Thông tư 27/2017/TT-BNNPTNT của Bộ Nông nghiệp và Phát triển nông thôn về việc hướng dẫn kiểm tra chất lượng, an toàn thực phẩm muối nhập khẩu

THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT 

Circular No. 27/2017/TT-BNNPTNT dated December 25, 2017 of the Ministry of Agriculture and Rural Development guiding the inspection of food safety and quality of imported salt

Pursuant to the Government’s Decree No.15/2017/ND-CP dated February 17, 2017 defining the Functions, Tasks, Powers and Organizational Structure of Ministry of Agriculture and Rural Development;

Pursuant to the Law on Quality of Goods and Products in 2007;

Pursuant to the Law on Food Safety in 2010;

Pursuant to the Government’s Decree No. 132/2008/ND-CP dated December 31, 2008 providing guidance on implementation of the Law on Quality of Goods and Products;

Pursuant to the Government s Decree No. 38/2012/ND-CP dated April 25, 2012 providing guidance on implementation of the Law of Food Safety;

Pursuant to the Government s Decree No. 09/2016/ND-CP dated January 28, 2016 on fortification of foods with micronutrients;

Pursuant to the Government’s Decree No. 40/2017/ND-CP dated April 05, 2017 on management of salt production and trading;

At the request of the Director of the Department of Cooperatives and Rural Development;

Minister of Agriculture and Rural Development promulgates a Circular to provide guidance on inspection of food safety and quality of imported salt.

Chapter I

GENERAL PROVISIONS

Article 1. Scopeof adjustment

1. This Circular provides for contents and procedures for inspection of food safety and quality of imported salt under the state management of the Ministry of Agriculture and Rural Development.

2. The import of salt in the following cases is not regulated by this Circular but is conducted in conformity with applicable regulations:

a) Salt products in transit, merchanting trade or transshipment, temporarily imported for business, imported to bonded warehouses or temporarily imported for sale at duty-free shops.

b) Salt products imported to serve the production of goods for export or internal processing of foreign traders.

c) Salt products carried by persons arriving Vietnam for personal use or as gifts or presents within the duty-free allowance.

d) Salt products being test or research samples which are imported in a quantity conformable with testing or research purposes and certification of importers.

dd) Salt products imported for display at exhibitions or fairs; pure agents (Pa) used as reagents in chemical analysis; cosmetic salt and salt used in ornamental fish breeding.

Article 2.Subject of application

This Circular applies to Vietnamese and foreign organizations and individuals that import salt (hereinafter referred to as "importers") and other organizations and individuals involved in inspection of food safety and quality of imported salt.

Article 3. Definition

For the purpose of this Circular, the terms below are construed as follows:

1. “salt” (including table salt and denatured salt) means a compound which contains sodium chloride (chemical formula: NaCl) as its main ingredient and is made from seawater, underground salt water or extracted from salt mines.

2. “food grade salt or table salt”, with HS code 2501.00.10, means salt which is fortified with iodine, used for eating and food processing, and contains substances with the contents as prescribed in the national regulation QCVN 9-1:2011/BYT.

3. “industrial salt” means crude salt which is produced on salt fields, with HS code 2501.00.99, or extracted from salt mines, with HS code 2501.00.20, and contains substances with the contents as prescribed in the national regulation QCVN 9640:2013.
4. “refined salt”, with HS code 2501.00.92, means salt which has been properly treated or refined and contains substances with the contents as prescribed in the national regulation QCVN 9639:2013.

5. “imported salt shipment” refers to a predetermined quantity of salt of the same type which has the same name, uses, brand, category and technical specifications, is provided by the one manufacturer and supported by the same import dossier.

6. “laboratory meeting VILAS criteria in the chemical field” means a laboratory satisfying the requirements of ISO/IEC 17025:2005, which is accredited and granted the Certificate of Accreditation of a laboratory meeting the VILAS criteria in the chemical field with the NaCl as testing object by the Bureau of Accreditation affiliated to the Ministry of Science and Technology (The list of accredited laboratories is available at www.boa.gov.vn for importers to employ product and good quality testing services in order to meet state management requirements).

7. “probability sampling” (or random sampling) means the method for collecting samples simply by random selection. Each unit of the imported salt shipment shall be randomly selected and have the equal probabilities of being chosen as the representative sample. The mixture of single samples or random samples taken (or bulk sample) shall be randomly divided into laboratory samples and storage samples.

