Circular 01/2013/tt-Bnnptnt: Modifying, Supplementing Some Articles Of Circular No. 14/2009/tt-Bnnptnt On 29/3/2011 Rules Checking, Evaluate Manufacturing Agricultural Materials Business And Products ...

Original Language Title: Thông tư 01/2013/TT-BNNPTNT: Sửa đổi, bổ sung một số điều của Thông tư số 14/2011/TT-BNNPTNT ngày 29/3/2011 quy định việc kiểm tra, đánh giá cơ sở sản xuất kinh doanh vật tư nông nghiệp và sản phẩm n...

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CIRCULAR additional amendments to some articles of the circular No. 14/2009/TT-BNNPTNT on 29/3/2011 rules checking, evaluate manufacturing agricultural materials business and Agriculture and forestry products, aquatic products, and replace a number of the form is attached to circular No. 53/2010/TT-BNNPTNT on 2/8/2011 revised Supplement circular No. 14/2009/TT-BNNPTNT on 29/3/2011 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 01/2008/ND-CP dated 9 January 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of agriculture and rural development; Decree No. 75/2009/ND-CP on February 10, 2009 by the Government on the amendment of article 3 of the Decree 1/2008/ND-CP dated 9 January 2008 by the Government;
Pursuant to the law of food safety 2010 and Decree No. 38/2012/ND-CP on 25/4/2012 of the Government detailing the implementation of a number of articles of the law on food safety;
Pursuant to the law on quality of goods and products in 2007 and the Decree 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 the law of standards and technical regulation in 2006 and the Government's Decree No. 127/2007/ND-CP dated 3/8/2007 detailing the implementation of a number of articles of the law on technical regulation and standards;
At the suggestion of Director quality management products and fisheries, Minister of agriculture and rural development issued a circular amending and supplementing some articles of circular No. 14/2009/TT-BNNPTNT on 29/3/2011 rules checking, evaluate manufacturing agricultural materials business and Agriculture and forestry products, aquatic products, and replace a number of the form are attached to circular No. 53/2010/TT-BNNPTNT on 2/8/2011 additional amendments to circular No. 14/2009/TT-BNNPTNT on 29/3/2011.
Article 1. Amendments and supplements to some articles of the circular No. 14/2009/TT-BNNPTNT on 29/3/2010 of the Ministry of agriculture and rural development regulation the inspection, assessment, business facilities, agricultural materials and products of agriculture and forestry (hereinafter called the circular No. 14/2009/TT-BNNPTNT) as following : 1. Amending point b, point c Article 13 paragraph 4 as follows: "b) periodic test cases, irregular-type B down establishments: notification to the base about being down the type and frequency of checks applied in the coming period;
-For category C Base: base message not eligible and requests a specific remedy for not reaching base (type C) for every industry group be tested. Depending on the level of error wrong basis, the Agency checks suggest the authorities the right to make administrative sanctions under the regulations, at the same time decide the time limit to remedy and test again. If the base is not remedied, the Agency revoked the certificate of eligibility issued food safety for facility and announced the Agency had the authority to recommend revoking the certificate of business registration of the facility.
c) certification eligible basis of food safety for manufacturing facilities, business products of agriculture and forestry aquatic products ranked category A or category B as defined in article 13a of this circular ".
2. Supplement Article 13a as follows: "article 13a. The sequences, procedures, recovery, re-issuance of certificates of eligibility basis of food safety in food production business of agriculture and forestry (hereinafter called the FOOD SAFETY certificate) 1. The Agency has issued certificates of FOOD SAFETY: the Agency was tasked to examine, evaluate, classify production base, the food business of agriculture and forestry fisheries under article 5 circular No. 14/2011/TT-BNNPTNT competent FOOD SAFETY certification.
2. FOOD SAFETY certificate in effect during 3 (three) years from the date of issue. Sample certificate of FOOD SAFETY regulations in annex 1 attached to this circular.
3. Application for certificate of FOOD SAFETY including: a) suggested Single FOOD SAFETY certification according to the model in Appendix 2 attached to this circular;
b) copy of business registration certificate or certificate manufacturing industry investments, food business or establishment;
c) A demonstration of physical facilities, equipment, tools for ensuring food safety conditions under Appendix 3 attached to this circular;
d) list owners and people directly in production, the food business was the Agency has the function of quality management, food safety agriculture and forestry aquatic products of agriculture and rural development, training in food safety knowledge of production facilities , business.
DD) list of the home base and the direct production of food business were health facilities at district level or higher level health enough confirmation;
