Thông tư 50/2014/TT-BNNPTNT sửa quy định về quản lý thức ăn chăn nuôi
- Tổng hợp lại tất cả các quy định pháp luật còn hiệu lực áp dụng từ văn bản gốc và các văn bản sửa đổi, bổ sung, đính chính…
- Khách hàng chỉ cần xem Nội dung MIX, có thể nắm bắt toàn bộ quy định pháp luật hiện hành còn áp dụng, cho dù văn bản gốc đã qua nhiều lần chỉnh sửa, bổ sung.
thuộc tính Thông tư 50/2014/TT-BNNPTNT
Cơ quan ban hành: | Bộ Nông nghiệp và Phát triển nông thôn |
Số công báo: | Đã biết Vui lòng đăng nhập tài khoản gói Tiêu chuẩn hoặc Nâng cao để xem Số công báo. Nếu chưa có tài khoản Quý khách đăng ký tại đây! |
Số hiệu: | 50/2014/TT-BNNPTNT |
Ngày đăng công báo: | Đã biết Vui lòng đăng nhập tài khoản gói Tiêu chuẩn hoặc Nâng cao để xem Ngày đăng công báo. Nếu chưa có tài khoản Quý khách đăng ký tại đây! |
Loại văn bản: | Thông tư |
Người ký: | Vũ Văn Tám |
Ngày ban hành: | 24/12/2014 |
Ngày hết hiệu lực: | Đã biết Vui lòng đăng nhập tài khoản gói Tiêu chuẩn hoặc Nâng cao để xem Ngày hết hiệu lực. Nếu chưa có tài khoản Quý khách đăng ký tại đây! |
Áp dụng: | |
Tình trạng hiệu lực: | Đã biết Vui lòng đăng nhập tài khoản gói Tiêu chuẩn hoặc Nâng cao để xem Tình trạng hiệu lực. Nếu chưa có tài khoản Quý khách đăng ký tại đây! |
Lĩnh vực: | Nông nghiệp-Lâm nghiệp |
TÓM TẮT VĂN BẢN
Ngày 24/12/2014, Bộ Nông nghiệp và Phát triển nông thôn đã ban hành Thông tư số 50/2014/TT-BNNPTNT sửa đổi, bổ sung một số điều của Thông tư số 66/2011/TT-BNNPTNT ngày 10/10/2011 quy định chi tiết một số điều Nghị định số 08/2010/NĐ-CP ngày 05/02/2010 của Chính phủ về quản lý thức ăn chăn nuôi, khẳng định thức ăn chăn nuôi nhập khẩu sẽ phải được kiểm tra hồ sơ, kiểm tra cảm quan và lấy mẫu đại diện để phân tích từ ngày 07/02/2015.
Riêng đối với thức ăn chăn nuôi tạm nhập tái xuất; thức ăn chăn nuôi quá cảnh, chuyển khẩu; thức ăn chăn nuôi gửi kho ngoại quan; thức ăn chăn nuôi là hàng mẫu tham gia các hội chợ, triển lãm, mẫu phân tích tại các phòng thử nghiệm và thức ăn chăn nuôi là mẫu để khảo nghiệm sẽ được miễn kiểm tra chất lượng.
Đối với các lô hàng là thức ăn chăn nuôi nhập khẩu cùng loại do cùng cơ sở sản xuất, của cùng đơn vị nhập khẩu đã có Giấy xác nhận chất lượng của 05 lô hàng nhập khẩu liên tiếp theo chế độ kiểm tra thông thường hoặc 03 lô hàng nhập khẩu liên tiếp theo chế độ kiểm tra giảm trong thời gian không quá 12 tháng trước đó sẽ không phải kiểm tra cảm quan và lấy mẫu để đánh giá sự phù hợp trong thời hạn 06 tháng. Trong thời hạn miễn kiểm tra chất lượng có thời hạn này, cơ quan kiểm tra có thể tiến hành kiểm tra đột xuất khi phát hiện có dấu hiệu vi phạm về chất lượng sản phẩm; trường hợp phát hiện sản phẩm không đảm bảo chất lượng, chế độ miễn kiểm tra chất lượng có thời hạn sẽ chấm dứt tại thời điểm đó.
