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THE
MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
03/2011/TT-BNNPTNT
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Hanoi,
January 21, 2011
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CIRCULAR
ON TRACING AND RECALL OF FISHERY PRODUCTS FAILING TO MEET
FOOD QUALITY AND SAFETY REQUIREMENTS
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: and the Government's Decree No. 75/2009/ND CP of September 10.
2009. amending Article 3 of Decree No. OI/2008/ND-CP of January 3, 2008:
Pursuant to the 2007 Law on Product and Goods Quality:
Pursuant to the Government's Decree No. 132/2008/ND CP of December 31. 2008.
detailing a number of articles of the Law on Product and Goods Quality:
Pursuant to the July 20. 2003 Ordinance on Food Hygiene and Safely:
Pursuant to the Government's Decree No.163/20D4/ND CP of September 7. 2004.
detailing a number of articles of die Ordinance on hood Hygiene and Safely:
The Ministry of Agriculture and Rural Development provides the tracing and
recall of fishery products failing to meet food quality and safety requirements
as follows:
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Circular
provides principles and procedures for the tracing and recall of fishery
products failing to meet food quality and safely requirements: and
responsibilities of organizations and individuals engaged in fishery production
and business, and agencies involved in the implementation of this Circular.
Article 2. Subjects of application
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a/ Fishing
vessels with main engine capacity of 50 HP or higher: aquatic animal feed
producers and traders: producers and traders of chemicals and products for
aquaculture environment treatment and improvement; producers, traders and
hatcheries of commercial aquatic animal seeds, and aquaculture establishments:
b/
Independent ice producers serving aquatic product preservation and processing:
establishments procuring, preliminarily processing, storing, preserving,
packing and processing aquatic products for domestic consumption:
c/ Export
aquatic food processing vessels: establishments cleaning and supplying live
bivalve mollusks (with products served raw): independent cold storehouses
preserving aquatic products; establishments preliminarily processing, packing
and processing aquatic products and having export products.
2. This
Circular does not apply to households and individuals producing fishery
products on a small scale for domestic use without sale in the market; and
producers of products of aquatic origin which are not used as food.
Article 3. Interpretation of terms
In this
Circular, the terms below are construed as follows:
1. Fishery
products include aquatic animal feed; chemicals and products for aquaculture
environment treatment and improvement: aquatic animal seeds: ice for aquatic
product preservation and processing: seafood and aquatic products used as food.
2. Tracing
means the possibility to monitor and locate a product unit through specific
steps of production, processing and distribution (by Codex Alimentarius
standards).
3. Product
recall means taking measures to remove a product which fails to meet food
quality and safely requirements from the chain of production, processing and
distribution.
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5. Production
lot (batch) means a specific quantity of goods produced according to the same
technological process and under the same production conditions within an
uninterrupted period of lime.
6. Lot of
receipt means a quantity of materials procured and received once by an
establishment for production.
7. Lot of
delivery means a quantity of products of an establishment delivered once.
Article 4. Inspection and supervision agencies
Agencies
inspecting and supervising the observance of regulations on tracing and recall
of fishery products failing to meet food quality and safety requirements are:
1. The
Directorate of Fisheries: and designated professional agencies under
provincial-level Agriculture and Rural Development Departments, which shall
inspect and supervise the establishments specified at Point a. Clause 1.
Article 2 of this Circular in implementing this Circular.
2. The
National Agro-Forestry-Fisheries Quality Assurance Department and its attached
agencies and units, which shall inspect and supervise the establishments
specified at Point c. Clause I. Article 2 of this Circular in implementing this
Circular.
3.
Agro-Forestry-Fisheries Quality Assurance Sub-Departments (or professional
agencies designated by provincial-level Agriculture and Rural Development
Departments in cities and provinces without an Agro-Forestry-Fisheries Quality
Assurance Sub-Department), which shall inspect and supervise the establishments
specified at Point b. Clause 2. Article 2 of this Circular in implementing this
Circular.
Chapter II
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Article 5. Tracing
The
establishments specified in Clause 1, Article 2 of this Circular shall
establish a tracing system meeting the requirements provided in the Appendix to
this Circular.
