Circular 74/2011/tt-Bnnptnt: Regulations On Traceability, Recovery And Handling Of Food Products Do Not Guarantee Safety

Original Language Title: Thông tư 74/2011/TT-BNNPTNT: Quy định về truy xuất nguồn gốc, thu hồi và xử lý thực phẩm nông lâm sản không bảo đảm an toàn

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Food Safety Law bases the number 55/2010/QH12 on 17/6/2010;

Pursuant to the law on quality of goods and products of 2007/QH12 on 21/11/2007;

Pursuant to 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;

The Ministry of agriculture and rural development regulation on traceability, recovery and handling of food products do not guarantee safety in the scope of management of the Ministry of agriculture and rural development as follows: chapter I GENERAL PROVISIONS article 1. Scope this circular regulating the traceability, recovery and handling of food products do not guarantee safety; the responsibilities of the organizations and individuals involved in the process of production of food products and related agencies.

Article 2. Application object 1. The basis of the production of the food business of origin: cultivation base plant; preliminary base attached to the basis of cultivation; the basis of collectors; preliminary basis (independent); preservation facility, transportation; processing facilities; business premises (including food); (hereinafter referred to as the base).

2. The basis of the production of the food business of origin of animals on land: the basis of livestock; slaughter establishments; preliminary basis; preservation facility, transportation; processing facilities; business premises (including food); (hereinafter referred to as the base).

3. This circular does not apply to: a) individual households producing food products in small scale to using spot and no consumption in the market;

b) establishments manufacturing products business but are not used as food;

Article 3. Explanation of terms In this circular, the terms below are interpreted as follows: 1. the food traceability: the ability to track, was a unit of the product through each stage of the process of production and business.

2. Product Recall: is the application of measures to put the product does not guarantee the quality, safe food production chain out of the food business.

3. principles of retrieving a previous step-a step: is the base to keep the information to ensure the ability to be the basis of business/production stages and production facilities/business the next production phase in the production process for a product to be traced.

4. Shipment of produce (fresh produce): is a weight determined was produced by the same process technology, the same production conditions and at the same time ongoing production.

5. Shipment received: a the amount of raw materials are a basis for the purchase, reception to the production.

6. delivery: shipment is a product of a basis was logistic.

Article 4. Principle of the test The traceability system test traceability system for food products is conducted simultaneously with operation check, evaluate manufacturing food products business according to the current rules of the Ministry of agriculture and rural development.

Article 5. Inspection bodies 1. Check compliance with regulations on traceability, recall and food processor does not guarantee the safety of the premises: a) the central level: is the General Department, the Bureau of management according to the assignment of the hierarchy, the Ministry of agriculture and rural development.

b) local level: is the specialized agencies by the Department of agriculture and rural development according to hierarchical assignment of the Ministry of agriculture and rural development.

2. check the implementation of traceability, recovery and handling of food products were warned the loss of food safety: a) quality management Bureau of agriculture and forestry production and fisheries, in cooperation with the relevant bodies to check the implementation of traceability, recovery and handling of food products were warned the loss of food safety information the country's imports, warning from the Agency checks referred to in point a of this paragraph 1 and from other sources of information.

b) quality management Bureau of agriculture and forestry production and fisheries or the Unit Department of agriculture and rural development Division, in cooperation with the relevant bodies to check the implementation of traceability, recovery and handling of food products were cautioned take food safety information warning of the test referred to in Point b of paragraph 1 This and other information from the sources of the local.

Chapter II the TRACEABILITY, RECOVERY and HANDLING of FOOD PRODUCTS DOES NOT ASSURE the article 6. Traceability principles 1. The facility must establish traceability system under the principle of one step before-a steps to ensure the ability to identify, search for a product at the stages determines the production process of the product.

2. Via the traceability system, the facility must give information to identify has been kept on the basis of the raw material supply and product reception facility during the production process of the base.

3. product after each stage must be tagged with or by an appropriate method for easy traceability.

Article 7. Traceability requirements 1. Traceability system of basis must be set up and made sure the requirements stated in Items 1, 2, 3 of the appendix attached to this circular.

2. Traceability for food products by establishments in the following cases: a) When monitoring inspection agency requirements;

b) When the base detected by the food production and business establishments do not guarantee safety.

Article 8. Recall of food products 1. The basis of the provisions of article 2 to this circular must set the recovery procedures ensure delivery shipment requirements outlined in section 4 Annex attached to this circular.

2. The forms of agricultural food and forestry recovery does not ensure safety: a) the voluntary recall because the basis of self-realization.

b) compulsory withdrawal at the request of the Agency.

3. The facility must make the recovery of food does not guarantee safety at the request of the Agency in the following cases: a) the expiry of food use which still circulate, sell on the market.

b) food is not consistent with the corresponding technical standards that affect the health of consumers.

c) food is a product of new technology has not yet been allowed to circulate.

d) food is damaged in the process of preservation, transportation, business and do not ensure the safety of products that affect the health of consumers.

e) food that has substance use or contain polluting agents exceeded the prescribed limit.

Article 9. Form processing in violation of food safety regulations 1. Bug fix: label applies to cases not yet labeling products according to the regulations.

2. switch the purpose of use: apply to the case of expired food, not consistent with the original use but not at risk of losing food safety.

