality control dossier of the goods batch;
b/ Inspecting preservation
conditions, packaging specifications, the outer appearance and features of
products;
c/ When necessary, taking
control samples for biological and chemical verification.
2. For other fisheries goods:
a/ Examining and inspecting the
contents specified at Points a and b. Clause 1 of this Article;
b/ Inspecting the labeling of
products;
c/ If the contents specified at
Points a and b of this Clause are compliant with regulations, taking samples
for microbiological and chemical analysis according to specific requirements on
each type of product, at laboratories specified in Article 8 of this
Regulation.
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1. For fresh or live fisheries
goods:
a/ Examining the manufacture
dossier and quality control dossier of the goods batch;
b/ Inspecting preservation
conditions, packaging and labeling specifications, the outer appearance and
features of products;
c/ When necessary, taking
control samples for biological and chemical verification.
2. For other fisheries goods:
a/ Examining and inspecting the
contents specified at Points a and b, Clause 1 of this Article;
b/ If the contents specified at
Point a of this Clause are compliant with regulations, taking samples for
microbiological and chemical analysis according to specific requirements on
each type of product, at laboratories specified in Article 8 of this
Regulation.
Article
14.- Tasks of inspection of imported fisheries goods
1. For fisheries goods imported
for processing:
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b/ Examining the dossier, and
inspecting preservation conditions, packaging and labeling specifications, the
outer appearance and features of products at the place where products are
gathered as indicated in the written registration;
c/ If the contents specified at
Point a of this Clause are compliant with regulations, taking samples for
microbiological and chemical analysis according to specific regulations
applicable to each type of product, at laboratories specified in Article 8 of
this Regulation.
2. For recalled or returned
fisheries goods:
a/ Certifying the written
registration for carrying out customs procedures;
b/ Inspecting preservation
conditions, packaging and labeling specifications, the outer appearance and
features of products at the place where products are gathered;
c/ Taking samples for
microbiological and chemical analysis (on the basis of risk assessment)
according to specific regulations applicable to each type of product, at
laboratories specified in Article 8 of this Regulation.
3. Post-importation control:
a/ Goods owners shall report to
the inspection agency on measures already taken with respect to their imported
goods batches, and sale markets;
b/ The inspection agency shall
verify goods owners' reports through inspecting the safety and hygiene
assurance conditions of manufacturing establishments or upon inspecting and
certifying that the goods batch has been manufactured from an imported
materials lot, or on an irregular basis (if necessary).
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1. After concluding the on-site
inspection, the inspection agency shall issue a certificate for the goods batch
with satisfactory inspection results within the following time limit:
a/ 1 (one) working day for fresh
or live fisheries goods for export or domestic consumption;
b/ 10 (ten) working days for
canned products;
c/ 7 (seven) working days for
other types of product;
d/ In case of necessity to send
product samples for analysis at a laboratory, the inspection agency shall issue
a certificate of food quality, hygiene and safety for fisheries goods to the
goods owner within 1 (one) day after receiving analysis results.
2. Contents of certification
must be consistent with contents of inspection. Certification will not be given
to inspected contents or products with unsatisfactory inspection results.
3. Particularly for export
fisheries goods: On the basis of mutual recognition of inspection capability,
the inspection agency may issue transitional certificates based on certificates
issued by another inspection agency. A transitional certificate must be issued
on the same date of issue of the previously issued certificate and not be
contrary to the latter.
Article
16.- Handling of goods with unsatisfactory inspection results
1. Upon obtaining unsatisfactory
inspection results of a goods batch, the inspection agency shall:
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b/ If the goods owner makes no
complaint about these analysis results within 3 (three) working days after
receiving them, the inspection agency shall send a notice of failure, made
according to a set form (not printed herein), to the goods owner and request in
writing functional agencies for coordinated handling.
2. The inspection agency shall
send unsatisfactory verification results to the goods owner via facsimile or
e-mail within 1 (one) day after obtaining them, then send the original record
of verification results by post.