Article 4. Inspection grounds

1. For import of food grade salt (or table salt): The national technical regulation QCVN 9-1:2011/BYT of the Ministry of Health on food grade iodated salt.

2. For import of refined salt: The national technical regulation TCVN 9639-2013 on refined sodium chloride.

3. For import of industrial salt: The national technical regulation TCVN 9640-2013 on industrial sodium chloride.

4. For import of salt types prescribed in Clause 1, Clause 2 and Clause 3 of this Article: Criteria on heavy metals in salt provided in the National technical regulation QCVN 8-2:2011/BYT on the limits of heavy metal contamination in food.

Article 5. Inspecting authorities

Departments of Agriculture and Rural Development of provinces or central-affiliated cities shall assign their affiliated departments to act as inspecting authorities to take charge of inspecting salt import activities in accordance with regulations herein.

Article 6. Quality of imported salt

Imported salt types as classified in the heading 2501 of the Import and Export Tariffs, promulgated by the Ministry of Finance, must meet quality criteria as prescribed in relevant standards and/or technical regulations on imported salt quality mentioned in Article 4 and Appendix I enclosed herewith.

Article 7. Method of quality inspection, taking and storing samples

1. Tightened inspection procedure comprises documentary inspection, sampling and testing on quality criteria of imported salt as regulated in Article 4 and the Appendix I enclosed herewith and shall be conducted in the following cases:

a) This is the first import of salt or imported salt fails to meet quality requirements in the previous inspection.

b) Imported salt is originated from a foreign processing plant and the inspection authority has been reported or notified that it is located in the region where there are pollution sources or dangerous epidemic pathogens which may be transmitted to people.

c) The shipment has been inspected according to the reduced inspection method mentioned in Point a Clause 2 of this Article for 12 months.

d) Salt fails to satisfy quality requirements in any regular or unexpected inspection of food safety and quality of imported salt.

dd) The certificate of conformity of imported salt with relevant national technical regulations granted by a regulatory authority of Vietnam has expired.

2. Reduced inspection procedure only comprises the receipt and inspection of application for inspection of food safety and quality of imported salt without sampling and testing on quality criteria of imported salt as regulated in Article 4 and the Appendix I enclosed herewith and shall be conducted in the following cases:

a) If shipments of imported salt of the same type, origin, manufacturer and importer have passed three consecutive inspections of food safety and quality of imported salt in different inspection days under the tightened inspection procedure as prescribed in Clause 1 of this Article, the reduced inspection procedure may be applied to the following shipment of imported salt of the same type, origin, manufacturer and importer within a maximum period of 12 months from the first application of reduced inspection procedure.

b) The certificate of conformity of imported salt with relevant national technical regulations granted by a regulatory authority of Vietnam is unexpired.

3. Taking and storing samples:

a) Laboratory samples shall only be taken when applying the tightened inspection procedure prescribed in Clause 1 of this Article.

b) When the salt shipment arrives at the border checkpoint, the importer shall contact the customs agency at the border checkpoint to carry out customs procedures and take samples of imported salt in accordance with Point c Clause 3 of this Article and transport the salt shipment to the warehouse for storage as regulated by the customs agency.

c) Representative samples of the imported salt shipment shall be taken according to the random sampling method with the witness of the customs agency at the border checkpoint and then divided into three parts: 1 for testing, 1 to be kept by the inspecting authority, and 1 kept by the importer. Each sample must weigh between 200 grams and 500 grams for testing compulsory criteria as regulated. Salt samples shall be stored in closed cans or plastic bottles and affixed with seal-up numbers by the customs agency. Representatives of the importer and customs agency shall make a record of sampling of imported salt according to the form stated in the Appendix IV enclosed herewith.

d) Within 03 (three) working days, the importer shall bring the samples to the laboratory meeting the VILAS criteria in the chemical field. Laboratory samples of the imported salt shipment shall be tested for technical criteria specified in Article 4 and the Appendix I enclosed herewith.

dd) Samples shall be kept by the inspecting authority and the importer within 90 (ninety) days after the inspecting authority issues the “Notice of inspection result of food safety and quality of imported salt”.

Chapter II

CONTENTS OF AND PROCEDURES FOR QUALITY INSPECTION AND HANDLING OF INSPECTION RESULTS

Article 8. Contents of inspection

Inspection authorities shall conduct inspection with the following contents:

1. Inspect the adequacy of the application for inspection of food safety and quality of imported salt in accordance with regulations in Article 9 herein.