Với các lô hàng là thức ăn chăn nuôi nhập khẩu cùng loại do cơ sở sản xuất của cùng đơn vị nhập khẩu đã có Giấy xác nhận chất lượng của 03 lô hàng nhập khẩu liên tiếp theo chế độ kiểm tra thông thường trong thời gian không quá 12 tháng trước đó hoặc đã được xác nhận đạt yêu cầu chất lượng và an toàn của tổ chức có thẩm quyền của nước ký kết Hiệp định thừa nhận lẫn nhau với Việt Nam trong hoạt động kiểm tra chất lượng thức ăn chăn nuôi... sẽ được áp dụng chế độ kiểm tra giảm trong 12 tháng; chỉ phải kiểm tra hồ sơ và kiểm tra cảm quan để đánh giá sự phù hợp của hàng hóa về các thông tin trong hồ sơ so với ghi trên nhãn hoặc tài liệu kỹ thuật thèm theo, độ nguyên vẹn, dạng, màu sắc của hàng hóa.
Thông tư này có hiệu lực thi hành kể từ ngày 07/02/2015.
Xem chi tiết Thông tư50/2014/TT-BNNPTNT tại đây
tải Thông tư 50/2014/TT-BNNPTNT
BỘ NÔNG NGHIỆP VÀ PHÁT TRIỂN NÔNG THÔN -------- Số: 50/2014/TT-BNNPTNT | CỘNG HÒA XÃ HỘI CHỦ NGHĨA VIỆT NAM Độc lập - Tự do - Hạnh phúc ---------------- Hà Nội, ngày 24 tháng 12 năm 2014 |
Nơi nhận: - Như Điều 4; - Văn phòng Chính phủ; - Lãnh đạo Bộ Nông nghiệp & PTNT; - Các Bộ, Cơ quan ngang Bộ thuộc CP; - Tổng cục Hải quan; - Cục Kiểm tra văn bản (Bộ Tư pháp); - Các đơn vị thuộc Bộ; - UBND các tỉnh, tp. trực thuộc TW; - Sở Nông nghiệp và PTNT các tỉnh, tp. trực thuộc TW; - Công báo Chính phủ; - Website Chính phủ; - Website Bộ Nông nghiệp & PTNT; - Lưu: VT, TCTS, CN. | KT. BỘ TRƯỞNG THỨ TRƯỞNG Vũ Văn Tám |
THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT
Circular No.50/2014/TT-BNNPTNT dated December 24, 2014 of the Ministry of Agriculture and Rural Development amending and supplementing a number of articles of the Circular No. 66/2011/TT-BNNPTNT dated October 10, 2011 of the Ministry of Agriculture and Rural Development detailing a number of articles of Decree No.08/2010/ND-CP dated 05/02/2010 of the Government on management of animal feed
Pursuant to the Government’s Decree No. 199/2013/NĐ-CP dated November 26, 2013 defining the functions, tasks, entitlements and organizational structure of the Ministry of Agriculture and Rural Development;
Pursuant to the Government s Decree No. 08/2010/NĐ-CP dated February 05, 2010 on the management of animal feeds;
At the proposal of General Director of Directorate of Fisheries, Director of the Department of Livestock Production,
The Minister of Agriculture and Rural Development has promulgated the Circular amending and supplementing some articles of the Circular No.66/2011/TT-BNNTPNT dated October 10, 2011 detailing some articles of the Government s Decree No. 08/2010/NĐ-CP dated February 05, 2010 on the management of animal feeds;
Article 1. To amend and supplement a number of articles of the Circular No. 66/2011/TT-BNNPTNT dated October 10, 2011 detailing some articles of the Government’s Decree No. 08/2010/NĐ-CP dated February 05, 2010 on the management of animal feeds (hereinafter referred to as the Circular No. 66/2011/TT-BNNPTNT) as follows:
1. To add Article 2a after Article 2:
“Article 2a. Interpretation of terms
In this Circular, some terms are construed as follows:
1. A batch means a group of animal feed products with the same information being written on labels or the same attached materials including name of product, brand, ingredients, name and address of production facility, date of manufacture, expiry date and production batch sign (if any).
2. A shipment means a group of animal feed products of the same type with one or more production batches being manufactured by the same production facility, or imported by the same importer in the same shipment and the same import document set.
