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THE
MINISTRY OF AQUATIC RESOURCES
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
15/2002/QD-BTS
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Hanoi,
May 17, 2002
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DECISION
PROMULGATING THE REGULATION ON CONTROL OF RESIDUES OF TOXIC
AND HAZARDOUS SUBSTANCES IN REARED AQUATIC ANIMALS AND PRODUCTS THEREOF
THE MINISTER OF AQUATIC RESOURCES
Pursuant to the Government’s
Decree No.50/CP of June 21, 1994 on the tasks, powers and organizational structure
of the Ministry of Aquatic Resources;
Pursuant to the Government’s Decree No.86/CP of December 8, 1995 assigning the
responsibilities for State management over goods quality;
At the proposal of the director of the Science and Technology Department,
DECIDES:
Article 1.- To
promulgate together with this Decision the Regulation on control of residues of
toxic and hazardous substances in reared aquatic animals and products thereof.
Article 2.-
This Decision takes effect 15 days after its signing.
Article 3.-
The director of the Office, the director of the Science and Technology
Department, the director of the Department for Protection of Aquatic Resources,
the director of the Center for Aquatic Animal Quality and Hygiene Control; the
directors of the provincial/municipal Services of Aquatic Resources and
Services of Agriculture and Rural Development with aquatic resources management
responsibility, and the heads of the concerned units shall have to implement
this Decision.
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FOR THE MINISTER OF AQUATIC
RESOURCES
VICE MINISTER
Nguyen Thi Hong Minh
REGULATION
ON CONTROL OF RESIDUES OF TOXIC AND HAZARDOUS SUBSTANCES IN
REARED AQUATIC ANIMALS AND PRODUCTS THEREOF
(Promulgated together with Decision No. 15/2002/QD-BTS of April 29, 2002 of
the Minister of Aquatic Resources)
Chapter I
GENERAL PROVISIONS
Article
1.- Application objects and scope
This Regulation prescribes the
responsibilities and powers of units involved in the activities of controlling
residues of toxic and hazardous substances in reared aquatic animals and
products thereof (hereinafter referred to as reared aquatic animals for short)
used as foodstuffs.
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Article
2.- Term interpretation
In this Regulation, the
following terms are construed as follows:
1. Residues of toxic and
hazardous substances (called residues for short) mean residual content of
veterinary drugs, growth and reanimalion stimulants, toxic and hazardous
substances originated from feeds, rearing environment, and their derivatives
left over in reared aquatic animals, which may harm consumers health.
2. Equivalent commercial aquatic
animal rearing areas (hereinafter referred to as rearing areas for short) are
rearing areas concurrently satisfying the following requirements:
a/ Rearing the same feeder,
b/ Applying the same rearing
form,
c/ Having the same rearing
environment.
3. Aquatic raw material lot
means a collection of many individuals of a reared aquatic animal harvested at
the same time in an equivalent commercial aquatic animal rearing area.
Article
3.- Bases for controlling residues at establishments
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2. For reared aquatic animals
exported to markets with requirements and standards different from those of
Vietnam, the control and supervision of residues shall be based on the
importing countries standards or regulations recognized and permitted for
application by the Ministry of Aquatic Resources, or under agreements signed
between Vietnam and importing countries.
Article 4.- Assignment
of tasks
1. The Science and Technology
Department shall perform the function of State management over the control of
residues in reared aquatic animals.
2. The Department for Protection
of Aquatic Resources shall perform the State management function of directing
and coordinating activities of supervising the environment and harvesting
reared aquatic animals by the local sub-departments for protection of aquatic
resources.
3. The provincial/municipal
Services of Aquatic Resources and Services of Agriculture and Rural Development
with aquatic resources management responsibility shall perform the function of
State management in localities over the control of residues in reared aquatic
animals.
4. The Center for Aquatic Animal
Quality and Hygiene Control shall organize the administration of the program
for residue control, directly carry out the plan for control of residues in
reared aquatic animals and inspect the implementation thereof (hereinafter
referred to as the inspecting body).
