Decision No. 71/2004/QD-BNN promulgating the Regulation on assay and recognition of new fertilizers

THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT DECISION No. 71/2004/QD~BNN OF DECEMBER 8, 2004 PROMULGATING THE REGULATION ON ASSAY ANO RECOGNITION OF NEW FERTILIZERS THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT Pursuant to the Government's Decree No. 86/ 2003/ND-CP of July 18, 2003 defining the functions, tasks, powers and o,ganizational structure of the Ministty of Agriculture and Rural Development; Pursuant to the National Assembly Standing Committee's Ordinance No. 18/1999/PL UBTVQl-/10 of December 24, 1999 on Goods Quality; Pwsuant to the Government's Decree No. 113/ 2003/ND•·CP of October 7, 2003 on the managonwnt of fertilizer production and trading; Pursuant to the Government's Decroo No 1791 2004/ND-CP of October 21, 2004 presY:ribing the State managemont over product and goods quality; At the proposa I of the Director of the Agriculture Department, DECIDES: Article 1.- To issue together with this Decision the Regulation on assay and recognition of new f erti I ize rs. Article 2.~ This Decision takes effect 15 days after /1s publication in the Official Gazette. All previous regulations contrary to this Decision are hereby annulled. Article 3.-The Oirector of the Office, the Director ot the Agriculture Department of the Ministry, the directors of the provincial/municipal Agriculture and Rural Development Services, the heads of units and concerned organizations and indi\liduals shalt have to implement this Decision. For the Minister of Agriculture and Ruta/ Development Vice Minister BUI BA BONG REGULATION ON ASSAY AND RECOGNITION OF NEW FERTILIZERS (Issued together with Decision No. 71/2004/00-· BNN of December 8, 2004) I. GENERAL PROVISIONS i. This F1egulation stiaH apply to the assay and recognition of new fertilizers. 2. Domestic as wen as foreign organizations and individuals engaged in activities related to the assay and recognition of new fertilizers in the Vietnamese terri\ory sha!\ have to comply with this Regulation. 3. Fertilizers which must be assayed include: a/ Fertilizers newly produced at home or imported and not yet put on the Ust of fertniz.ers permitted for production, trading and use in Vietnam {hereinafter re1erred to as the fertilizer list), which a.re: organic fertilizers, foliar fertilizers, microorganic fertilizers, bio-organic fertilizers; microbiological organic fertilizers, mineral organic fertilizers, fertilizers added with growth regulators and soil improvement preparations, b/ Fertilizers defined at Point a, Clause 1 of Section I, put on the fertilizer list but having gone through change in: Components ot major nutrients, or Reduction of weight of one of pure macro nutritious elements in a weight or volume unit by more than 5 % over their quantity upon re cog n ilia n. Reduc1ion of weight of one of pure seconoary nutritious, micro-nutritious or organic elements in a weight or volume unit by more than 10% over their quantity upon recognition. Increase or reduction of weight of one of pure elements of foliar fertilizers in a weight or volume unit by more than 10% over their quantity over the recognition. 11. ASSAY OF FERTILIZERS "I. Conditions 1or fertilizers to be registered 1or assay For the following fertilizers to be rogistered for assay, the foHowing conditions mus! be met: a/ For organic fertilizers: The organic contents 2 22.36% (C ~"'. ·13%) and N? 3%. b/ For bio-organic fertilizers : The organic contents?:: 22.36% (C 2 ·13%), moistures: 25% (for fertilizers in form of granule or powder), pHKCI: 5 7. c/ For microbiological organic fertilizers: The organic content 2: 15% (C 2: 8.5%), the density of useful living microorganisms ?. 1.106 microorganisms/gram (::::: 1.106 microorganisms/ml for liquid fertilizers), and moisture ::; 30% (for fertilizers in form of granule or powder). di For microbiological fertilizers: The density of useful living microorganisms 2 1.109 microorganisms/gram (2": 1.109 microorganisms/ml for liquid fertilizers) on pasteurized carriers or the density of usef u I I iving microorganisms of ?. 1 .106 microorganisms/gram (2 1.106 microorganisms/ml for liquid fertilizers) on non-pasteurized carriers; and moisture of :S 30% (for fertilizers in form of granule or powder). e/ For mineral organic fertilizers: The organic contents? 15% (C 2 8.5%), moisture :S 25% (for fertilizers in form of granule or powder), and the total contents of N + P20 5 (evanescent) + K20 2 8%. f/ Fertilizers added with growth regulators: Apart from nutritious elements, the contents of growth regulators s 0.5% of a weight or volume unit of f e rti!ize rs. the Agriculture Department. Such a dossio r includes: a/ The application for assay registration, made according to set form. b/ Documents of the peculiarities of the fertilizers to be assayed: Trade names and other names (if any); Types of fertilizer (fo I ia r f e rti!ize rs, root fertilizers); Names of firms/companies and countries of manufacture; Peculiarities: form (liquid, granule, powder), color; Composition and contents of nutrients (clearly stating the analyzing methods) as follows: + For foliar fertilizers: Macro, secondary and micro elements, organic elements, carriers and growth regulators (if any). + For bio-organic fertilizers: The contents of organic substances, biological active substances, moisture, pHKCI and other nutrients (if any). + For mineral organic fertilizers: The contents of organic substances, macro, secondary and micro elements, moisture; + For microorganic fertilizers: The species and density of useful microorganisms, moisture; + For microbfologfcal organic fertrrizers The organic substances, species and density of useful m icroo rgan is ms, moisture; + For fertilizers added with growth regulators: The components and contents of nutritious elements of basic fertilizers and growth regulators 2. Assaying order permitted for use; 2. ·i. Organizations and individuals having + For soil-improvement preparations: The fertilizers to be assayed shall submit dossiers to components and contents of each element of the preparations. cl Documents on the toxicity of fertilizers: For fertilizers produced from industrial refuse, urban garbage and other matters containing toxic elements, the contents of heavy metals such as Pb, Hg, Cd and As, the density of pathogenic microorganisms (E. Coli, Salmonella) and ascaris must be analyzed. di For imported fertilizers: The name of producing firms/companies and countries; documents permitting the production and trading, and use instructions in foreign countries, labels of fertilizers. e/ For home-made.fertilizers: The technological process and authors thereof; the results of preliminary assay (It anv\ and use instructions of producers. fl The origins and main components of raw materials used forproduct1on of fertiiizers. 