Circular 31/2015/tt-Bnnptnt: Provisions On Monitoring Of Toxic Residues In Animals And Animal Products And Aquatic Products Breeding

Original Language Title: Thông tư 31/2015/TT-BNNPTNT: Quy định về giám sát dư lượng các chất độc hại trong động vật và sản phẩm động vật thủy sản nuôi

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CIRCULAR rules on monitoring of toxic residues in animals and animal products and aquatic products breeding _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the MINISTER of AGRICULTURE and RURAL DEVELOPMENT Law bases the quality of goods and products of 2007/QH12 on November 21, 2007;
Food Safety Law bases the number 55/2010/QH12 on June 17, 2010;
Pursuant to Decree No. 132/2008/ND-CP on December 31, 2008 detailing the Government's implementation of some articles of the law on quality of goods and products;
Pursuant to Decree No. 38/2012/ND-CP dated 25 April 2012 of the Government detailing the implementation of a number of articles of the law on food safety;
Pursuant to Decree No. 199/2013/ND-CP on November 26, 2013 of government functions, tasks, powers and organizational structure of the Ministry of agriculture and rural development;
At the suggestion of Director quality management products and fisheries, Minister of agriculture and rural development issued a circular regulating the supervision of toxic residues in animals and aquatic animal products.
Chapter I GENERAL PROVISIONS article 1. Scope this circular regulates the content, sequence, procedure for implementing program monitoring of toxic residues in animals and animal products and aquatic products breeding used for food (hereinafter referred to as "the residue monitoring program"); the responsibilities and powers of the organs and organizations, the individual concerned.
Article 2. The object that applies to this circular apply to: the basis of aquatic breeding base, acquisition, processing, processing of fisheries (hereinafter referred to as the base), the inspection agency, the Agency for monitoring and testing base join the program monitor residues.
The dress 3. Explanation of terms In this circular, the terms below are interpreted as follows: 1. the residues of toxic substances (hereinafter referred to as the residue): is the rest of veterinary drugs, growth and reproduction, rearing environment processing substances, toxic substances originating from food , from the environment and their metabolic substances exist in aquaculture feed can be harmful to the health of consumers.
2. aquatic products breeding: Batch is a collection of many individuals of an aquatic animal breeding objects are harvested the same time at a base or breeding aquatic farming.
3. Pesticide residues exceeding the maximum limit allowed: the case of detecting residues of chemicals, antibiotics banned chemical residues or use, limited antibiotic use exceeded the maximum limit allowed in the form of animals and animal products and aquatic products breeding.
The procedure 4. Principles, content, deployment base residues monitoring program 1. Principles for implementing program monitoring pesticide residues: residues monitoring program be developed according to the following principles: a) aquatic breeding objects are objects that is monitoring commercial production of large, high economic value and match oriented object development plan of local farming and fisheries in both countries.
b) aquatic breeding is monitored is the area of aquaculture products have the same risk of pollution levels, defined by administrative boundaries and in accordance with the planning of aquaculture locally and throughout the country.
2. content: residue monitoring program a) building and announced plans to deploy monitoring programs residues;
b) implementation, residue monitoring programs include: monitoring the situation of aquaculture, monthly sampling plan adjustment of monthly monitoring (if available); sampling, testing and report monthly monitoring results; handle the cases detected residues exceeding the maximum limit allowed; Troubleshoot food safety;
c) verify the implementation of program monitoring residues.
3. deployment base residues monitoring program: deployment base residues monitoring program is the regulation, national technical regulation on aquatic food safety and regulations on the use of chemicals, antibiotics, veterinary drugs, environmental improvement and handling of substances banned , limited use in aquaculture. For the species farmed seafood for export, in addition to satisfying the prescribed content of Vietnam also must meet the requirements on monitoring of toxic residues of importing countries or by international treaties to which Vietnam has signed or joined.
Procedure 5. Inspection bodies, monitoring bodies 1. Check the Agency's quality management Department of agriculture forestry and fisheries (including its subsidiaries) is responsible for General, informed planning and organization deployment, check the implementation of program monitoring residues.