3. Key ingredients of animal feeds mean substances that decide function and nature of the product, particularly:
a) Key ingredients of total mixed ration and concentrate feed for livestock, poultry and aquatic product mean crude protein and total lysine;
b) Key ingredients of raw material types and other animal feeds mean criteria that decide nature, function of the product announced by the manufacturer and written on label or attached materials.”
2. To amend and supplement the Article 5 as follows:
“Article 5. Permission for sale of animal feeds in Vietnam
1. Animal feeds allowed for sale in Vietnam are animal feeds certified by Directorate of Fisheries or the Department of Livestock production as having met conditions for being sold in Vietnam after the Minister of Agriculture and Rural Development grants an approval. On a monthly basis, Directorate of Fisheries and the Department of Livestock production shall publish a list of animal feeds allowed for sale in Vietnam on the portal of Directorate of Fisheries, the Department of Livestock production and the Ministry of Agriculture and Rural development for relevant organizations, individuals to get access to and execution.
2. Animal feeds allowed for sale in Vietnam must meet the following conditions:
a) For animal feed without national technical regulation, it is required that applied standards are published and its quality conforms to such standards.
b) For animal feed with national technical regulation, in addition to fulfillment of the provisions set out in Point a, Clause 2 of this Article, the declaration of conformity must be completed according to the provisions.
c) Results of experiments on domestic animals must be available:
For total mixed ration, experiment results shall be assessed by the internal assessment council (organizations and individuals shall carry out experiments themselves and assess the results according to experiment procedures established by the Ministry of Agriculture and Rural Development);
For new animal feeds, experiment results shall be assessed by the professional council of science established by Directorate of Fisheries or the Department of Livestock production.
3. Registration documents for animal feeds allowed for sale in Vietnam comprise:
a) Domestically manufactured animal feeds:
- Registration form for animal feeds allowed for sale in Vietnam (according to the Form defined in Appendix 3 enclosed herewith);
- Certificate of Business Registration or Investment Certificate (Authenticated copy, and submitted for the first time only);
- Applied standards (original or copy bearing the manufacturer’s confirmation);
- Experiment results (original or authenticated copy), product quality and hygiene safety norms defined in the applied standards or in respective national technical regulation granted by laboratories accredited by the Ministry of Agriculture and Rural Development (for norms without designated method of test). Experiment results of total mixed ration Certificate of standards or Certificate of conformity, or Decision about recognition of new animal feeds according to the law;
- Specimen product label (bearing the manufacturer’s seal).
b) For imported animal feeds, refer to the provisions set out in Article 6 of the Circular No. 66/2011/TT-BNNPTNT.
4. Documents of repeat registration for the sale of animal feeds in Vietnam comprise:
a) The application form for repeated registration of animal feeds allowed for sale in Vietnam (according to the Form defined in Appendix 4 enclosed herewith);
b) The applied standards (original or copy with confirmations given by the manufacturer), the declaration of standards and conformity according to the provisions of law or recognition of new animal feeds;
c) Specimen product label (affixed with seal by the manufacturer).
5. Procedures for handling of the registration documents for the sale of animal feeds in Vietnam (including repeat registration):
a) Organizations, individuals registering for the sale of animal feeds in Vietnam shall establish 01 set of documents and make submission of it by post to Directorate of Fisheries (for aquatic products) or the Department of Livestock production (for cattle feed and poultry).
b) Within 03 working days since receipt of the registration documents, Directorate of Fisheries or the Department of Livestock production shall be responsible for inspecting the document components and make a written notice to registrants for supplements if their documents are found unsatisfactory. Time limit for inspection of document components shall not exceed 05 working days if more than 10 products are registered.
c) If the documents are found satisfactory and the registered products meet quality requirements, within 12 working days, Directorate of Fisheries or the Department of Livestock production shall issue permission for the sale of such products in Vietnam (according to the Form as defined in Appendix 4A enclosed herewith) after approval is issued by the Minister of Agriculture and Rural Development. If more than 10 products are registered, the time limit shall increase by one day for each excessive product. In case permission is not issued, Directorate of Fisheries or the Department of Livestock production must make a reply in writing and state the reasons.
6. Modification of information of animal feeds allowed for sale in Vietnam:
Organizations and individuals shall be allowed to modify information about animal feed product allowed for sale in Vietnam provided that such modification does not change product quality, including change of product name, production facility address, phone and facsimile number, number of the applied standards, trademark, shape, size and color of products.
