Circular No. 09/2010/TT-BNNPTNT promulgating requirements on assurance of food quality, hygiene and safety in processing “tra” and “basa” catfish products for export

60 OFFICIAL GAZETTE Issue nos 03-04IMarch 2010 (Gong Bao nos 113-114/March 7, 2010) THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT Circular No. 09f2010ffT·BNNPTNT of February 26, 2010, promulgating requirements on assurance of food quality, hygiene and safety in processing Ira and basa catfish products for export Pursuant to the Government's Decree No. 011 2008/ND-CP of January 3, 2008, defining The functions, tasks, powers and organizational structure ofthe Ministry ofAgriculture and Rural Development, and the Government's Decree No. 75/2009/ND-CP of September ]0, 2009, amending Article 3 of Decree No. 01l2008/ND CP; Pursuant to the November 21, 2007 Law on Product and Goods Quality and the Government's Decree No. 132/2008/ND-CP of December 31, 200B, derailing a number of articles of the Law on Product and Goods Quality; Pursuant to the July 26, 2003 Ordinance on Food Hygiene and Safety and the Government's Decree No. 163/2U04/ND-(;}-' of September 7, 2004, detailing a number of articles of the Ordinance on Food Hygiene and Safety; The Ministry of Agriculture and Rural Development promulgates requirements on assurance offood quality: hygiene and safety in processing tra and basa catfish products for export as follows: Article 1. Scope of regulation and subjects of application 1. Scope of regulation: This Circular provides for requirements on assurance of food quality, hygiene and safety in processing tra and basa catfish products for export. 2. Subjects of application: aJ Establishments processing tra and basa catfish products for export; bl Vietnam's tra and basa catfish products exported to foreign markets. Article 2. Processing establishments are permitted lUexport tra aud basa catflsh products © VIETNAM LAW & LEGAL FORUM Issue nos 03·04!March 2010 (Gong BaD nos 113-1141March 7, 2010) OFFICIAL GAZETTE 61 if fully meeting following requirements: 1. They have been inspected and certified as satisfying conditions on assurance of food hygiene and safety in producing and trading in aquatic products under regulations of the Ministry ofAgriculture and Rural Development. 2. Tra and basa catfish materials used for processing products for export must: aJ Originate from farms located in rearing zones in which harvest is permitted under the Regulation on control of toxic and hazardous residues in reared aquatic animals and products thereof, promulgated together with the Agriculture and Rural Development Ministry's Decision No. 13012008/QD-BNN of December 31, 2008. b/ Have been sampled, tested and certified by processing establishments as being conformable with food safety criteria under plans set in the establishments' quality control system under the Principle of Hazard Analysis and Critical Control Point (RACCP). c/ IIave their quality inspected through observation by processing establishments upon receipt and are certified as being conformable with requirements (fish are alive and healthy and show no signs of pathological germs or parasites). 3. Requirements on product processing and export: aJ The rate at Ice glaze to the net weight of products in frozen fillet must comply with regulations of competent authorities of importing countries, which must not exceed 20%. b/ It is only permitted to use chemical additives on the list of permitted substances prescribed by importing countries or Vietnam's current law. The residues of chemical additives in products must not exceed the maximum permitted limit. c/ Before being exported, tra and basa catfish products are inspected and certified by the National Agro-Porestry-Fisheries Quality Assurance Department in terms of food quality, hygiene and safety under regulations of importing countries or Vietnam's current regulations. Article 3. Organization of implementation The National Agro-Forestry-Fisheries Quality Assurance Department shall: 1. Inspect and supervise the implementation of the provisions of Clauses 1 and 2; and Points a and b. Clause 3, Article 2 of this Circular by processing establishments in the processing of tra and basa catfish products for export. 2. Inspect and certify food quality. hygiene and safety for exported tra and basu catfish products. 3. Coordinate with the General Department of Customs in controlling exported traand basa catfish products under this Circular. Article 4. Effect 1.This Circular takes effect 45 day<; from the date of its signing. 2. The Chief of the Office, the Director of the National Agro-Forestry-Fisheries Quality Assurance Department and heads of units under the Ministry and establishments processing tra and basa catfish for export shall implement this Circular. Any problems arising in the process of implementation should be reported to the © VIETNAM LAW &LEGAL FORUM 62 OFFICIAL GAZETTE Issuenos 03.()41March 2010 (Gong BaD nos 113-114/March 7, 2010) Ministry of Agriculture and Rural Development for study and settlement For the Minister of Agriculture and Rural Development Deputy Minister LUONG LE PHUONG © VIETNAM LAW & LEGAL FORUM