3. After receiving a notice of
failure or unsatisfactory verification results from the inspection agency, the
goods owner shall organize investigation of the causes of contamination; take
measures to redress these causes and handle the goods batch; appraise the
effectiveness of these measures and report thereon to a relevant competent
agency.
4. The competent agency shall
verify enterprises' reports. When necessary, it may conduct on-site
verification at manufacturing establishments.
Chapter
III
EXEMPTION FROM
INSPECTION, REDUCED INSPECTION AND INTENSIFIED INSPECTION
Article
17.- Cases of application
1. Fisheries goods specified at
Points a and e, Clause 1, Article 4 of this Regulation may be considered for
exemption from inspection if they satisfy the conditions specified in Article
18 of this Regulation.
2. Fisheries goods specified at
Points b and d. Clause I, Article 4 of this Regulation may be considered for
reduced inspection if they satisfy the conditions specified in Article 20 of
this Regulation.
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4. Fisheries goods specified at
Point c, Clause 1, Article 4 of this Regulation will be inspected within the
scope and under the regime prescribed in specific regulations of the
Agriculture and Rural Development Ministry applicable to specific cases.
Article
18.- Conditions on exemption from inspection
1. Fisheries goods are
manufactured at establishments on the list of manufacturing establishments
exempt from inspection announced by the National Agro-Forestry-Fisheries
Product Quality Assurance Department in each period, or
2. Fisheries goods have been
subjected to food quality, hygiene and safety inspection and certification
before their exportation.
Article
19.- Order of and procedures for exemption from inspection
1. Goods owners shall make
written requests for exemption from inspection according to a set form (not
printed herein).
2. Within 1 (one) working day
after receiving a request for exemption from inspection, the inspection agency
shall consider and verify relevant contents, and:
a/ Issue a notice of exemption
from inspection, made according to a set form (not printed herein), in case the
conditions specified in Article 18 of this Regulation are fully satisfied;
b/ Clearly state the reason(s)
for refusal to issue a notice of exemption from inspection in the written
request and send it back to the good owner in case the conditions specified in
Article 18 of this Regulation are not fully satisfied.
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1. For export fisheries goods:
a/Within 12 (twelve) months
before the date of request for reduced inspection, the safety and hygiene assurance
conditions of enterprises' manufacturing establishments are graded
"A", and;
b/ Enterprises shall themselves
inspect safety and hygiene assurance conditions of their manufacturing
establishments and send reports thereon to the inspection agency under
regulations on the National Agro-Forestry-Fisheries Product Quality Assurance
Department, and:
c/ Within 12 months before the
date of request for reduced inspection:
- No goods batch is warned by a
competent agency of the importing country specified at Point b, Clause 1,
Article 4 of this Regulation as violating regulations on food quality, hygiene
and safety, and;
- No violation of regulations on
impurities or abuse of chemical growth stimulants and ice-glazing ratio for the
purpose of trade fraud is detected, through inspection or examination, by a
functional agency, and:
- No goods batch or product sold
on the domestic market is detected as having failed to assure food hygiene and
safety criteria regarding banned chemical and antibiotic residues (particularly,
instant foods must also satisfy the microorganism germ criteria), and;
d/ There are testing
laboratories capable of analyzing microorganism and industrial sanitation
criteria and supervising the manufacturing process as indicated in the quality control
programs of enterprises under regulations of the National
Agro-Forestry-Fisheries Product Quality Assurance Department. For other
criteria specified in the quality control programs of enterprises which testing
laboratories are incapable of analyzing, enterprises shall send goods samples
to testing laboratories designated under current regulations by the Agriculture
and Rural Development Ministry for analysis;
dd/ For enterprises which have
been subjected to reduced inspection: They have committed not more than two
violations in conducting self-inspection of their manufacturing dossiers,
quality control dossiers, preservation conditions, outer appearance and
features of goods and labeling information; or obtain results of analysis of
microorganism or chemical criteria conducted by themselves different from
results of ordinary inspection of goods batches conducted by the inspection
agency.