2. The Agency is monitoring the quality management Department of agriculture forestry and fisheries (or specialized agencies by the Department of agriculture and rural development of the province, the city of centrally appointed for the province, the city has not yet established a quality management Department of agriculture forestry and fisheries) is responsible for building the plan , implementing monitoring programs in local residue.
Article 6. Requirements for organizations and individuals involved in program monitoring residues 1. Sampling officers and officers check, verification of program monitoring residues must be sample business training, supervision program of food safety.
2. sampling officers must be equipped with adequate tools, equipment necessary for the sampling, sample preservation according to the manual instructions set, made by the residue monitoring program quality management Bureau of agriculture forestry and fisheries issued.
3. test facility participate in the program monitor residues (hereinafter referred to as test facility) must meet the following requirements: a) the competent authority appointed under the provisions of circular No. 17/2011/TT-BNNPTNT on 1/4/2011 the Ministry of agriculture and rural development regulation reviews , specify and test management agriculture and rural development and the circular 20/2013/TTLT-BYT-BCT-BNNPTNT on 12/8/2013 the Ministry of health, the Ministry of industry and trade, the Ministry of agriculture and rural development regulation conditions, procedure sequences specify the basis of testing food served in State management;
b) meet the requirements of the reference test methods corresponding to the monitoring indicators (if available) in residues monitoring program.
Article 7. Funding to implement the monitoring program activity funding for residue testing, monitoring of compliance, monitoring bodies follow the hierarchy that the current state budget. The estimate under the provisions of the law on the State budget and the writing guide.
Chapter II MONITORING PROGRAMME IMPLEMENTATION article 8 RESIDUES. Building and announced plans to deploy the 1st residue monitoring programs. The investigation, collect information, survey the aquaculture situation: at the end of the year, finally adopted case monitoring bodies chaired the Organization investigate, collect information, survey the following the steps: a) collect statistics, information about the real situation in aquaculture management;
b) actual survey organisations at locations not enough necessary information.
2. Determine the aquatic feed object, the Fed needs monitoring: a) criteria to determine the 1 (one) aquatic breeding objects need to monitor residues monitoring program include: information on commercial production, economic value, and direct the planning development of species breeding in the next year;
b) criteria to determine the 1 (one) in the breeding program is the residue monitoring aquaculture area of common water resources use level has the same risk of pollution (heavy metals, drugs and plant protection, ...); located on the same level administrative boundaries; match the aquaculture plan of the province and of the Ministry of agriculture and rural development; Monitoring bodies have sufficient resources and ensure the feasibility of the deployment of the monitoring program in local residues;
c) code the feed is regulated uniformly according to the annex I attached to this circular;
d) is supervised breeding must be mapped, specific descriptions according to the manual instructions set, made by the residue monitoring program quality management Bureau of agriculture forestry and fisheries issued and be updated when there are adjustments, supplements.
3. Before 10 December every year, the watchdog plans to deploy next year in the area of management and inspection agency reports (including the additional proposals adopted new objects, new breeding program monitoring residues if present) according to the model in annex I attached to this circular. In case of need, the Agency organized test verifies the fact that the information in the plan by monitoring agency reported.
4. Before 31 December each year, the Agency examined General and announced plans to deploy next year on nationwide to monitoring bodies and other relevant agencies to develop according to Appendix III attached to this circular.
Article 9. The Organization made the 1st residue monitoring programs. Monitor aquaculture situation: before July 22 monthly, monitoring bodies submit to the Agency a report monitoring the situation of aquaculture in the breeding program in the monitoring of residues and recommending the next sampling plan (if available) according to the model in annex IV attached to this circular.
2. Adjust the monthly sampling plan: before July 26 monthly, on the basis of the monitoring reports the situation of aquaculture by providing monitoring agency, the Agency adjusted the monitoring sampling plan (if available) and reported to the monitoring bodies to make. In case of need, the Agency conducted inspections and supervision requirements explain the inappropriate content before sampling plan adjustment of monthly monitoring.
