Circular No. 03/2011/TT-BNNPTNT on tracing and recall of fishery products failing to meet food quality and safety requirements

Issue nos04,06/Febr1Ji!'Y 2Q11 (Gong Baa nos 87-38;F-eL\'~/ary 7. 2011,1 OFFICIAL GAZETTE 21 Circular No. 03/2011/TT·BNNPTNT of January 21, 2011, on tracing and recall of fishery products failing to meet food quality and safety requirements !)/ffS/{(1II1 to t!le Government 's Decree No. Of/~(}()8/\!f)-CP (~rJ{/I1I/(fry 3. :!008, defining t hc /IIJJC!iOllS. t ns t:s, /U)\I'('fS n n d (),.g([lIi~~{/li(lIl(l1 structure (~r the Alil/istry of Agriculture and I?//I"ul f)C\'c!0PII/Cllf: and the Govvnuncnt \' Decrc(' No. 7512(J(}<)/VlJ-CP o] ,1.,'lpJr'mheJ" l t), ~()()(). iJl}Ji'}}r!ing ,. idl' 3 0/ Decree /\"0. O/F!J)()8I.Nf)-CP of' l an uarv 3. cOOS. Pur-uont to the ~()07 LO\I" 011 !)mdllcl and Goo.i: (j//({Iily: Pursuant to th« GO\'i'fIIl/I(,1I1'.\ f)ecree No, 1321},()()/)I/VLJ CfJ of [)c('('/nhe}' 3/, 20U8, dc/ailing a nnmbcr {~/ or/ides oj !he Law 011 Prodl/c/ and Goods Qua/i!y: Ill/nil/fill tcr th» lulv 2(l, },O()3 On/il/(//Ice Oil F(loclllrl!iclI(' an.l S(/!ct\: j() ~/~(.ill-II\IJ ell (II Sef/t/'lIlhe!" --;", :!n04, d('lOilllll! (/ /lilli/her iI! anulcs (II flit' t hdinunce (JII l(lut! Il\t!,icfle ({fld Sa/cry: 711c ,lIillisfry (II :\griCl/{furc IIlId Rural [)<']"c!OjJN1Ulf j'rol'idc.l' tlu: Irtlt"in!.; (flit! n'('ol/ of .tIShcrv jlwd/ldS.!(/ iii/I g to 1I1('('t!e 'od uualir; and sa!clY r('(jllir('/!/cllfS (IS [ollows: Charier 1 (;E~ERAL I'ROVISI(),,~ Article I. Scope of regulation This Circular provides princjples and proccdurcx for the tnlcing ;.wd recall .offishery products failing to meet food qualitv and safety' rc quirc rnc nt s ; and rc spon sibui l ies of organizat ions and indi vidual s enga~1!'d in fishery prnduction and husiness. and agenci{",~ Involved in the irnplcmcnt.niou of this CirultJIj .\rticlc 2. Suhiects ()C applicauon I. This Circular arrlies to fishery production <lnLl bw;incss cslahlishml'nls (heJO\.\ referred to as cstahlishmcnts t: <.1/ Fishing vessels with main l'ngin~capacity of 5() HP or higher: aquat ic all~lIlal feed producers and traders: producers and uuders of rhc mira lv and products for a4udculturc environment Lrcatmcn t and impruverncnt: producers, traders and hatcheries or commercial aq ua ri c animal secus, and aqttacu lture L'~I<lhJi~hnlL'nt.s; hi Jnclcpcndcnr iCL' producers \L'n'iJl~ aquatic product prcsc rv at ion and proccs s in g ; ext ahl i s luucn t s procuring, prv limiuarilv procL'\slng. storing, pre~er\'illg, pdc~il\:-: and pr()CC\\1I1c~ clLjU,llJC rrnuuct.<.; for domestic Cllll\Ulllptlllll: © VIETNAM LAW &LEGAL FORUM 22 OFFICIAL GAZETTE Issue nos04-06iFebru..:y 2011 (Gong Beo nos SI-SS/February 7. 2011 i cl Export aquatic food processing vessels: establishments cleaning and supplying live bivalve mollusks (with products served raw'); independent cold storehouses preserving aquatic products; cst abl is hme nts preliminarily processing. packing and processing aquatic products and having export products. 2. TlW Circular docs not apply to households and individuals producing fishery products on a small sc...1c for domestic use without sale in the mar~t and producers of products of aquatic origin which arc not used as food. Arti~ 3. Interpretation of terms In this Circular. the terms below are construed as follows: 1. Fisherv products include aquatic animal feed; chemicals and products for aquaculture environment treatment and improvement; aquatic animal seeds; ice for aquatic product preservation and processing; seafood and aquatic products used as food. 2. Tracing means the possibility to monitor and locate 11product unit through specific steps of production, processing and distribution (by Codex Alimentarius standards). 3. Product recall means taking measures to remove a product which fails to meet food quality and safety requirements from the chain of production. processing and distribution. 4. One ""'/1 back-one step [orward fr(lcil1g principle n,..:<.inS an establishment's storage of information that guarantees the identification or the producers and/or traders one step back and one step forward in the production. processing and distribution of a traced product. 