Organizations, individuals who request for modification of information of animal feed product must send one (01) document set to Directorate of Fisheries or the Department of Livestock production, the documents comprise:
a) Registration form for modification of information of animal feed product (according to the Form defined in Appendix 5 enclosed herewith);
Applicable standards (original or copy with confirmations given by the manufacturer);
c) Original of confirmation on modified information by the manufacturer (with respect to imported animal feeds);
d) Authenticated copy of Certificate of Business registration, Investment certificate or confirmation by competent authorities (in case changes are made to name of product facility, trade marks of imported animal feeds).
If the modification of information of animal feed product is approved, within 15 working days since receipt of eligible documents, Directorate of Fisheries or the Department of Livestock production shall issue recognition of modified information of such product (according to the Form as defined in Appendix 5A enclosed herewith). In case the modification is not approved, Directorate of Fisheries or the Department of Livestock production shall make a reply in writing and state the reasons.
7. Animal feeds commonly used for aquaculture and livestock and poultry farming:
a) Organizations, individuals registering for the sale of animal feeds in Vietnam or revising, supplementing related information shall send one (01) set of documents to Directorate of Fisheries or the Department of Livestock production.
b) Procedures and information of registration for the sale of animal feeds commonly used in aquaculture and livestock and poultry farming in Vietnam shall be applied in the same as the provisions of other animal feeds set out hereof.”
3. To amend and supplement Article 6 as follows:
“Article 6. Import of animal feeds
1. For the import of animal feeds that are allowed for sale in Vietnam, importers must carry out procedures at customs agency and conduct quality inspection as stipulated in Chapter III of the Circular No. 66/2011/Circular-BNNPTNT.
2. For the import of animal feeds that are not yet allowed for sale in Vietnam, organizations, individuals must be granted the permission for the sale of such animal feeds in Vietnam by Directorate of Fisheries or the Department of Livestock production and must conduct quality inspection as stipulated in Chapter III of the Circular No. 66/2011/Circular-BNNPTNT. Issuance of certificate of quality must pass either of the followings:
a) Appraisal of documents
b) Experiments (for new animal feeds) as stipulated in Clause 7, Article 3 and Clause 1, Article 12 of the Government s Decree No. 08/2010/NĐ-CP and the Circular No. 66/2011/Circular-BNNPTNT.
Organizations, individuals requesting for the certificate of quality of animal feeds that are not yet allowed for sale in Vietnam must send one (01) set of documents and make submission of it to Directorate of Fisheries or the Department of Livestock production.
c) Request documents:
- Request form (according to the Form as defined in Appendix 6 enclosed together with the Circular No. 66/2011/TT-BNNPTNT);
- Certificate of free sale or any document of equivalent value for imported animal feeds granted by competent agencies of the country of origin according to the provision as set out in the Prime Minister’s Decision No. 10/2010/QĐ-TTg dated February 10, 2010 regulating certificate of free sale with respect to imported and exported products and commodities;
- Product information sheet provided by the manufacturer must include name of raw materials, product quality and hygiene safety norms, uses and instructions for use;
- Product label;
- Applied standards given by organizations, individuals who request for certificate of quality; product’s sub-label written in Vietnamese as regulated;
- Experiment results of animal feed product quality and hygiene safety norms of the manufacturer who has been granted such certificates as GMP, HACCP and ISO or equivalent certificates. In case the manufacturer does not have either of GMP, HACCP and ISO or equivalent certificates, experiment results must be provided by laboratories appointed by competent agencies of the country of origin or by laboratories accredited by international organizations or regional organizations, or appointed by Directorate of Fisheries, the Department of Livestock production;
- Authenticated copy of Certificate of Business Registration or Investment Certificate by organizations, individuals who request for the certificate of quality (to be submitted only once)
- Power of attorney by the manufacturer to organizations, individuals for registration
Documents must be originals or authenticated copy enclosed with Vietnamese translation confirmed by organizations, individuals registering for the import. If original is non-English, the Vietnamese translation must be authenticated.
dd) Within 03 working days since receipt of the documents requesting for the certificate of quality, Directorate of Fisheries or the Department of Livestock production shall be responsible for inspecting the document components and make a written notice to organizations, individuals as registrants for supplements and completion if their documents are found unsatisfactory. Time limit for inspection of document components shall not exceed 05 working days if more than 10 products are registered.