3. The process of sampling, preservation, delivery model and specify the target testing: a) based on the monthly sampling plan, the monitoring agency issued a decision on sampling, which stated the Fed was monitoring, object, the name of the facility was sampled, the number of samples, test norms sampling duration, and officers assigned to sampling;

b) officers are assigned to follow the correct sampling sampling decisions, improve sampling Votes corresponding to each object raising fishery products follow the form in Appendix V attached to this circular and proceed to encode the template. Sample vote was 2 (two) copies, 1 (a) a save at the facility had sampled, 1 (a) a save in monitoring bodies;
c) Model adopted fisheries must be sealed, with the symbol recognized and preserved;
d) within a period of 3 (three) working days from the time of sampling, monitoring bodies must send samples to the testing facility is specified;
DD) technical requirements on sampling, preservation, delivery model and specify the target testing is done according the manual instructions set, made by the residue monitoring program quality management Bureau of agriculture forestry and fisheries issued.
4. Tested and reported results monitoring: a) within a period of 5 (five) working days from receipt of the samples, testing facility to test samples and provide results to the Agency;
b) within a period of 5 (five) working days from when the test results, the Agency must send notices of monthly monitoring results to the monitoring bodies and the institutions and individuals concerned;
c) particularly for cases detected residues exceeding the maximum limit allowed, follow the content of the provisions in chapter III of this circular.
Chapter III PROCESSORS when DETECTING RESIDUES EXCEEDING the MAXIMUM LIMIT ALLOWED for article 10. Test results reported within a period of 1 (one) working day since official test results have detected residues exceeding the maximum permitted limits (including test results confirmed for sample was detected by positive tests) Testing facility to test results reported to the Agency.
Article 11. Warning excess residue limits maximum permitted within 1 (one) working day since receiving the test results to detect pesticide residues exceeding the maximum limit allowed, the Agency must have written notice according to the model in annex VI attached to this circular to the monitoring bodies.
Article 12. Requirements determine the cause, fix the problem within 1 (one) working days from receipt of the notice of compliance, the monitoring agency perform: 1. For model breach is not farming, fisheries are commercial size: monitoring bodies have text alert facility requirements, determine the cause and implement appropriate remedies; aquatic sampling feed to strengthen monitoring. Enhanced sampling time dependent level of removing of the substance were discovered and mass model ensure sufficient to test the substance was discovered.
2. for templates violate is the fisheries are raising, reaching commercial size: a) monitoring bodies have the pause text harvesting, base requirements determine the cause and implement appropriate remedies; requirements and monitoring establishments feed store; aquatic sampling feed to enhance monitoring and ensure the sample volume enough to test the substance was discovered. When sample testing results enhanced monitoring requirements, monitoring bodies had the text allows the facility to harvest.
b) for aquaculture products residues of substances eliminated slow: monitoring agency for permission to harvest the food when it meets the specific requirements of the market, or transfer the purpose of use.
c) base case has been harvested before warning: monitoring bodies have text alert facility requirements, determine the cause and implement appropriate remedies; at the same time proceed to retrieve and recover the aquatic products breeding batches the violation; sample test to verify it and only allow marketed consumption if the test results are satisfactory.
3. for templates violate is taken at the facility acquisition, processing, processing of aquatic products breeding: monitoring agency, the Agency has examined the text alert facility requirements, proceed to retrieve the source, determine the cause and implement appropriate remedies according to the authority; request the recovery base aquatic products breeding plots were marketed consumption (if necessary) or require the facility to isolate plots farmed seafood products are stored at the facility, sample test to verify: a) When satisfactory results, enabling the market to consume.
b) When results are still unsatisfactory, only allow use as food when meets the specific requirements of the market or have to switch the purpose of use.
Article 13. Investigation report of fix base after receiving reports the fix of the basis, monitoring bodies: 1. Hosted, in cooperation with the relevant units of the Department of agriculture and rural development the Organization verify the traceability, identifying the causes and results of the remedy of the facility; in case of need, organized to retrieve from the adopted basis to the production facilities and product consumption detected the violation (if any) to withdrawal, processing products do not guarantee safety.