5. Local sub-departments for
protection of aquatic resources shall supervise the rearing environment and
harvesting in rearing areas (hereinafter referred to as the supervising
bodies).
6. Authorized testing labs are
those inside or outside the aquatic resources branch, which are fully capable
of analyzing norms of residues in reared aquatic animals and designated by the
inspecting body.
Chapter II
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Article 5.-
Responsibilities and powers of the Science and Technology Department
1. To organize the promulgation
of, or elaborate and propose to the Ministry of Aquatic Resources for
promulgation, technical regulations, branch standards and documents regarding
the State management over the control of residues in reared aquatic animals;
2. To evaluate the plan on
control of residues in reared aquatic animals, drawn up and submitted by the
inspecting body to the Ministry of Aquatic Resources for approval;
3. To assume the prime
responsibility and coordinate with the concerned State management agencies in
inspecting the observance of this Regulation by involved parties;
4. To head inspection
delegations and settle complaints about activities of controlling residues in
reared aquatic animals;
5. To request, on behalf of the
Minister of Aquatic Resources, the provincial/municipal Services of Aquatic
Resources, Services of Agriculture and Rural Development with aquatic resources
management responsibility, and the inspecting body to extraordinarily report or
supply necessary information on the control of residues.
Article 6.-
Responsibilities and powers of the Department for Protection of Aquatic
Resources
1. To join delegations for
inspection of activities of controlling residues in reared aquatic animals; and
take part in settling complaints;
2. To direct the supervising bodies
in fully observing relevant provisions in this Regulation, and request them to
supply information related to the control of residues.
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1. To direct the dissemination
of and guidance on regulations, standards and animalion norms regarding
residues in aquatic animals among enterprises, organizations and individuals
rearing aquatic animals;
2. To direct the supervising
bodies in organizing the implementation of this Regulation toward the
establishments defined in Article 1;
3. To inspect and supervise the
observance of this Regulation by the involved units under their respective
management;
4. To make quarterly, annual or
extraordinary reports on activities of controlling residues in reared aquatic
animals in localities under their respective management at the request of the
Ministry of Aquatic Resources;
5. To request the supervising
bodies to supply information related to activities of controlling residues in
reared aquatic animals in localities under their respective management.
Article 8.-
Responsibilities and powers of the inspecting body
1. To work out annual plans on
residue control and submit them to the Ministry of Aquatic Resources for
approval; to organize the administration and periodically review the
implementation of such plans, and notify supplements and/or readjustments
thereto to make them suitable to realities.
2. To receive and process
dossiers for evaluation of testing labs, and designate testing labs authorized
to analyze residues;
3. To elaborate and promulgate
procedures for recognizing authorized testing labs. To unify residue-analyzing
methods for use by the authorized testing labs;
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5. To receive and process on a
monthly basis the results of the analysis of residues in samples of reared
aquatic animals from the authorized testing labs; then notify the analysis
results to the concerned agencies. In cases where analysis results show that
residue contents exceed the prescribed limit, it shall notify areas where the
reared aquatic animal harvest is prohibited, together with remedial measures to
the provincial/municipal Services of Aquatic Resources and Services of
Agriculture and Rural Development with aquatic resource management
responsibility, the Department for Protection of Aquatic Resources, the
supervising bodies and aquatic animal processing enterprises;
6. To coordinate with the local
functional bodies in devising plans for handling environmental incidents in
rearing areas, if any;
7. To elaborate and promulgate
declaration forms of origin of reared aquatic animals, technical instructions
on methods of sampling, preservation and transport of reared aquatic animal
samples and other relevant technical materials;
8. To assume the prime
responsibility and coordinate with other agencies in organizing training
courses to provide guidance on the Regulation on residue control, in order to
forge close and harmonious coordination from the central to local levels;
coordinate with the local State management agencies and the supervising bodies
in organizing courses guiding organizations and individuals producing and/or
trading in aquatic animals to observe the standards, norms and procedures for
controlling residues in reared aquatic animals;
9. To make quarterly, annual or
extraordinary reports on the results of the control of residues in reared
aquatic animals and supply other relevant information, when so requested by the
Ministry of Aquatic Resources;
10. To make and submit on an
annual basis tentative funding estimates to the Ministry of Aquatic Resources
for approval and allocation of funds to the units involved in the residue
control (defined in Article 4);
11. To request the supervising
bodies to supply monthly or extraordinary information related to the situation
of aquatic animal rearing and residue control in their respective localities.