2. Tightened inspection:

a) Inspect the conformity of the samples and sample testing results with the application for inspection of food safety and quality of imported salt, and corresponding food safety and quality requirements of imported salt as prescribed in Article 4 and the Appendix I enclosed herewith.

b) Re-assess the food safety and quality of the imported salt shipment when receiving complaints or denunciations about the quality of imported salt shipment.

3. Reduced inspection:

Inspect the contents and conformity of the application for inspection of food safety and quality of imported salt in accordance with regulations in Clause 2 Article 7 herein.

Article 9. Application for inspection of food safety and quality of imported salt

The application includes:
1. The application for inspection of food safety and quality of imported salt prepared according to the form stated in the Appendix II enclosed herewith.

2. Copies of the following documents:

a) The sales contract (in Vietnamese or English; if the contract is prepared in another language, it must be enclosed with a Vietnamese translation, and the importer is held responsible before law for the accuracy of the translation);

b) Invoices;

c) Packing list;

d) Certificate of origin;

dd) Bill of lading;

e) Import declaration;

g) Tariff quota-based import license (if any);

h) 03 notices issued by inspecting authorities on results of three consecutive inspections of food safety and quality of imported salt made in different inspection days under the tightened inspection procedure if the application is submitted for inspection of a shipment of imported salt of the same type, origin, manufacturer and importer, or the certificate of conformity of imported salt with quality standards as prescribed in Point b Clause 2 Article 7 herein (if the reduced inspection is conducted).

3. A copy certified under the importer s seal of the certificate of free sale (CFS) of table salt, granted by a competent authority of the exporting country under the Circular No. 63/2010/TT-BNNPTNT dated November 01, 2010 by the Minister of Agriculture and Rural Development providing guidance on certificates of free sale for imports and exports under the state management of the Ministry of Agriculture and Rural Development.

4. The originals of the following documents:

a) The sampling record, made according to the form stated in the Appendix IV enclosed herewith, and the imported salt samples as prescribed in Point c Clause 4 Article 6 herein (if the tightened inspection is conducted);

b) The test results of imported salt samples granted by the laboratory meeting VILAS criteria in the chemical field according to the form stated in the Appendix V enclosed herewith (if the tightened inspection is conducted).

Article 10. Procedures for inspection of food safety and quality of imported salt

1. The inspecting authority shall receive and check the adequacy of the application for inspection of food safety and quality of imported salt.

a) The importer shall send an application for inspection of food safety and quality of imported salt by hand or by post to the inspecting authority.

b) Within one working day from the receipt of the application, the inspecting authority shall give a response on the validity of the application and make certification on the “Written application for inspection of food safety and quality of imported salt” made according to the form stated in the Appendix II enclosed herewith.

c) If the application is inadequate as regulated, the importer is responsible for supplementing documents within ten working days. Over the abovementioned time limit, if the importer fails to supplement required documents without rational explanation, the inspecting authority has the right to refuse to conduct the inspection of food safety and quality of imported salt.

2. Inspecting procedures:

a) Tightened inspection: Within one working day from the receipt of the valid application, the inspecting authority shall inspect the contents specified in Clause 2 Article 8 herein and issue the “Notice of inspection result of food safety and quality of imported salt” using the form stated in the Appendix IIIA enclosed herewith to the importer and the customs agency. To be specific:

If the samples and test results of samples of the imported salt shipment is conformable with the application for inspection of food safety and quality of imported salt, and relevant food safety and quality requirements specified in Article 4 and the Appendix I enclosed herewith, the inspecting authority shall issue the “Notice of inspection result of food safety and quality of imported salt” certifying that the shipment is satisfactory using the form stated in the Appendix IIIA enclosed herewith.

If the samples and test results of samples of the imported salt shipment is not conformable with the application for inspection of food safety and quality of imported salt, or relevant food safety and quality requirements specified in Article 4 and the Appendix I enclosed herewith, the inspecting authority shall issue the “Notice of inspection result of food safety and quality of imported salt” stating that the shipment is unsatisfactory using the form stated in the Appendix IIIA enclosed herewith.

b) Reduced inspection: Within one working day from the receipt of the valid application, the inspecting authority shall inspect the contents specified in Clause 3 Article 8 herein and issue the “Notice of inspection result of food safety and quality of imported salt” using the form stated in the Appendix IIIB enclosed herewith to the importer and the customs agency. To be specific:

If the application for inspection satisfies the requirements in Clause 2 Article 7 herein, the inspecting authority shall issue the “Notice of inspection result of food safety and quality of imported salt” certifying that the shipment is satisfactory for inspecting documents only using the form stated in the Appendix IIIB enclosed herewith.