2. Perform the sampling of aquatic feed to monitor unintended boost for the facility have discovered residue samples exceeded the maximum limit allowed.
3. If sampling results enhanced monitoring shows the base continued the pattern of violations, the monitoring body established Agency notification profile assigned functions of specialized inspection of FOOD SAFETY quality management aquatic products to review, inspection Organization (if necessary) and processed according to the rules.
4. In the case of detection of aquatic feed, quality processing, environmental improvement, aquaculture, aquatic veterinary medicines containing banned chemicals or violation of the rules on registration, circulation watchdog, informed authorities that relate to the products infringe locally; at the same time report the Agency to notify the Directorate of fisheries, animal health measures to be handled according to the regulations.
Chapter IV INSPECTION PROGRAM IMPLEMENTATION article 14 RESIDUE MONITORING. The Organization verifies the implementation of program monitoring residues 1. Content verification: a) for monitoring bodies: surveys, collect information about the situation of aquaculture, annual monitoring plan; sample activity; monitoring the situation of aquaculture; warning activities and process when detecting residues exceeding the maximum limit allowed by monitoring bodies;
b) test establishments: activities of receiving, testing the form and notice of results tested in the program monitor residues.
2. Frequency of inspection: a) for monitoring agencies: recurrence 01 (a)/1 (one) year (or irregularly as needed);
b) test establishments: in conjunction with operation check, monitoring testing facility specified in circular No. 17/2011/TT-BNNPTNT day 1/4/2011 and circular 20/2013/TTLT-BYT-BCT-BNNPTNT on 12/8/2013 (or irregularly as needed).
Article 15. Handle the result verifies the implementation of program monitoring residues 1. With regard to monitoring bodies: body check writing to suggest the Department of agriculture and rural development, the city made the appropriate remedy in the case of monitoring bodies was discovered to be the wrong one or the following error: a) inappropriate sampling locations, are not consistent with the sample profile;
b) Not taken enough samples of 2 (two) months in a row without text message reason;
c) does not perform monitoring, providing information about monthly aquaculture situation consistent with fact;
d) do not fulfill the order procedure and measures to treat when detected residues exceeding the maximum permitted limit referred to in article 12 and article 13 this circular;
DD) does not make the request, the Agency's technical guide to check within the implementing program monitoring residues;
e) does not report the results of the monitoring program and the residue monitoring plan in accordance with the provisions of this circular without written notice reason.
2. In the case of monitoring bodies continue to re-enact a or some error mentioned above in the next assessment, the Agency has examined the text send the Department of agriculture and rural development, the city temporarily stopped the implementation of residue monitoring program monitoring bodies on the area and asked to make the appropriate remedy.
Within monitoring bodies was halted implementation of program monitoring residues to rectify the wrong, remedy the error, the direct agency implementation of the activities deployed on residue monitoring program area until full basis shows that monitoring bodies had overcome the wrong error.
3. For the test facility inspection agency notice requesting testing facility to fix error, consider measures to temporarily stop taking their residue monitoring program test facility in breach when needed.
4. within 15 (fifteen) working days from the date of receiving the wrong remedy report errors by the Department of agriculture and rural development or testing facility, the agency conducting the assessment test reports (including the actual assessment if necessary). After the investigation, within 5 (five) working days, the Agency has examined the text allows to deploy back or residue monitoring program announcements continue to suspend program execution monitor residues (reason yet to match) but no later than 20 (twenty) working days from the date of the report.
Chapter V RESPONSIBILITIES, powers of the AGENCIES, ORGANIZATIONS and INDIVIDUALS CONCERNING the Proposed RESIDUE MONITORING PROGRAM 16. The quality management Department of agriculture forestry and fisheries 1. General plans monitoring program annual residue all over the country the Ministry of agriculture and rural development approved, the Organization implemented according to plan approved under the provisions of this circular.
2. Updated, published annually the scope and subjects of fisheries breeding is monitoring the residues monitoring program on the website of the Directorate and notified to the supervisory authority.
3. building and issued guides set, implement program monitoring residues.