5, i'roductiou (O{ (f'({lrll) mCJIlS a spcrilic quantity of good." produced according to the same tcchnologicul process and under the xamc production conditions within an uninterrupted period of time. 6. Lot ojreceip! means a quantity of materia I" procured and received once by an estahlishmcnt for production. 7. Lot of dcl iverv means a quantity of products of an estahlishment delivered once. Article 4. Inspection and supervision agencies Agencies inspecting and supervising the observance of regulations on tracing and recall of fishery products failing to meet food quality and safety requirements are: I. The Directorate of Fisheries', and designated professional agencies under provincial-level Agriculture and Rural Development Departments. which shall inspect and supervise the establishments specified at Point a, Clause I. Article 2 of this Circular in implementing this Circular. 2. The National Agro-Forestry-Fishcrics Quality Assurance Department and its attached agencies and units. which shall inspect and supervise the establishments specified at Point c. Clause 1. Article 2 of this Circular in implementing this Circular. 3. Agro-Forestry-Fisheries Quality Assurance Sub-Departments (or professional agencies designated hy provincial-level Agriculture and Rural Development Departments in cities and provinces without an Agro-Forcstry-Fishcries Quality Assurance Sub Department). which shall inspect and supervise the cstah\ishments specified at Point h. ("lJll~c 2. Article 2oftil is Circular in implcmcllllng Illi\ Circular. © VIETNAM LAW & LEGAL FORUM Issue nos04·06lFebruary 2011 (G6ng BaD nos 87-88lFebruary 7, 2011) OFFICIAL GAZETTE 23 Chapter 11 TRACING AND PRODUCT RECALL Article S. Tracing The establishments specified in Clause l. Article 2 of this Circular shalJ establish a tracing system meeting the requirements provided in the Appendix to this Circular, Article 6. Recall of lots of delivery L An establishment specified in Clause L Article 2 of this Circular shall adopt a policy to recall lots ofdelivery failing to meet food quality and safety requirements in the following cases: al The establishment voluntarily recalls a lot of delivery when detecting that such lot is made from input materials which fail to meet food quality and safety requirements or is producedl processed or preserved in the conditions failing to meet [Dod quality and safety requirements; bl The establishment shall recall a lot of delivery at the request of an inspection and supervision agency in the following cases: The lot is requested by a competent agency of Vietnam or an importing country for recall or return for its failure to meet food quality and safety requirements; The lot is originated from an aquatic animal rearing establishment/area or harvesting area which is detected to fail to meet food quality and safety requirements within the scope of national surveillance programs forfood hygiene and safety. 2. An establishment specified in Clause 1, Article 2 of this Circular shall estahlish procedures to recall 1015 ofdelivery which must meet the requirements provided in the Appendix to this Circular Article 7. Tracing and recall of products at request of inspection and supervision agencies I. Notice of recall: An inspection and supervision agency assigned under Article 4 of this Circular shall issue a notice requesting an establishment \0 trace and recall a lot t>fdelivery which fails to meet food quality and safety requirements. This notice must contain the following information on the lot of delivery: al Name of the establishment responsible for tracing and recalling the lot of delivery; b/ Information to identify the lot in question (type, identification code. volume); el Reason for tracing and recall; dl Scope of and deadline for recall, 2, Recall: After receiving a notice of recall, an establishment shall trace and recall a lot of delivery as follows: alTo identify the lot in question through the establishment's tracing system; bl To determine the lot and the scope of tracing and recall; cl To submit a recall plan to an inspection and supervision agency and to request its assistance in recall (when necessary): dl To recall and handle the lot; cl To report results to an inspection and supervision agency after recalling and handling the lot. 3. An inspection and supervision agenc.y' may vcrify an cstablishrnems product frilcing ami recall when necessary. © VIETNAM LAW & LEGAL FORUM 24 OFFICIAL GAZETTE Issue nos 04·06/February 2011 (C6ng Beo nos 81-88/February I. 2011) Chapter III RESPONSlBILlTIES OF I:-.JVOLVED PARTIES AND HANDLl:-.JG OF VIOLATIONS Article 8. The Directorate of Fisheries I. To provide and detail regulations (including a system of estahlishment identification codes) on tracing and recall of fishery products failing to meet food quality and safety requirements applicable to the establishments specified at Point a, Clause 1. Article 2 of this Circular. 