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a/ Imported goods batches have
been certified as satisfying food quality, hygiene and safety requirements on
fisheries goods by competent agencies of countries which have signed with
Vietnam agreements on mutual recognition of inspection and certification of
food quality, hygiene and safety of fisheries goods, or for the last 6 (six)
months, 5 (five) consecutive goods batches of the same type and origin have
been inspected and certified as satisfying food quality, hygiene and safety
requirements on fisheries goods, and;
b/ These goods originate from
countries without serious problems related to food quality, hygiene and safety
of fisheries goods as announced by the Agriculture and Rural Development
Ministry in each period.
3. During the application of
reduced inspection, enterprises which fail to satisfy the conditions specified
in Clauses 1 and 2 of this Article will no longer enjoy reduced inspection
until they satisfy the following conditions:
a/ They make reports explaining
the reason(s) for the failure and apply effective remedies certified by the
inspection agency;
b/ Particularly for export
goods, they must also have at least 10 (ten) goods batches eligible for customs
clearance on markets specified at Point b. Clause 1, Article 4 of this
Regulation.
Article
21.- Reduced inspection of export fisheries goods
1. Procedures for considering
the application of reduced inspection
a/ Enterprises shall send
written requests for reduced inspection, made according to a set form (not
printed herein), to the inspection agency under Article 5 of this Regulation;
b/ Within 20 (twenty) working
days after receiving written requests of enterprises, the inspection agency
shall organize the consideration and examination of relevant dossiers and
conduct verification at enterprises;
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- Send notices of reduced
inspection of food quality, hygiene and safety of fisheries goods, made
according to a set form (not printed herein), if results of examination of
dossiers and verification are satisfactory.
- Send notices of ineligibility
for reduced inspection of food quality, hygiene and safety of fisheries goods,
made according to a set form (not printed herein), if results of examination of
dossiers and verification are unsatisfactory.
2. Reduced inspection
a/ Testing laboratories of
enterprises shall conduct inspection and keep by themselves all inspection
results under approved quality control programs;
b/ Enterprises shall register
for inspection and certification of food quality, hygiene and safety of
fisheries goods batches under Article 11 of this Regulation at least 5 (five)
working days before the expected date of issuance of certificates. Enclosed
with a registration dossier must be analysis results related to the goods batch
specified at Point a. Clause 2 of this Article and a detailed statement of
information on the issuance of the certificate;
c/ After examining registration
dossiers of enterprises, the inspection agency shall give a certification in
the registration papers and send them back to goods owners, clearly stating
whether goods batches will be subject to reduced inspection or ordinary
inspection. The inspection agency shall conduct ordinary inspection of only 1
(one) random goods batch out of 5 (five) consecutive goods batches registered
by an enterprise for inspection under Point b, Clause 2 of this Article.
Inspection and certification of goods batches subject to ordinary inspection
shall be conducted under Chapter II of this Regulation;
d/ For goods batches eligible for
reduced inspection: Within 1 (one) working day after receiving complete
registration dossiers of goods owners, based on results of self-inspection by
enterprises, the inspection agency shall verify information in these dossiers
and issue certificates made according to forms set by importing countries.
Article 22.-
Reduced inspection of imported fisheries goods
1. Enterprises shall register
for inspection and certification of food quality, hygiene and safety of their
fisheries goods batches under Article 11 of this Regulation at least 5 (five)
working days before the expected date of issuance of certificates. Enclosed
with a registration dossier is a detailed statement of information on the
issuance of the certificates.
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a/ Examining registration
dossiers, giving certification in registration papers, clearly stating the
inspection regime, if dossiers are valid, and sending them back to goods
owners;
b/ Inspecting preservation
conditions, packaging and labeling specifications and the outer appearance of
products at gathering places, for all goods batches registered for inspection;
c/ Conducting inspection only by
observation and taking samples for microorganism and chemical analysis from 1
(one) random goods batch out of 5 (five) consecutive goods batches registered
by an enterprise for inspection under Clause 1 of this Article.
d/ For goods batches eligible
for reduced inspection: Within 1 (one) working day after conducting the on-site
inspection, the inspection agency shall issue certificates according to a set
form (not printed herein).