4. Updated, announced the list of indicators, methods of testing and limits the maximum permitted residue monitoring program as the authority on the basis of the general rule, Vietnam's standards, regulations of the importing countries and international organizations.
5. Organization of training, training, professional guide service implemented the program for residues monitoring agencies, the organization participated in the program monitor residues.
6. General and announced the list of the specified test facility capable of taking surveillance program residue.
7. periodic reports, irregularly at the request of the Ministry of agriculture and rural development on the results; chairing the proposed renovation measures needed or the need to modify the content, additional residue monitoring programme.
8. Manage, use and allocation of funds approved for the relevant agency to implement program monitoring residues to the current regulations of the Ministry of finance.
9. Public announcement on the Bureau's website, the mass media on the list of establishments have discovered residue samples exceeded the maximum limit allowed under the provisions of the law.
10. Host verifies the implementation of residue monitoring program agencies, related organizations and the handle or the competent agency recommendations handle the violations under the provisions of the law.
11. Host to work with the Agency's inspection division authorized the importing countries; report, provide the information required by the importing country authorities; negotiating, signing cooperation documents with the authorities of importing countries fisheries monitoring programs related to residues.
The procedure 17. The Directorate of fisheries directed, the Organization implemented measures to handle the cases of feed mill, processing chemicals, improving aquaculture environment found to have chemicals or not named in the list are allowed to circulate in Vietnam and the cases of other violations of agency check , The monitoring agency.
There is 18. Animal Health Organization directing, implementing measures to handle the cases of veterinary chemicals in aquatic animal health aquatic products found to have chemicals or not named in the list are allowed to circulate in Vietnam and the cases of other violations of agency check , The monitoring agency.
Procedure 19. The Department of agriculture and rural development 1. Specify and direct the monitoring bodies chaired the Organization, implementing program monitoring residues in management.
2. Directs the dissemination, guidance for facilities management in implementing the regulations on the monitoring of residues.
3. Directing subordinate agencies to coordinate with local monitoring agency verifies the implementation of traceability and the results of fix base have discovered residue samples exceeded the maximum limit allowed; in case of need, organized to retrieve from the facilities provided to the production and consumption of products, discovered the violation (if any) to recovery, product handling safety.
4. The direction the Agency was given the functions of specialized inspection of FOOD SAFETY quality management of local fisheries review, handling the case results enhanced monitoring sampling continues to detect aquatic feed residues exceeding the maximum limit allowed.
5. Direct the management of the quality of agricultural materials and products of agriculture and forestry, local seafood processing, consider the case of aquaculture feed detection, chemical processing, environmental improvement, aquaculture, aquatic veterinary medicines containing banned chemicals or violation of the rules of registration.
6. check, monitoring the implementation of the monitoring program in local residue.
7. periodic reports or extraordinarily upon request of the Ministry of agriculture and rural development, on monitoring activities in residue management.
There is 20. Monitoring bodies 1. Presiding over the construction plan annual monitoring sampling, reports the Bureau of agriculture and forestry product quality management and fisheries and the Organization deployed under the plan approved in the city, according to the provisions of this circular.
2. Dissemination, guide the production facility aquaculture made provisions of this circular and the rules, standards, regulation on chemical residues, antibiotics in the aquatic products breeding.
3. Updated, inform the scope and subjects of fisheries breeding is monitoring the residues monitoring program on the area annually to the production facility.
4. store the entire system of records, the data related to program monitoring residues; provides profile, full and accurate explanation of the issues related to the deployment when the residue monitoring program the Department of agriculture and rural development or quality management Bureau of agriculture and forestry production and fisheries request.
5. Ask the aquaculture facility, facility acquisition, processing, aquatic feed sampling Executive; provide relevant information; implementation of the remedy in the residue monitoring programs.
6. Coordination and organization of training courses, training, professional guide service FOOD SAFETY monitoring by the quality management Department of agriculture forestry and fisheries organizations.
7. Management and use of funds allocated under the annual plan in the program annual residue monitoring according to the provisions of the Ministry of finance and the Ministry of agriculture and rural development.