2. To direct and guide professional agencies under provincial-level Agriculture and Rural Development Departments in applying this Circular ttl the establishments specified at Point a, Clause 1 Article 2 of this Circular. 3. To inspect and supervise professional agcnciex underprovincial-level Agriculture and Rural Development Departments in conducting inspection and supervision as assigned under Clause I. Article 4 of this Circular. Artirle 9. The National Agro-Forestry Fisheries Quality Assurance Department 1. To provide and detail regulations on tracing and recall of fishery products failing to meet food quality and safety requirements applicable to the establishments specified at Points b and c. Clause I. Article 2 of this Circular. 2. To direct and guide its attached units and Agro-Forestry-Fisheries Quality Assurance Suh Departments or professional agencies assigned by provincial-level Agriculture and Rural Development Departments in inspec\inE and supervising the implementation of this Circular by the respective establishments specified at Points band c. Clause I. Article 2 of this Circular. 3. To inspect and supervise its attached units and Agro-Forcstry-Fisheries Quality Assurance Sub-Departments or professional agencies of provincial-level Agriculture and Rural Development Departments in conducting inspection and supervision as assigned under Clauses 2 and 3. Artiele 4 of this Circular. Article 10. Provincial-level Agriculture and Rural Development Departments 1. To direct their professional agencies in inspecting and supervising the implementation of this Circular as assigned under Clauses land 3, Article 4 of this Circular. 2. Quarterly or upon request, to report to the Ministry ofAgriculture and Rural Development (the Directorate of Fisheries or the National Agro-Forestry-Fisheries Quality Assurance Department) on tracing and recall of fishery products failing to meet food quality and safety requirements in their localities. Article 11. Establishments 1. To comply with the guidance of inspection and supervision agencies specified in Article 4 of this Circular and related laws. 2. To submit to inspection and supervision of the implementation of this Circular and handling measures provided by inspection and supervision agencies. 3. To comply with Articles 5 and 6. and Clause 2. Article 7. of this Circular and report to inspection and supervision agencies when so requested. Article 12. Handling of violations © VIETNAM LAW & LEGAL FORUM ~sue nosQ4-06/FebIlli!!Y-2911 (Gong BaDnos F7-RB.:F:;bruary t 2011) OFFICIAL GAZETTE 25 Inspcctiou and supervision agl.'IlCICS shall cou sidcr and h.md!,: under the Ministr-y or Agriculture .md Rur a l l rc vclo pmc nt« rcgulations v iol.n ion s or thi;.; Cuculur as violations ofcondirions un food quality. hygiene and safety' assuranCL' for fisheries producers and traders. Chapter IV l:VlI'LEMEI\IATIOC'i PROVISIOI\S Article L'. Transitional provisions 1. This Circular applies on its effective date to the cstublishm.-m» specified in Clause l . Article :2 of this Circular. ~. This ('jrcular applies on Januar) 1.1012. to fishing \('ssl.'h with rnain engine capacity ranging from 50 HP to under f)() HP. Article 14. Elleet This Circular lakes effect 45 (forty-flvc i days from the date of its signing. Minister (~tAgric/({!l/rc (1/1(/ Rural oe.'('{('I"'le'lf CAO DUC PHAT Appendix Requirements for tracing: and recall of fishery products failing to meet food quality and safety rcq II ircments ilo Circulur No. l!3/cOIIIlTIiNNPTNN or .lanuarv 11. ](}II J I. (iENER.\L REQUlRf:MENTS I. Fur tracing aJ Lstablivhmcnts :-;hall estahli:-;h a tracing: "ystL'm under the one qep hack-one step forward pnuciplc to enable the identification and tracing or J product unit in SJXL·i1l.c steps or production, processing and distribution: hi Product origin must he traced through information. including the sy-tcu: of product identification codes (codingL stored throughout the production process or cstahlishrnents: c/ Est.iblishmcnt-. shall store and provide information which must enable the identification or production lots: lots of receipt. suppliers and lots of delivery and recipients: d/ Establishment., shall adopt nJ<:;Jsures to clearly separate lots of receipt. production lob and lots ofde Iivery to ensure accuracy ofneeded information. 