Article 6. Recall of lots of delivery
1. An
establishment specified in Clause 1, Article 2 of this Circular shall adopt a
policy to recall lots of delivery failing to meet food quality and safely
requirements in the following cases:
a/ The
establishment voluntarily recalls a lot of delivery when detecting that such
lot is made from input materials which fail to meet food quality and safety
requirements or is produced/ processed or preserved in the conditions failing
to meet food quality and safety requirements;
b/ The
establishment shall recall a lot of delivery at the request of an inspection
and supervision agency in the following cases:
- The lot is
requested by a competent agency of Vietnam or an importing country for recall
or return for its failure to meet food quality and safety requirements;
- The lot is
originated from an aquatic animal rearing establishment/area or harvesting area
which is detected to fail to meet food quality and safety requirements within
the scope of national surveillance programs for food hygiene and safety.
2. An
establishment specified in Clause 1. Article 2 of this Circular shall establish
procedures to recall kits of delivery, which must meet the requirements
provided in the Appendix to this Circular.
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1. Notice of
recall: An inspection and supervision agency assigned under Article 4 of this
Circular shall issue a notice requesting an establishment to trace and recall a
lot of delivery which fails to meet food quality and safety requirements. This
notice must contain the following information on the lot of delivery:
a/ Name of
the establishment responsible for tracing and recalling the lot of delivery;
b/
Information to identify the lot in question (type, identification code,
volume):
c/ Reason for
tracing and recall;
d/ Scope of
and deadline for recall.
2. Recall:
After receiving a notice of recall, an establishment shall trace and recall a
lot of delivery as follows:
a/ To
identify the lot in question through the establishment's tracing system;
b/ To determine
the lot and the scope of tracing and recall;
c/ To submit
a recall plan to an inspection and supervision agency and to request its
assistance in recall (when necessary);
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e/ To report
results to an inspection and supervision agency after recalling and handling
the lot.
3. An
inspection and supervision agency may-verify an establishment's product tracing
and recall when necessary.
Chapter III
RESPONSIBILITIES OF
INVOLVED PARTIES AND HANDLING OF VIOLATIONS
Article 8. The Directorate of Fisheries
1. To provide
and detail regulations (including a system of establishment identification
codes) on tracing and recall of fishery products failing to meet food quality
and safety requirements applicable to the establishments specified at Point a.
Clause 1, Article 2 of this Circular.
2. To direct
and guide professional agencies under provincial-level Agriculture and Rural
Development Departments in applying this Circular to the establishments
specified at Point a, Clause L Article 2 of this Circular.
3. To inspect
and supervise professional agencies under provincial-level Agriculture and
Rural Development Departments in conducting inspection and supervision as
assigned under Clause 1. Article 4 of this Circular.
Article 9. The National Agro-Forestry-Fisheries Quality
Assurance Department
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2. To direct
and guide its attached units and Agro-Forestry-Fisheries Quality Assurance Sub-
Departments or professional agencies assigned by provincial-level Agriculture
and Rural Development Departments in inspecting and supervising the
implementation of this Circular by the respective establishments specified at
Points b and c. Clause .1. Article 2 of this Circular.
3. To inspect
and supervise its attached units and Agro-Forestry-Fisheries Quality Assurance
Sub-Departments or professional agencies of provincial-level Agriculture and
Rural Development Departments in conducting inspection and supervision as
assigned under Clauses 2 and 3, Article 4 of this Circular.
Article 10. Provincial-level Agriculture and Rural
Development Departments
1. To direct
their professional agencies in inspecting and supervising the implementation of
this Circular as assigned under Clauses 1 and 3. Article 4 of this Circular.
2. Quarterly
or upon request, to report to the Ministry of Agriculture and Rural Development
(the Directorate of Fisheries or the National Agro-Forestry-Fisheries Quality
Assurance Department) on tracing and recall of fishery products failing to meet
food quality and safety-requirements in their localities.
Article 11. Establishments
1. To comply
with the guidance of inspection and supervision agencies specified in Article 4
of this Circular and related laws.
2. To submit
to inspection and supervision of the implementation of this Circular and
handling measures provided by inspection and supervision agencies.
3. To comply
with Articles 5 and 6. and Clause 2, Article 7. of this Circular and report to
inspection and supervision agencies when so requested.
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Inspection
and supervision agencies shall consider and handle under the Ministry of
Agriculture and Rural Development's regulations violations of this Circular as
violations of conditions on food quality, hygiene and safety assurance for
fisheries producers and traders.