Article
23.- Cases of intensified inspection
1. Export fisheries goods are
subject to intensified inspection when their owners:
a/ Are subject to intensified
inspection under the Regulation on inspection and recognition of fisheries
goods-manufacturing or -trading establishments which satisfy food hygiene and
safety assurance conditions specified by the Agriculture and Rural Development
Ministry.
b/ Are- warned by competent
agencies of importing countries as specified at Point b, Clause 1, Article 4 of
this Regulation as having violated regulations on food quality, hygiene and
safety of fisheries goods in 2 (two) or more goods batches in a year.
2. Fisheries goods for domestic
consumption are subject to intensified inspection when their owners:
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b/ Are warned by domestic
competent agencies as having failed to assure food hygiene and safety regarding
banned chemical and antibiotic residues and microorganism germ criteria (for
instant foods).
3. Goods imported for processing
are subject to intensified inspection when:
a/ They originate from exporting
countries subject to serious warnings about banned chemical or antibiotic
residues, or;
b/ Lots of materials of the same
species or the same origin are detected as failing to assure food quality,
hygiene and safety of fisheries goods.
Article
24.- Tasks and order of intensified inspection
1. The inspection agency shall
send to enterprises written notices of intensified inspection, clearly stating
the reason(s) for intensified inspection.
2. Inspection tasks: Apart from
ordinary inspection tasks as specified, intensified inspection of fisheries
goods involves the following tasks:
a/ For export fisheries goods:
taking samples for analysis of criteria warned by competent agencies of
importing countries or relevant criteria, in a number doubling that of samples
taken for ordinary inspection.
b/ For fisheries goods imported
for processing: conducting additional analysis of criteria about which there
are warnings or taking a number of samples doubling that of samples taken for
ordinary inspection before conducting analysis of criteria detected as failing
to assure food quality, hygiene and safety.
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3. Fisheries goods will no
longer be subject to intensified inspection when the following requirements are
met:
a/ Enterprises report on the
application of remedies and appraisal of the effectiveness of applied remedies
as certified and notified in writing by the inspection agency, and;
b/ For export goods: These goods
do not violate Point a, Clause 1, Article 22 of this Regulation and at least 5
(five) consecutive lots of the same goods exported to markets specified at
Point b, Clause 1, Article 4 of this Regulation have satisfactory inspection
results;
c/ For goods for domestic
consumption: These goods do not violate Point a, Clause 2, Article 22 of this
Regulation and at least 5 (five) consecutive lots of these goods have
satisfactory inspection results;
d/ For imported goods batches:
At least 5 (five) imported lots of the same goods of the same origin have satisfactory
inspection results.
Chapter IV
RESPONSIBILITIES AND
POWERS
Article
25.- Responsibilities and powers of goods owners:
1. Responsibilities:
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b/ To create conditions for
staffs of the inspection agency to perform inspection tasks and take samples,
and supply sufficient relevant dossiers and documents;
c/ To refrain from changing
product characteristics or labeling information already registered and
subjected to food quality, hygiene and safety inspection and certification;
d/ To take responsibility for
results of analysis of food quality, hygiene and safety criteria of fisheries
goods carried out by themselves with regard to export goods batches eligible
for reduced inspection;
dd/ To take appropriate measures
to handle goods batches which fail to satisfy food quality, hygiene and safety
requirements, returned or recalled goods batches at the request of the
inspection agency and competent agencies;
e/ To pay inspection charges and
certification fees under Chapter V, even in case they refuse to receive
certificates or their goods batches fail to satisfy food quality, hygiene and
safety requirements.