2. For product recall: Establishments shall estahlish appropriate procedures \\'1)/ch t:11.<;ure rec ..ill and removal of products failing to meet food quality and safety requircrnenls Of likely causing food safety,' risks from establishments in the chain of production, distribution and sale. J. The lracing system and procedures for recall of products fJiling to meet food quality and safety requirements must he reviewed and adjusted at least once a year to meet practical operation requirements of cstuhlishments. II TRAClI\(; SYSTEM 1. Establishment or J tracing system: A tracing sy:-;tel11 must CO\L'r: al Scope or applic.uion of the system; hi Procedures fur coding and idcntific.nion of materials and semi-finished and finished products rhrouuhout the production process. Product coding prncl'durL's must ensure © VIETNAM LAW & LEGAL FORUM 26 OFFICIAL GAZETTE Issue nos04·06lFebruary 2011 (Cong Baa nos B7-BBIFebruary 7, 2011) convenient tracing of necessary information on tracing. Dossiers must be stored for at least: preceding production steps; al Six (6) months. for r3\V aquatic products: cl Procedures for recording and storing dossiers in the production process; d/ Procedures for regular inspection and revision of the system; el Tracing procedures (Who" What to do" How to do" When"); fl Assignment of implementation responsibilities, 2. Information storage and provision: 2, L Information storage: 2.1. L Information which must he stored in each establishment for tracing purposes: at For • lot of receipt: Name.address and code (if any) of the supplier; Time and place of receipt; Information on the lot (type. volume. identification code), bl For a production lot: Inforrnation on the lot at each step (production time. type. volume. identification code of the lot/batch); cl FC'r a lot of delivery: Name. address and code (if any) of the recipient; Time and place of delivery; Information on the lot (type. volume. identification code). 2,1,2, For a lot of aquatic materials imported for processing. an establishment must additionally store information on the exporting country. 2.1.3. A system of data management and coding of information for tracing must he stored in an-appropriate medium cnsuring convenient bl Two (2) years. for frozen and processed aquatic products; clOne (1) production cycle. for each aquatic animal seed; dJ Six (6) months afterthc expiry date of each aquatic animal feed or product for aquaculture environment treatment and improvement. 2.2. Information provision: When supplying and distrihuting a lot or delivery, an establishment shall provide the recipient with information for tracing specified in Section 2, Ll of this Appendix. 3, Tracing order and procedures: An establishment shall trace products as follows: al To receive the request for tracing a production lot/lot of delivery; bl To assess the necessity for such tracing: cl To identify the lot in question through archives; d/ To identify production steps related to the lot in question: el To find out causes and the step which is out of control; fl To propose handling measures: gl To make a report after completing the tracing. 4, Product recall: 4,1. Establishment of product recall procedures: al To elaborate model recall plans; b1Toapplyon trial andapprove model recallplans, © VIETNAM LAW & LEGAL FORUM Issue nos04-06lFebruarv 2011 (Cong Bao nos S7-SS/February 7,2011) OFFICIAL GAZETTE 2J 4.2. Product recall order and procedures: a/ To receive a recall request: b/ To assess the necessity of such recall: c/ To adopt a recall plan (based on the approved model plan) and submit it to the leadership for approval; d/ To recall the product under the approved plan. e/ To make a report on recall and measures to handle the recalled lot and store dossiers. When such a recall affects establishments in the chain of production, processing and distribution, the establishment shall submit a report to an inspection and supervision agency © VIETNAM LAW & LEGAL FORUM