If the application for inspection fails to satisfy the requirements in Clause 2 Article 7 herein, the inspecting authority shall issue the “Notice of inspection result of food safety and quality of imported salt” stating that the shipment is unsatisfactory for inspecting documents only using the form stated in the Appendix IIIB enclosed herewith, specifying unsatisfactory contents and requesting the importer to apply for tightened inspection.

3. Method of giving inspection results: Inspection results may be given directly at the inspecting authority or sent by post to the importer as requested.

4. The customs agency shall give customs clearance certification to the shipment only after the inspecting authority issued the "Notice of inspection result of food safety and quality of imported salt” certifying that the shipment is satisfactory for food safety and quality requirements or for inspecting documents only.

Article 11. Measures for handling unsatisfactory imported salt shipments

1. If the test result of samples of imported salt shows that the imported salt shipment is inconsistent with the application for inspection or fails to satisfy relevant food safety and quality requirements specified in Article 4 and the Appendix I enclosed herewith, within two working days after receiving the "Notice of inspection result of food safety and quality of imported salt”, the importer may send a written request to the inspecting authority or the laboratory meeting VILAS criteria in the chemical field for re-testing of salt samples kept by the importer. The inspecting authority shall base on this re-testing result to make the final conclusion that the imported salt shipment is satisfactory or not. The importer shall pay all re-testing expenses.

2. In case any complaints or denunciations arise in the course of inspection of food safety and quality of imported salt:

a) The inspecting authority shall take samples for re-testing for quality of that imported salt shipment. Expenses for sampling and re-testing shall be covered by the inspecting authority and aggregated in its operating expenses.

b) If the re-testing result shows that the imported salt shipment fails to satisfy relevant food safety and quality requirements specified in Article 4 and the Appendix I enclosed herewith, the importer is required to repay the expenses for sampling and re-testing to the inspecting authority.

c) Based on the re-testing result issued by the laboratory meeting VILAS criteria in the chemical field, the inspecting authority shall give the final conclusion that the imported salt shipment is satisfactory or not.

3. Depending on the severity of violation against regulations herein, the importer is liable to administrative penalties and required to implement remedial measures such as re-exporting or recycling of imported salt in accordance with regulations in the Government’s Decree No. 119/2017/ND-CP dated November 01, 2017 on penalties for administrative violations against regulations on standards, measurement and quality of goods.

Chapter III

RESPONSIBILITIES AND POWERS OF RELEVANT ORGANIZATIONS AND INDIVIDUALS

Article 12. Responsibilities and powers of inspecting authorities

1. Responsibilities:

a) Conduct inspection of food safety and quality of imported salt in areas under their management, ensure the accuracy, truthfulness and objectivity of the inspection, and keep importers’ information confidential in accordance with law regulations;

b) Receive applications for inspection of food safety and quality of imported salt; conduct inspections in accordance with regulations herein; issue notices of inspection results and assume responsibility thereof;

c) Receive and promptly and lawfully settle complaints and denunciations arising in the course of inspection of food safety and quality of imported salt;

d) Cooperate with customs agencies in supervising importers preserving the status quo of imported salt shipments until procedures for inspection of food safety and quality of imported salt are completed.

dd) Fully keep inspection-related documents; submit quarterly, six-month and annual reports to the Ministry of Agriculture and Rural Development (via the Department of Cooperatives and Rural Development) on inspection results of food safety and quality of imported salt using the form stated in the Appendix VI enclosed herewith.

2. Powers:

a) Request importers to provide information and documents related to imported salt shipments to serve the inspection of food safety and quality of imported salt;

b) Propose Provincial Departments of Agriculture and Rural Development to take actions against violations against regulations herein;

c) Request importers to take measures against imported salt shipments which fail to satisfy food safety and quality requirements prescribed in Clause 3 Article 11 of this Circular; supervise handling process and handling results.