If the documents are found satisfactory and the registered products meet quality requirements, within 12 working days, Directorate of Fisheries or the Department of Livestock production shall issue permission for the sale of such products in Vietnam (according to the Form as defined in Appendix 4A enclosed herewith) after approval by the Minister of Agriculture and Rural Development. If more than 10 products are registered, the time limit for handling of one excessive product shall be added with 01 working day. In case permission is not issued, Directorate of Fisheries or the Department of Livestock production must make a reply in writing and state the reasons.
3. Importing animal feeds that are not yet allowed for sale in Vietnam for introduction at trade fairs and exhibitions or for analysis of sample at laboratories:
a) Organizations, individuals who need to import animal feeds for introduction at trade fairs and exhibitions or for sampling analysis at laboratories must make a submission of one set of documents to Directorate of Fisheries (for aquatic products) or to the Department of Livestock production (for cattle feed and poultry).
b) Request documents for the import of products used for introduction at trade fairs and exhibitions comprise:
- Request form (according to the Form as defined in Appendix 7 enclosed together with the Circular No. 66/2011/TT-BNNPTNT);
- Confirmation about organization or participation in trade fairs and exhibitions in Vietnam
c) Request documents for the import of products used for sampling analysis at laboratories comprise:
- Request form (according to the Form as defined in Appendix 7A enclosed together with the Circular No. 66/2011/TT-BNNPTNT);
- An agreement for use of analysis services between domestic laboratories and laboratories, enterprises or regulatory agencies on animal feeds from the country of origin under which the imported product is jointly undertaken as non-commercial.
d) Within 05 working days since receipt of eligible documents, Directorate of Fisheries or the Department of Livestock production shall issue a written approval to the import (according to the Form as defined in Appendix 7B enclosed herewith). In case the import is not approved, Directorate of Fisheries or the Department of Livestock production shall make a reply in writing and state the reasons.
4. Organizations, individuals importing animal feeds that are not yet allowed for sale in Vietnam for production and processing for re-export under the contract executed with a foreign partner must submit one (01) set of documents to Directorate of Fisheries or the Department of Livestock production. The set of documents comprises:
- Request form (according to the Form as defined in Appendix 8 enclosed together with the Circular No. 66/2011/TT-BNNPTNT);
- A contract entered into by the parties in accordance with the provisions of law in Vietnam on import of commodities for processing and re-export.
Within 07 working days since receipt of the request documents for the import of animal feeds for production, processing and re-export under the contract executed with a foreign partner, Directorate of Fisheries or the Department of Livestock production shall make a written approval or disapproval to the import. In case of disapproval, reasons must be specified.”
4. To amend and supplement Clause 2, Article 7 as follows:
“2. Quality inspection of animal feeds
a) Inspect quality of animal feeds in production, business and use:
Regular inspection of quality of animal feeds at production, trading and consumption facilities must be done at most 02 times annually and a written notice should be issued before inspection;
Unexpected inspection of quality of animal feeds at production facilities, business establishments and consumption facilities shall be done only if a decision from head of competent agencies is issued without prior notice;
b) Inspect quality of animal feeds exported, imported, recalled or returned.
c) Norms, method of analysis and permissible tolerance for inspection and assessment of the quality of animal feeds as stipulated in Appendices 19 and 19A enclosed herewith."
5. To amend and supplement Point a, Clause 1, Article 10 as follows:
“a) With regard to import of animal feeds:
- Registration form for inspection and confirmation on quality (03 copies) (according to the Form defined in Appendix 9 enclosed herewith);
- Copies with confirmations made by importers of the following papers: purchase contract, packing list, invoices, certificate of analysis, applied standards by importers; permit for the sale of animal feed product in Vietnam;
- Copy of a document issued by Directorate of Fisheries or the Department of Livestock production regarding temporary exemption from quality inspection or alleviated inspection (if any).”