Article 9.-
Responsibilities and powers of the supervising bodies
1. To base themselves on residue
control plans already approved by the Ministry of Aquatic Resources to take
samples of reared aquatic animals in rearing areas under their respective
management, preserve and transport them to the authorized testing labs strictly
according to regulations;
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3. To supervise the harvesting
at rearing ponds, and prevent the processing and putting into market
circulation of reared aquatic animals from harvesting prohibition areas;
4. To notify the rearing
establishments of drugs and chemicals banned from use in aquaculture.
5. To distribute aquatic animal
origin declaration forms to rearing establishments in their respective
management localities; to guide rearing establishments and establishments
collecting and purchasing raw materials being reared aquatic animals in
observing the provisions of this Regulation;
6. To make monthly, annual or
extraordinary reports on activities of controlling residues in reared aquatic
animals and supply other relevant information when so requested by the
inspecting body, the provincial/municipal Services of Aquatic Resources or
Services of Agriculture and Rural Development with aquatic animal management
responsibility;
7. To coordinate with the
inspecting body and other concerned agencies in devising plans for handling
environmental incidents in rearing areas, if any;
8. To request rearing
establishments to inform the situation of diseases and epidemics, used
veterinary drugs for aquatic animals and chemicals (if any), output and species
of aquatic animals reared and harvested in the year, the harvesting time and
other information related to activities of controlling residues in reared
aquatic animals.
Article
10.- Responsibilities of authorized testing labs
1. To conduct the analysis of
residue norms under the designation by the inspecting body;
2. To promptly notify the analysis
results to the inspecting body; and bear responsibility for such analysis
results.
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1. The establishments rearing
commercial aquatic animals have to ensure that:
a/ They do not use any
chemicals, veterinary drugs and growth stimulants banned from use as prescribed
by the Ministry of Health and the Ministry of Aquatic Resources.
b/ They use substances permitted
for use in right doses and stop using them within a prescribed time before
harvesting reared aquatic animals in order to keep residues of such substances
in harvested aquatic animals below the permitted level.
c/ They apply measures to
prevent the danger of contamination of residues in reared aquatic animals.
2. To notify to the supervising
bodies in rearing areas of species of reared aquatic animals, rearing forms and
acreage (or number of rearing cages and space of each cage), harvesting time,
veterinary drugs and chemicals for use, if any, and other necessary information
related to activities of controlling residues in reared aquatic animals;
3. Not to harvest reared aquatic
animals in areas where harvesting is prohibited;
4. To be subject to the
supervision by the supervising bodies; create conditions for the inspecting
body and supervising bodies to perform their tasks prescribed in this
Regulation; supply aquatic animal samples for residue analysis according to the
inspecting body’s approved plans.
5. To fully and accurately fill
in reared aquatic animal origin declaration forms and hand them to the
processing enterprises and collecting-purchasing establishments upon selling
and delivering aquatic animals;
6. To make written records on
aquatic raw materials lots for purpose of tracing the origin thereof when detecting
aquatic animal samples with residues exceeding the permitted level or
containing banned substances.
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1. Not to collect and purchase
raw materials from areas where the aquatic animal harvesting is prohibited;
2. To supply declaration forms
of origin of reared aquatic animals for each raw material lot to aquatic
animal-processing establishments and other aquatic raw material-trading
establishments when selling and delivering raw materials;
3. To be subject to the
supervision by the local supervising bodies, supply information related to raw
materials lots to the latter when so requested; and supply samples of purchased
aquatic animals for analyzing residues at the request of the inspecting body.