Chapter IV
IMPLEMENTATION
PROVISIONS
Article 13. Transitional provisions
1. This
Circular applies on its effective dale to the establishments specified in
Clause 1. Article 2 of this Circular.
2. This
Circular applies on January 1. 2012. to fishing vessels with main engine
capacity ranging from 50 I IP to under 90 HP.
Article 14. Effect
This Circular
lakes effect 45 (forty -live.) days hum the date of its signing.
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MINISTER
OF AGRICULTURE AND RURAL
DEVELOPMENT
Cao Duc Phat
APPENDIX
REQUIREMENTS FOR TRACING AND RECALL OF FISHERY
PRODUCTS FAILING TO MEET FOOD QUALITY AND SAFELY REQUIREMENTS
( To Circular No. 03/2011/TT-BNNPTNT of January 21. 2011)
I. GENERAL REQUIREMENTS
I. For
tracing:
a/
Establishments shall establish a tracing system under the one step back-one
step forward principle to enable the identification and tracing of a product
unit in specific steps of production, processing and distribution:
b/ Product
origin must be traced through information, including the system of product
identification codes (coding), stored throughout the production process of
establishments:
c/
Establishments shall store and provide information which must enable the
identification of production lots; lots of receipt, suppliers and lots of
delivery and recipients:
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2. For
product recall: Establishments shall establish appropriate procedures which
ensure recall and removal of products failing to meet food quality and safely
requirements or likely causing food safely risks from establishments in the
chain of production, distribution and sale.
3. The
tracing system and procedures for recall of products failing to meet food
quality and safely requirements must be reviewed and adjusted at least once a
year to meet practical operation requirements of establishments.
II. TRACING SYSTEM
I.
Establishment of a tracing system:
A tracing
system must coven
a/ Scope of application
of the system;
b/ Procedures
for coding and identification of materials and semi-finished and finished
products throughout the production process. Product coding procedures must
ensure convenient tracing of necessary information on preceding production
steps;
c/ Procedures
for recording and storing dossiers in the production process;
d/ Procedures
for regular inspection and revision of the system;
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f/ Assignment
of implementation responsibilities.
2.
Information storage and provision: 2.1. Information storage:
2.1.1.
2.1.1 Information which must be stored in each establishment for tracing
purposes:
a/ For a lot
of receipt:
- Name,
address and code (if any) of the supplier;
- Time and place
of receipt;
- Information
on the lot (type, volume, identification code).
b/ For a
production lot: Information on the lot at each step (production time, type,
volume, identification code of the lot/batch);
c/ For a lot
of delivery:
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- Time and
place of delivery;
- Information
on the lot (type, volume, identification code).
2.1.2. For a
lot of aquatic materials imported for processing, an establishment must
additionally store information on the exporting country.
2.1.3. A
system of data management and coding of information for tracing must be stored
in an appropriate medium ensuring convenient tracing. Dossiers must be stored
for at least:
a/ Six (6)
months, for raw aquatic products:
b/ Two (2)
years, for frozen and processed aquatic products:
c/ One (1)
production cycle, for each aquatic animal seed;
d/ Six (6)
months after the expiry date of each aquatic animal feed or product for
aquaculture environment treatment and improvement.
2.2.
Information provision:
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3. Tracing
order and procedures:
An
establishment shall trace products as follows:
a/ To receive
the request for tracing a production lot/lot of delivery;
b/ To assess
the necessity for such tracing:
c/ To
identify the lot in question through archives;
d/ To
identify production steps related to the lot in question;
e/ To find out
causes and the step which is out of control;
f/ To propose
handling measures;
g/ To make a
report after completing the tracing.
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4.1.
Establishment of product recall procedures:
a/ To
elaborate model recall plans:
b/ To apply
on trial and approve model recall plans.
4.2. Product
recall order and procedures:
a/ To receive
a recall request;
b/ To assess
the necessity of such recall;
c/ To adopt a
recall plan (based on the approved model plan) and submit it to the leadership
for approval;
d/ To recall
the product under the approved plan.
e/ To make a
report on recall and measures to handle the recalled lot and store dossiers.
When such a recall affects establishments in the chain of production,
processing and distribution, the establishment shall submit a report to an
inspection and supervision agency.