Article 13. Importers

1. Obligations:

a) Apply for inspection of food safety and quality of imported salt and comply with regulations herein;

b) Preserve the status quo of the imported salt shipments as regulated by customs agencies until customs clearance certification is given;

c) Importers may put the imported salt shipments into production or sale after import declarations have been certified by customs agencies;

d) Implement decisions on imposition of administrative penalties (if any) and bear the supervision of regulatory authorities;

dd) Pay expenses for sampling and testing in accordance with applicable regulations and other expenses that arise in course of handling unsatisfactory shipments; pay expenses for sending applications and receiving inspection results by post;

e) Inspect and assess quality of imported salt in accordance with relevant food safety and quality criteria so as to ensure quality of imported salt in accordance with regulations herein.

2. Rights:

a) Select the laboratory meeting VILAS criteria in the chemical field to carry out testing for quality of imported salt;

b) Request inspecting authorities to re-consider inspection results or conduct re-inspection;

c) Lodge complaints or denunciations about all illegal acts committed by inspecting authorities and/or laboratories in accordance with the law on complaints and denunciations.

Article 14. Laboratories meeting VILAS criteria in the chemical field

1. Obligations:

a) Comply with testing procedures and ensure the satisfaction of the requirements on human resources, testing devices, and importers’ information confidentiality, as prescribed by law;

b) Provide test results for inspecting authorities and importers on schedule. Laboratories must ensure the accuracy and objectivity of test results and take responsibility thereof;

c) Pay material compensation to importers for damage caused by their mistakes during testing in accordance with applicable regulations;

d) Keep testing documents in accordance with regulations and present them to regulatory authorities as requested;

dd) Fulfill other obligations in accordance with regulations of the law on quality of goods and products, and the law on food safety.

2. Rights:

a) Collect testing charges in accordance with regulations;

b) Refuse to provide information related to test results for the third party, except cases requested by regulatory authorities.

Chapter IV

IMPLEMENTATIONORGANIZATION

Article 15. Transitional provisions

Imported salt shipments sent under the signed import contracts shall be still governed by regulations in the Circular No. 34/2014/TT-BNNPTNT dated October 31, 2014 of the Minister of Agriculture and Rural Development providing guidance on inspection of quality of imported salt provided that they must satisfy one of the following requirements:

1. Imported salt products have been loaded on means of transport with the onboard date specified on the bill of lading (if salt products are transported by sea, railway or airway) or the shipment’s date of arrival at the port of entry (if salt products are transported by road) before the date of entry into force of this Circular.

2. The letter of credit (L/C) has been opened or payment documents have been issued before the date of entry into force of this Circular.

Article 16. Effect

1. This Circular takes effect on February 15, 2018 and supersedes the Circular No. 34/2014/TT-BNNPTNT dated October 31, 2014 of the Minister of Agriculture and Rural Development providing guidance on inspection of quality of imported salt.

2. To amend and annul any technical regulations or standards cited in this Circular if the new ones shall apply.

Article 17. Implementation organization

1. The Department of Cooperatives and Rural Development shall:

a) instruct the inspection of food safety and quality of imported salt; provide guidance on the inspection of food safety and quality of imported salt; supervise local inspecting authorities conducting the inspection of food safety and quality of imported salt within the state management of the Ministry of Agriculture and Rural Development.

b) prepare and submit consolidated report on inspection of food safety and quality of imported salt to the Ministry of Agriculture and Rural Development.

2. Departments of Agriculture and Rural Development of provinces or central-affiliated cities shall:

a) instruct and assign their affiliated departments to inspect the import of salt in provinces or cities under their management in accordance with regulations herein;

b) take actions, within their competence, against cases of imported salt failing to satisfy quality and food safety requirements (if any) in accordance with law regulations;

c) provide advice to People’s Committees of provinces or central-affiliated cities about allocating funding for conducting the inspection of food safety and quality of imported salt in provinces or cities in accordance with regulations herein.

3. Any difficulties arising in the course of implementation of this Circular should be reported to the Ministry of Agriculture and Rural Development (via the Department of Cooperatives and Rural Development) for consideration./.

For the Minister

The Deputy Minister

Tran Thanh Nam

APPENDIX I

TECHNICAL REQUIREMENTS FOR FOOD SAFETY AND QUALITY OF IMPORTED SALT
(To attach with the Circular No. 27/2017/TT-BNNPTNT dated December 25, 2017 by Minister of Agriculture and Rural Development)