8. Provide information about the patterns discovered residues exceeding the maximum limit permitted under the regulations of the Ministry of agriculture and rural development of the people's Committee, the city and the authority assigned to it.
9. Public announcement list basis have discovered residue samples exceeded the maximum limit allowed on the province, the city according to law provisions.
Article 21. Test facility 1. Responsibilities: a) compliance testing process, ensure the capacity of equipment testing, information security and testing results in accordance with the law;
b) ensure accurate test results, objectivity, honesty; use the reference test methods corresponding to the monitoring indicators (if available) in residues monitoring program;
c) test results reported to the test and must meet the prescribed time;
d) responsible for testing results;
DD) participating in the proficiency testing program at the request of the Ministry of agriculture and rural development;
e) records, documents relating to the operation tested rules and present when authorities request.
2. Powers: a) refused the samples did not meet the technical requirements under the regulations. Refused testing for sample, the target out of range is certified;
b) provided the information and create conditions of training in order to enhance capacity for testing;
c) charge a fee, test fees according to the current rules.
Proposed 22. The basis of aquaculture 1. Use only the type of food, aquaculture aquatic veterinary medicines, chemicals, environmental improvement, aquaculture has a name in the list are allowed to circulate. Case of using aquaculture feed, veterinary treatment, aquaculture, environmental improvement, aquaculture has a name in the list are allowed to circulate, the facility must stop use before harvest according to the manufacturer's instructions.
2. track, full archive and give monitoring bodies of information on aquatic species, forms and an area of production, the time of harvest, the seed, feed, veterinary, biological preparations, chemical processing, environmental improvement, aquaculture was used (if any) and other information related to the process of breeding aquatic products when requested.
3. Determine the cause, make appropriate remedy; observance of the sampling and monitoring measures, recovery of monitoring bodies when the test results of samples exceeded the maximum limit allowed.
4. Establishing, storing profile full lot traceability farmed seafood products are harvested in accordance with the Ministry of agriculture and rural development and provide information to the buyer and the relevant authorities when requested.
5. Are participating in training, the dissemination of knowledge about food safety in aquaculture due to agency organization.
6. Provided test results of the samples taken at the facility when required.
7. save the vote sampling, testing results; profile determine the cause; remedies and other relevant records at the facility within at least 2 (two) years and provides the relevant authorities when requested.
There is 23. The basis for the purchase, processing and processing of fishery feed 1. Regularly update residue monitoring results from the website of the Department of management of the quality of agricultural production and fisheries and the related notice of inspection bodies, monitoring bodies and related agencies.
2. no purchase of aquatic products breeding is harvested from breeding or breeding establishments are paused or the harvesting of unknown origin; set up and store profile full traceability of each batch of fisheries products adopted in accordance with the Ministry of agriculture and rural development.
3. Determine the cause, make appropriate remedy; observance of the sampling and monitoring measures, to remedy the Agency's inspection or monitoring bodies when the test results of samples exceeded the maximum limit allowed.
4. The initiative provides for the inspection agency or supervisory organs of self results in control of toxic chemical residues in aquaculture feed of base and information related to the situation of aquaculture in the base or procurement area aquatic pets (if applicable) and when requested.
5. Are participating in training, training, the dissemination of knowledge of food safety in the manufacture and trading of aquatic products by the Agency Organization;
6. Provided test results of the samples taken at the facility when required.
7. save the vote sampling, test results and records determine the cause and remedy and other records related to control activities of toxic chemical residues in aquaculture feed at the base within a period of at least 2 years.
Chapter VI ENFORCEMENT TERMS

Article 24. Effect 1. This circular is effective from 19/11/2015.
2. This circular replaces decision No 130/2008/QD-BNN on December 31, 2008 of the Minister of agriculture and rural development, issued regulations to control toxic residues in animals and aquatic animal products.
Article 25. Additional amendments to circular quality management Bureau of agriculture and forestry production and fisheries is responsible for the synthesis of difficulties and problems arising in the implementation of this circular and reports the Ministry of agriculture and rural development to consider additional amendments accordingly.