6. To amend and supplement Article 12 as follows:
“Article 12. Quality inspection agency and certifying body
1. A quality inspection agency for animal feeds comprises:
a) Directorate of Fisheries or the Department of Livestock production shall be responsible for inspecting quality of animal feeds according to the provisions set out in Article 8 of the Circular No. 66/2011/TT-BNNPTNT.
b) The Services of Agriculture and Rural development shall be responsible for inspecting quality of animal feeds at production, trading and consumption facilities within the administrative division according to the provisions of law.
2.Certifying body
A certifying body appointed by Directorate of Fisheries or the Department of Livestock production to certify quality conformity of imported, exported animal feed products (hereinafter referred to as the appointed certifying body) must :
a) Be appointed by the Ministry of Agriculture and Rural Development as an organization that certifies quality conformity of animal feed products as stipulated in the Circular No. 55/2012/TT-BNNPTNT dated October 31, 2012 of the Ministry of Agriculture and Rural Development (hereinafter referred to as the Circular No. 55/2012/Circular-BNNPTNT).
b) Have the procedures for inspecting and certifying quality conformity of exported, imported animal feed products appropriate for respective types of feed and such process has been appraised by Directorate of Fisheries or the Department of Livestock production.
3. Procedures of appointing a certifying body
Any certifying body that wants to take part in the inspection and certification of conformity of imported, exported animal feeds should make a submission of a set of documents to Directorate of Fisheries or the Department of Livestock production. The set of documents comprises:
a) Request form (according to the Form as defined in Appendix 22 enclosed herewith);
b) Authenticated copy of the decision on appointment of a certifying body for animal feeds.
c) Process of inspecting and certifying quality conformity of exported, imported animal feeds appropriate for respective types of feed issued by an organization that registers for inspection and certification of conformity of imported, exported animal feeds.
Within 15 working days since receipt of eligible documents, Directorate of Fisheries or the Department of Livestock production shall conduct appraisal of the documents and re-assess real capabilities of facilities (if necessary) and promulgate the decision about appointment of a certifying body (according to the Form as defined in Appendix 23 enclosed herewith) after some consultation is made with the Minister of Agriculture and Rural Development. In case appointment is rejected, Directorate of Fisheries or the Department of Livestock production must make a reply in writing and state the reasons to the organization proposed for appointment.
4. Effect of appointment decision
a) Effective period of the decision about appointment of a certifying body is two (02) years.
b) Within 03 months before the appointment decision becomes invalid, the appointed certifying body must send a set of documents to Directorate of Fisheries or the Department of Livestock production for re-appointment if it has a demand. The set of documents comprises:
- Request form for participating in the inspection and certification of quality of imported, exported animal feeds (according to the Form as defined in Appendix 22 enclosed herewith);
- Results of previous performance of the appointed certifying body (according to the Form as defined in the Appendix 24 enclosed herewith).
Within 07 working days since receipt of eligible documents, Directorate of Fisheries or the Department of Livestock production shall conduct appraisal of the documents and re-assess real capabilities of facilities (if necessary) and promulgate the decision about re-appointment of a certifying body for (according to the Form as defined in Appendix 23 enclosed herewith). In case re-appointment is refused, Directorate of Fisheries or the Department of Livestock production must make a reply in writing and state the reasons to the certifying body proposed for re-appointment.
5. Rights and responsibilities of the appointed certifying body
a) Receive registration documents for inspection and certification of quality submitted by importers as stipulated in Article 2 of the Circular No. 66/2011/TT-BNNPTNT;
b) Notify results of inspection to importers within a period of time as regulated (according to the Form as defined in the Appendix 11 enclosed together with the Circular No. 66/2011/TT-BNNPTNT);
c) Take responsibility to the Law and the appointing agency for results of inspection, certification of quality of imported, exported animal feeds;
d) Report results of inspection, certification of quality of imported, exported animal feeds to the appointing agency on a monthly basis or on request. Reports to be submitted on 25thof months
dd) Store and preserve samples for at least 90 days since results of inspection are notified to registrants;
e) Store inspection documents for at least 02 years;
g) Facilitate periodic inspections at most two times per year by the appointing agency and unexpected inspection;
h) Comply with the regulations on punishment for violations as stipulated in the Circular No. 55/2012/TT-BNNPTNT and other provisions of relevant law;
i) Have the rights to collection of fees and charges for the inspection and certification of quality of animal feeds according to the provisions of law.”