2.2. Grant at.assaying permits The Agriculture· OepartmentshaU grant assaying . - .·. . . permits (made according lb set form) to organizations and individuals: having fertllizers to be assayed within 15 working days after receiving ful! and valid dossiers. In cases of invalid dossiers, the Agriculture Department shall notify organizations and individuals thereof for the latter to supplement necessary documents as prescribed. 2.3. Implementation of the assay a/ Units carrying out assays must meet the following conditions: Being recognized or designated by the Ministry of Agriculture and Rural Development; Having cadres specialized in fertilizers, who have university or hi9her degrees; Having material foundations and equipment suitable to t11e assaying requirements. b/ Organizations and individuals having fertilizers to be assayed shall: Sign contracts wi111 assaying units recognized by the Ministry of Agriculture and Rural Development or designated by the Agriculture Department; Foreign organizations and individuals that wish to register for fertilizer assays must have rep res enta tive offices or represe nta ti ves in Vietnam; Notify the provincial/municipal Agricu\1ure and Rural Department Services of types of fertilizer to be assayed as well as assaying place and time. Ill. APPRAISAL AND RECOGNITION QF NEW·FERTILIZERS 1 . Assay appraisal a/ After the assays corr1plete, prganlz:qflons and individuals having fertiliters shall send dossiers of application for appraisal arid reco!;Jnition of new fertilizers to the Agriculture Department and the ·Science and Technology Department. A dossier of application for appraisal and recognition of new fertllizers includes: An application for appraisal and recognition of new fertilizers; The reports on the assaying results; The comments of 1he prov c\al/municipa\ Agriculture and f1ural Development Services on the assaying process and utility of the assayed fertilizers in their localities. bl Organization of the appraisal of assaying results: The Science and TechnolorJY Depar\rnent shall propose the Minister of Agriculture and Rural Development to set up a specialized appraising council to appraise the assayin~J results, after receivin9 iu\\ and valid dossiers ot organizations and individuals having fertilizers and the Agriculture Department's comments on the assaying process. 2. Recognition of new fertilizers al After f e rti I ize rs a re co ncl ud e d by the specialized appraisal council as having met the require men ts, the Science and Technology Department shall propose the Minister of Agriculture and Rural Development to recognize new fertWzers and put them on the fertilizer list. b/ The time limit for issuance of recognition decisions shall not exceed 30 working days after the appraisal co.uncil's meetings end. IV. IMPLEMENTATION ORGANIZATION 1. The Agriculture Department a/ To elaborate and submit to the Ministry of Agriculture and Rural Development for promulgation documents on processes and standards on assay of fertilizers. b/ To receive and appraise dossiers of assay registration; to grant permits for assay o-f new fertilizers and permits for production of new fertilizers in the country for assay. cl To organize the appraisal and propose the Minister of Agriculture and Rural Development to recognize fertilizer-assaying units. di To inspect, examine and handle violations on the assay of fertilizers. 2. Tt1e Science and Technology Department a/ To submit to the Minister of Agriculture and F\ural Deve\opmenl decisions on setting up councils for appraisal and recognition of ne1w fertilizers. bl To submit to the Minister of Agriculture and Rural Development decisions on recognition of new fertilizers. 3. The provincial/municipal Agriculture and Rural Development Services a/ To monitor and inspect the assaying process in their localities. b/To comment and evaluate the assaying results and utility of the assayed fertilizers in their localities. 4. Assaying units a/ To carry out the asse,ys in strict accordance with the Regu!atlon on assay of fertilizers, issued by the Ministry of Agriculture and Rural Development and bear responsibility for the assaying results. bl To report on the results of fertilizer assay to the Agriculture Department. 5. Organizations and individuals having fertil'lzers to be assayed a/ To strictly comply with this Regulation and relevant law provisions. b/ To coordinate with assaying units in reporting on the results of fertilizer assay to the Agriculture Department. cl To pay charges and fees for assay and recognition of new fertilizers. V. HANDLING OF VIOLATIONS 1. Organi;rntions and individuals that violate Decree No. 113/2003/ND-CP and this Regulation on fertilizer assay shall, depending on tl1e nature and seriousness of their violations, be examined for penal liability; if causing damage, thoy must pay compensation therefor accmcling to law provii,ions. 2. The provincial/municipal Agriculture and Hural Development Services shaJJ propose the Minislt)I of Agriculture and Rural Development to suspend o~ stop the fertilizer-assaying activities of organizations or individuals that fail to meet tho conditions prescribed in this Regulation. 3. Those who abuse their positions and/or powers to obstruct lawful activities or violate the provisions on assay and recognition of new fertilizers shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability; if causing damage, they must pay compensation therefor according to taw provisions. For the Minister of Agriculture and Rural Development Vice Minister surBA SONG