4. To make written records on
aquatic raw materials lots for purpose of tracing the origin thereof when
detecting aquatic animal samples with residues exceeding the permitted level or
containing banned substances.
Article
13.- Responsibilities of aquatic animal processing establishments
1. To purchase only raw
materials being reared aquatic animals with clear origin from areas where the
harvesting thereof is not prohibited;
2. To keep all declaration forms
of origin of reared aquatic animals for each raw material lot;
3. To comply with regulations of
the inspecting body. In cases where animals are made from raw materials lots
detected to containing residues in excess of the permitted level, such lots
shall be promptly seized for handling.
Chapter
III
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Article
14.- Residues in reared aquatic animals exceeding the permitted level
In rearing areas, when any
aquatic animal sample is detected to contain residues in excess of the
permitted level, the inspecting body and the supervising bodies shall carry out
the following activities:
1. The inspecting body shall
coordinate with the supervising bodies in:
a/ Identifying causes for the
fact that reared aquatic animals contain residues exceeding the permitted
level;
b/ Devising and applying
appropriate measures to handle the aquatic animals in such rearing areas;
c/ Guiding and controlling organizations
and individuals rearing aquatic animals in the application of already devised
measures;
2. The inspecting body shall
announce areas where the harvesting of reared aquatic animals for use as
foodstuffs is prohibited;
3. The supervising bodies shall
send notices on areas where the harvesting of reared aquatic animals for use as
foodstuffs is prohibited to rearing establishments and establishments
collecting and purchasing aquatic raw materials; and at the same time, organize
and inspect the suspension of harvesting and apply remedial measures at the
request of inspecting bodies.
Article
15.- Detection of residues exceeding the permitted level in lots of raw
materials being reared aquatic animals or animals of reared aquatic animals
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1. Identifying establishments
rearing, collecting, purchasing or processing such aquatic raw materials lots;
2. Taking samples for
re-analyzing residues.
If residues exceed the permitted
level, the inspecting body shall coordinate with the supervising body in
notifying such to owners of aquatic raw material lots and requesting them to apply
measures to treat such lots so as to ensure safety and health of the community.
The supervising body shall have to monitor and inspect the application of the
said measures by the lot owners.
Article
16.- Residues in aquatic animals in rearing areas where the harvesting is
prohibited, which are below the permitted level
Where the results of the
intensified inspection show that residues in aquatic animals in rearing areas
where the aquatic animal harvesting is prohibited are below the permitted
level, the inspecting body shall send notices on areas where harvesting is
permitted to be continued to the concerned agencies, while the supervising
bodies shall send such notices to rearing establishments and raw material
purchasing establishments.
Chapter IV
COMPLAINTS AND HANDLING
OF VIOLATIONS
Article
17.- All organizations and individuals have the right to complain about and
denounce acts of violation of this Regulation according to the provisions of
law.
Article
18.- All organizations and individuals that violate this Regulation shall,
depending on the nature and severity of their violations, be disciplined,
administratively sanctioned or examined for penal liability according to the
provisions of law.
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IMPLEMENTATION
PROVISIONS
Article
19.- The Science and Technology Department, the Department for Protection
of Aquatic Resources, the provincial/municipal Services of Aquatic Resources
and Services of Agriculture and Rural Development with aquatic resource
management responsibility, the Center for Aquatic Animal Quality and Hygiene
Control, the local sub-departments for protection of aquatic resources shall,
within the ambit of their responsibilities and powers, have to guide the
implementation of this Regulation.
Article
20.- All previous stipulations contrary to this Regulation are hereby
annulled. All amendments or supplements to this Regulation shall be decided by
the Minister of Aquatic Resources.
FOR THE MINISTER OF AQUATIC
RESOURCES
VICE MINISTER
Nguyen Thi Hong Minh