7. To amend and supplement Point a, Clause 2, Article 14 as follows:
“a) Implement the method of analysis assigned to laboratories by the Ministry of Agriculture and Rural Development in case testing is not yet assigned, methods stipulated in the international standards or Vietnam’s Standards (TCVN), or others decided by Directorate of Fisheries or the Department of Livestock production shall be used".
8. Article 21a is added after Article 21:
“Article 21a. Types of inspection of quality of imported animal feeds
1. Quality inspection of imported animal feeds shall be exempted in the following cases:
a) Temporary import of animal feeds for re-export;
b) Animal feeds in transit;
c) Animal feeds sent to bonded warehouses;
d) Animal feeds as samples for introduction at trade fairs and exhibitions;
dd) Animal feeds as samples for analysis at laboratories;
e) Animal feeds as samples for experiments
2. Normal inspection
a) Manner of inspection: inspection shall be conducted on documents and by organoleptic method, sample is taken for analyzing from two to five safety norms, from two to five quality norms in applied standards or in the national technical regulations, ensuring safety and quality of the product subject to inspection. The inspecting body and appointed agency shall determine specific norms and take responsibility for results of inspection and assessment of quality, safety of animal feeds.
b) This type of inspection applies to shipments of imported animal feeds not defined in Clauses 1, 3, 4, 5 of this Article.
3. Temporary exemption from quality inspection
a) Conduct inspection of documents, no inspection of organoleptic and do not take sample for analysis for six months.
b) This inspection applies to import shipments that meet all the following conditions: imported animal feeds are the same type, the same production facility and importer and issued to the Certificate of quality (according to the Form as defined in the Appendix 10 of the Circular No. 66/2011/TT-BNNPTNT) of the five consecutive shipments under normal inspection or three consecutive shipments under alleviated inspection for 12 months previously.
c) During the period of temporary exemption from quality inspection, the inspecting body may conduct unexpected inspection upon detection of any sign of violation of product quality. Upon detection of any non-conformance of the product, exemption from quality inspection shall be terminated immediately at such time.
d) Organizations, individuals as importers who have met the aforesaid requirements for animal feeds must send documents to Directorate of Fisheries or the Department of Livestock production. The documents comprise:
- Request form for exemption from quality inspection with time limit (according to the Form as defined in Appendix 25 enclosed herewith);
- A copy with confirmations by the importer of the registration documents for inspection of quality and Certificate of quality for five consecutive shipments under normal inspection or Certificate of quality for three consecutive shipments under alleviated inspection.
Within 05 working days since receipt of eligible documents, Directorate of Fisheries or the Department of Livestock production shall make a written reply to importers regarding approval for temporary exemption from quality inspection (according to Form as defined in Appendix 26 enclosed herewith); in case exemption from quality inspection with time limit is not approved, Directorate of Fisheries or the Department of Livestock production shall make a written reply and state the reasons.
Organizations, individuals as importers shall be responsible for sending an authenticated copy of the approval for temporary exemption from quality inspection to the appointed certifying body for confirmation on the registration documents for certification of quality on each shipment (according to the Form as defined in the Appendix 9 enclosed herewith) serving as the basis for customs clearance.
4. Temporary alleviated inspection
a) Manner of inspection: Inspection shall be conducted on documents and by organoleptic method for assessment of conformity of information recorded in the documents with information written on labels or attached technical materials such as status quo, shape and color of commodities. Period of alleviated inspection is 12 months. This inspection shall be taken only if non-conformity or any sign of loss of safety and quality of commodities is detected such as moulds, moisture, damaged packaging, shape and color that is different from the description and may impose negative effects on quality of the shipment.
b) This type of inspection applies to any shipment that meets one of the following conditions:
- It is an imported animal feed product of the same type, production facility and importer and issued to the Certificate of quality (according to the Form as defined in the Appendix 10 of the Circular No. 66/2011/TT-BNNPTNT) of the three consecutive shipments under normal inspection for a period of 12 months previously.