3. Re: applying for importing food cases does not guarantee safety; food imports expires; the food has not been imported into Vietnam under current rules of the Ministry of agriculture and rural development.

4. Destruction: apply for food, rotten, thiu always; use of food additives or processing aid exceeds the limit allowed; foods that contain toxic substances or contaminated with the banned poison used, chemicals of unknown origin; food of unknown origin.

The destruction of food products does not guarantee safety as stipulated by the law and must be the Agency check on food safety, the local government check, confirm the results destroyed.

Article 10. Implementation of traceability, recovery and handling of products take food safety 1. When detecting food products, facility security organizations make traceability of food products safety as specified in section 3 of the appendix to this circular.

2. In the case of discovery or inspection agency received information warning of the importing countries and from other sources of information on food safety, inspection bodies according to the assigned in paragraph 2 article 5 this circular process information, inform the basis of traceability requirements , recovery and handling of food safety. Message text includes the following information: a) the base Name is responsible for traceability, recovery and handling of the product;

b) shipment identification information must implement traceability (type code shipment identifier;; volume; production; production facility name, business-if available);

c) reasons to implement traceability, recovery and disposal measures for recovery products (if any);

d) scope and timelines to implement traceability, product recovery and recovery product processing (if any);

e) the Agency is responsible for checking the traceability, recovery and handle food safely.

3. After receiving the written notice of the inspection agency, the facility must implement the traceability, recovery and disposal of products as specified in section 3, item 4.2 Appendix to this circular.

4. inspection bodies according to the assigned in paragraph 2 article 5 this circular inspect the implementation of traceability, recovery, product handling safety and support base when needed.

Chapter III IMPLEMENTATION article 11. The quality management Department of agriculture forestry and fisheries 1. Hosted, in cooperation with the relevant bodies to check the implementation of traceability, recovery and handling of food products were losing food safety alerts as defined in point a of Paragraph 2 article 5 this circular.

2. Annual or irregular, report results to check the implementation of the regulations on the system of traceability, recovery and handling of food products do not guarantee safety within the country; recommendations to the Ministry of agriculture and rural development, on the responsibilities of the specialized agency, proposed solutions, measures to ensure the safety of food products.

Article 12. The General Directorate, the specialized Agency


1. To check compliance with the provisions on traceability, recall and food processor does not guarantee safety for production and business establishments and food products in the range reassigned, decentralization of the Ministry of agriculture and rural development.

2. Cooperation with the Department of management of the quality products and aquatic products examined the implementation of traceability, recovery and handling of food products safety as defined in art. 2 article 5 this circular.

3. Annual or irregular (when requested), delivered a report on the results to check compliance with regulations on traceability, recovery and disposal of products does not guarantee the safety of the facilities in the scope of management of the Ministry of agriculture and rural development (through the quality management Department of agriculture forestry and fisheries).

Article 13. The Department of agriculture and rural development 1. Popular organizations, guide the implementation of this circular.

2. Assignment and direction to professional bodies perform inspection for compliance with regulations on traceability, recovery and handling of food products do not guarantee safety locally as prescribed in this circular.

3. Annually or when required, reports the Ministry of agriculture and rural development (through the quality management Department of agriculture forestry and fisheries) results implement the tasks assigned to this circular stated in local.

Article 14. Local inspection bodies 1. Perform checks for compliance with the provisions on traceability, recovery and handling of food products does not guarantee the safety of the local basis under direction, assigned by the Department of agriculture and rural development, and under the guidance of professional expertise the Directorate , The specialized Agency concerned.

2. Annually or when required, report the Department of agriculture and rural development; The General Department, the specialized Agency concerned according to the assignment of active test results traceability, recovery and handling of food products do not guarantee safety in local management scope.

3. Quality Management Bureau of agriculture forestry and fisheries or the Unit Department of agriculture and rural development, assigned to check the implementation of traceability, recovery and handling of food products takes food safety as defined in point b of Paragraph 2 article 5 this circular; direct recovery organizations, food processors and require organizations, individuals produce food business did not secure the payment of costs for the recovery of food processing in the case of food risks causing serious repercussions for public health or other emergency as required by the Agency.

Article 15. Production base of agriculture and forestry products 1. Implement the traceability, determine the cause, set the remedy, recovered and processed food products do not guarantee safety as prescribed in this circular and the provisions of relevant laws.

2. Disclosure of information about the product is recovered and responsible withdrawal, processed food products do not guarantee safety within do agency decisions.

3. check the operation and executive measures for the handling of compliance according to the provisions of this circular.

4. Assume all costs for the recovery of the agricultural and food processing, forestry products do not guarantee safety.

5. Make the content referred to in article 6, article 7; Article 8; Article 9; Article 10 this circular and reports the Agency check according to the assignment after the end of the traceability, recall, food processing products do not guarantee safety when required.

Chapter IV the TERMS OF IMPLEMENTATION of article 16. Effective enforcement of this circular are enforceable after 45 days from the date of signing.

Article 17. Additional amendments In the implementation process, if there are difficulties and obstacles, which reports to the Ministry of agriculture and rural development (through the quality management Department of agriculture forestry and fisheries) to review, amend, Supplement.