2. Powers:
a/ To select an inspection
agency and a testing laboratory to conduct the analysis, for cases specified in
Clause 2, Article 4 of this Regulation;
b/ To be eligible for reduced
inspection if they satisfy all the requirements specified in this Regulation;
c/ To request the inspection
agency to supply information, regulations and forms relevant to the inspection
and certification of food quality, hygiene and safety of fisheries goods under
this Regulation;
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Article
26.- Responsibilities and powers of inspectors
1. Responsibilities:
a/ To conduct the inspection and
certification of food quality, hygiene and safety under regulations within
their assigned scope;
b/ To strictly comply with the
inspection order and procedures; to ensure the accuracy, truthfulness and
objectivity of the inspection of goods batches;
c/ To keep confidential
information on production and business activities of inspected establishments;
d/ To be answerable to the head
of the inspection agency and held responsible before law for their inspection
results.
2. Powers:
a/ To request concerned
establishments to supply relevant dossiers and samples to serve the inspection:
to photograph, copy or take notes of information necessary for inspection;
b/ To enter places where aquatic
products are manufactured, stored, preserved or transported for product
inspection;
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d/ To refuse to conduct
inspection in cases goods owners fail to comply with the provisions of Points a
and b, Clause 1, Article 25 of this Regulation;
dd/ To propose measures of
handling food quality, hygiene and safety violations.
Article
27.- Responsibilities and powers of the inspection agency
1. Responsibilities:
a/ To conduct the inspection and
certification of food quality, hygiene and safety of fisheries goods under
regulations and within the scope of its assigned tasks and powers; to ensure
the accuracy, truthfulness and objectivity of inspection and certification;
b/ To supply forms and guide
goods owners in making dossiers of registration for inspection (if any) under
regulations;
c/ To receive dossiers of
registration for inspection, organize the inspection, sampling, testing and
issue of certificates or notices of failure according to the prescribed order
and procedures and provisions of this Regulation;
d/ To keep inspection and
certification dossiers for at least 2 (two) years and supply them to competent
agencies upon request;
dd/ To receive and settle in a
prompt and proper manner goods owners' complaints about its inspection and certification
of food quality, hygiene and safety of fisheries goods;
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g/ To pay damages to goods
owners for consequences caused by its faults or errors made during the
inspection and certification under current law;
h/ To comply with the National
Agro-Forestry-Fisheries Product Quality Assurance Department's uniform
professional direction and guidance and submit to its periodical examination
and supervision of the inspection and certification of food quality, hygiene
and safety of fisheries goods;
i/ To send quarterly and annual
reports on the inspection and certification of food quality, hygiene and safety
of fisheries goods to the National Agro-Forestry-Fisheries Product Quality
Assurance Department;
k/ To coordinate with other
inspection agencies in supplying information upon request;
l/ To collect inspection and
certification fees and charges specified in Chapter V.
2. Powers:
a/ To request goods owners to
supply documents related to the origin and food quality, hygiene and safety of
goods batches registered for inspection;
b/ To take samples of and
inspect goods batches under this Regulation;
c/ To refuse to conduct the
inspection and certification of food quality, hygiene and safety in case goods
owners fail to strictly comply with the provisions of Clause 1, Article 25 of
this Regulation;
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dd/ To propose concerned
agencies to handle goods owners that fail to comply with regulations on food
quality, hygiene and safety inspection and certification.
Article 28.-
Responsibilities and powers of testing laboratories
1. Responsibilities:
a/ To strictly comply with the
testing procedures, ensure capability of testing equipment and keep confidential
goods owners' information under law;
b/ To ensure that testing
results are accurate and objective; to promptly notify and take responsibility
for testing results;
c/ To participate in testing
skill improvement programs at the request of the National
Agro-Forestry-Fisheries Product Quality Assurance Department;
d/ To store and preserve under
regulations testing samples for at least 7 (seven) days after obtaining testing
results for samples subject to inspection of chemical criteria;
dd/ To keep dossiers and
documents related to testing activities for 2 (two) years;
e/ To pay damages under current
law to goods owners for consequences caused by faults or errors made during
tests they have conducted.