- It is confirmed as having met requirements for quality and safety by competent agencies from a contracting country to the Agreement on Mutual Recognition with Vietnam in inspection of quality of animal feed; or by the laboratories accredited by Directorate of Fisheries or the Department of Livestock production.
c) Organizations and individuals importing animal feeds that have met aforesaid requirements must send a set of documents to Directorate of Fisheries or the Department of Livestock production. The documents comprise:
- Request form (according to the Form as defined in Appendix 25 enclosed herewith);
- A copy with confirmations by importers of the registration documents for inspection of quality and Certificate of quality for three consecutive shipments under normal inspection or Certificate of quality and safety granted by competent agencies from a contracting country to the Agreement on Mutual Recognition with Vietnam in inspection of quality of animal feed, or by foreign laboratories accredited by Directorate of Fisheries or the Department of Livestock production.
Within 05 working days since receipt of eligible documents, Directorate of Fisheries or the Department of Livestock production shall make a written reply to importers regarding approval for alleviated inspection (according to the Form as defined in Appendix 26 enclosed herewith); in case alleviated inspection is not approved, Directorate of Fisheries or the Department of Livestock production shall make a written reply and state the reasons.
Organizations, individuals as importers shall be responsible for submitting an authenticated copy of the approval for alleviated inspection to the appointed certifying body for inspection according to the provisions set out in Point a, Clause 4 of this Article.
5. Tight inspection
a) Manner of inspection: Inspection shall be conducted on documents and by organoleptic method, samples of all the batches shall be taken for analyzing at least 50 per cent of safety norms as regulated in the national technical standard and at least 50 per cent of quality norms as regulated in the applied standards and other norms (if any) as requested in writting by Directorate of Fisheries or the Department of Livestock production;
b) This type of inspection applies to any shipment that falls within the cases as below:
- Previous import fails to meet requirements for quality and safety according to the provisions;
- Imported commodities of animal feed type that pose high risk of food safety issued by the Ministry of Agriculture and Rural Development or originates from places posing high risk of food safety to humans, domestic animals and environmental warned by Directorate of Fisheries or the Department of Livestock production;
- As ordered for tight inspection by Directorate of Fisheries or the Department of Livestock production when the product currently sold in the market is shows signs of non-conformity or poses high risk of food safety to humans, domestic animals and environment as warned in writing by relevant organizations, individuals at home and abroad.”
9. Abrogate provisions set out at the third dash of Clause 1, Article 27.
10. Point a, Clause 1, Article 30 to be amended and supplemented as follows:
“a) Organizations and individuals manufacturing and trading animal feed must comply strictly with reporting regulations:
On a monthly basis (the fifth of month) or upon request, production and business facilities must report production and business of animal feed to Directorate of Fisheries or the Department of Livestock production and the Service of Agriculture and Rural Development where headoffice is situated (according to the Form as defined in the Appendix 20 enclosed herewith);
On a quarterly basis (the fifth of the first month of quarter) or upon request, production and business facilities must report types, quantity, origin and prices of raw materials and imported, exported animal feeds to Directorate of Fisheries or the Department of Livestock production (according to the Form as defined in the Appendix 21 enclosed herewith).”
11. To amend and supplement Clause 5, Article 34 as follows:
“5. Appraising and certifying sale of aquatic feed in Vietnam”.
12. To amend and supplement Clause 5, Article 35 as follows:
“5. Appraising and certifying sale of livestock and poultry feed in Vietnam”.
13. To amend and supplement Appendices enclosed together with the Circular No. 66/2011/TT-BNNPTNT as follows:
a) Appendices 1, 2A, 2B, 3, 4, 5, 9, 19, 20, 21 are amended according to the appendices enclosed herewith.
b) Appendices 4A, 5A, 7A, 7B, 19A, 22, 23, 24, 25, 26 are added and enclosed herewith.
Article 2. Transitional provision
Any registration document for permission for sale of animal feed in Vietnam and request document for modification of animal feed related information received by Directorate of Fisheries or the Department of Livestock production before the effective date of this Circular shall be handled according to the provisions set out in the Circular No. 66/2011/TT-BNNPTNT.
Article 3. Implementation effect
This Circular shall take effects on February 07, 2015.
Article 4. Implementation organization and responsibilities
The Chief of the Ministry Office, General Director of Directorate of Fisheries, the Director of the Department of Livestock Production, Director of the Services of Agriculture and Rural Development of central-affiliated provinces, cities, heads of organizations affiliated to the Ministry, relevant organizations, individuals shall be responsible for executing this Circular./.
For the Minister
The Deputy Minister
Vu Van Tam
*All appendices are not translated herein.
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