e) FOOD SAFETY certificate (for the base case change, additional information on the FOOD SAFETY certificate).
4. The order and procedure for certification of FOOD SAFETY: a) the basis of filed 01 (a) the records suggest FOOD SAFETY certification for agency certification authority FOOD SAFETY rules in paragraph 1 to article 13a of this circular. Resumes can be submitted in one of the following forms: direct, sent via Fax, E-mail, electronic network (then send originals); send by mail;
b) within a period of 3 (three) working days from the date of the records suggest FOOD SAFETY certification of the facility, the Agency has issued certificates of FOOD SAFETY to consider the adequacy of records and notified in writing to the base if the record is incomplete;
c) within 15 (fifteen) working days from the date of receiving the application, the Agency has issued certificates of FOOD SAFETY implementation verification test records, reviews the classification unit had made, or organization to go fact check conditions ensuring food safety in production , food business (if needed or in case the base has not been checked, reviews the classification). If eligible, the FOOD SAFETY certification. Where does FOOD SAFETY certification must then respond in writing and stating the reason.
5. Revocation of a certificate of FOOD SAFETY: a) production base, the food business FOOD SAFETY certificate is revoked in the following cases:-the base test results periodically or irregularly being down class C but after 6 (six) months no remedy for types A or B;
Non-business activities for groups registered food sector;
-The basis of the decision of the competent State bodies about the conversion of business lines in the old facility;
-Base was stripped of the right to use a certificate of FOOD SAFETY under the provisions of the law on sanctioning administrative violations in the field of food safety.
b) competent to revoke a certificate of FOOD SAFETY: the Agency would have the authority to grant certificates of FOOD SAFETY, the agency that has the authority to revoke a certificate of FOOD SAFETY.
6. FOOD SAFETY certificate reissuance: a) Before 6 (six) months as of the date the certificate expired FOOD SAFETY, base reissuing suggested filing a certificate of FOOD SAFETY in the event of continued production.
Profile, sequence, procedure of reissuing a certificate of FOOD SAFETY in this case is similar to FOOD SAFETY certification provided for in paragraph 3, paragraph 4 to article 13a of this circular.
b) where FOOD SAFETY certificate still valid term but lost, corrupted, missing, or there is a change, additional information on the certificate of FOOD SAFETY, facilities must be writing grant proposals back to the FOOD SAFETY certificate according to annex 2 to send the competent authority certificate of FOOD SAFETY to be considered again.
During 5 (five) working days from receipt of grant proposal writing back the certificate of FOOD SAFETY of the facility, the Agency has issued certificates of FOOD SAFETY implementation assessment and review records, reissuing a certificate of FOOD SAFETY for the base. The term of a certificate of FOOD SAFETY for granted again coincides with the term of validity expired FOOD SAFETY certificate has been issued before. The case is not granted, the competent authorities certification FOOD SAFETY must have written notice and stating the reason.
7. FOOD SAFETY certificate has been issued for the production facilities, agricultural and aquaproduct business prior to the date of this circular in force shall continue to have value to the expiry of the validity of that certificate.
8. in the case of the regulation on the order and procedure for granting, revoking, grant back FOOD SAFETY certification for the food facility agriculture and forestry aquatic products have characteristics shall apply under separate regulations. "2. Modify, Supplement and replace a number of the form (to be attached to circular No. 14/2009/TT-BNNPTNT and circular No. 53/2010/TT-BNNPTNT on 2/8/2011 additional amendments to circular No. 14/2009/TT-BNNPTNT) test, reviews the classification conditions ensure safe food, quality production facilities business supplies for agriculture and fisheries agriculture and forestry products according to each industry group the provisions of Appendix 4 attached to this circular.
Article 3. Effect 1. This circular is effective as from 17 February 2013 2. The grant, revoke, replace the certificate of the eligible basis of food safety in the production, processing, processing vegetables, fruit; production and processing of tea: follow the provisions in circular No. 59/2012/TT-BNNPTNT on November 9th, 2012 of the Ministry of agriculture and rural development regulation on managing the production of vegetables, fruits and tea.
3. The granting, revocation, reissuing the certificate of the eligible basis of food safety in production, fisheries business: follow the provisions in circular No. 55/2011/TT-BNNPTNT January 3, 2011 by Ministry of agriculture and rural development regulation on inspection and quality certification food safety, fisheries.
 

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