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a/ To refuse to receive samples
not up to requirements; to refuse to test samples or criteria beyond the scope
of accreditation;
b/ To be provided with
information and training conditions in order to raise their testing capability;
c/ To collect testing fees and
charges specified by law.
Article
29.- Responsibilities of the National Agro-Forestry-Fisheries Product
Quality Assurance Department
1. To provide uniform
professional guidance for and periodically inspect and supervise the inspection
agencies' inspection and certification of food qua! iry, hygiene and safety of
fisheries goods.
2. To perform the unified
management of professional operations of, and train, retrain and issue
certificates to, staff conducting the inspection and certification of food
quality, hygiene and safety of fisheries goods nationwide.
3. To receive dossiers for
registration, evaluation and accreditation of testing laboratories that have
sufficient conditions for analyzing chemical and micro-biological criteria of
aquatic products for fisheries goods inspection and certification.
4. To update information on
requirements of importing markets before notifying them to establishments and
inspection agencies.
5. To send biannual reports to
the Agriculture and Rural Development Ministry and concerned agencies on the
inspection and certification of food quality, hygiene and safety of fisheries
goods throughout the country.
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a/ A list of criteria subject to
inspection and permissible limits applicable to each fisheries goods/fisheries
goods group on relevant markets;
b/ A list of testing methods and
required trace limits of microbiological and chemical criteria related to food
quality, hygiene and safety of fisheries goods.
c/ A list of markets referred to
at Points b and c, Clause 1, Article 4 of this Regulation.
d/ A list of testing
laboratories accredited by the National Agro-Forestry-Fisheries Product Quality
Assurance Department as qualified for analyzing food quality hygiene and safety
criteria of fisheries goods.
7. To provide guidance on the
forms and methods of management of certificates for uniform application
nationwide.
8. To guide inspection agencies
in conducting reduced inspection under this Regulation.
Article
30.- Responsibilities of provincial-level Agriculture and Rural Development
Services
1. To direct, guide and inspect
the implementation of this Regulation by inspection agencies under their
management.
2. To guide, disseminate and
inspect the observance of regulations of the Agriculture and Rural Development
Ministry and the professional guidance of the National Agro-Forestry-Fisheries
Product Quality Assurance Department.
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4. To coordinate with concerned
agencies in their localities in organizing the guidance and public information
on, and education about food quality, hygiene and safety knowledge under their
management.
Chapter V
INSPECTION AND
CERTIFICATION FEES AND CHARGES
Article
31.- Fees and charges
1. Inspection agencies may
collect fees and charges for the inspection and certification of food quality,
hygiene and safety of fisheries goods under the Finance Ministry's current
regulations.
2. Fees and charges for the
inspection and certification of food quality, hygiene and safety of fisheries
goods shall be managed and used under the Finance Ministry's current
regulations.
Chapter VI
COMPLAINTS, SETTLEMENT
OF COMPLAINTS AND HANDLING OF VIOLATIONS
Article
32.- Complaints and settlement of complaints
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2. Inspection agencies shall
receive and settle complaints and denunciations of goods owners in accordance
with the Law on Complaints and Denunciations.
3. Goods owners shall bear all
charges for re-inspection of stored samples in case re-inspection results are
not different from initial inspection results.
4. In case inspection results of
inspection agencies or testing laboratories are inaccurate, causing damage to
goods owners, goods owners may claim damages under law.
Article
33.- Handling of violations
1. Acts violating this
Regulation shall be handled under the Government's current regulations on
handling of administrative violations in the fisheries domain and other
relevant provisions of law.
2. Acts of obstructing or opposing
operations of inspection agencies, and acts violating this Regulation and
causing serious consequences may be examined for penal liability under law.
Article 34.-
The National Agro-Forestry-Fisheries Product Quality
Assurance Department and provincial-level Agriculture and Rural Development
Services shall sum up opinions of all organizations and individuals on problems
arising in the course of implementation of this Regulation and submit them to
the Agriculture and Rural Development Ministry for consideration and
appropriate revision.