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Circular 05/2009/tt-Bnnptnt: A Guide To The Inspection, Monitoring Of Food Hygiene And Safety Of Agricultural Products Placed On The Market Before

Original Language Title: Thông tư 05/2010/TT-BNNPTNT: Hướng dẫn việc kiểm tra, giám sát vệ sinh an toàn thực phẩm nông sản trước khi đưa ra thị trường

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CIRCULAR guide checking, monitoring of food hygiene and safety of agricultural products before making the market _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 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;

Pursuant to Decree No. 75/2009/ND-CP on 10/9/2009 by Government to modify article 3 of Decree 1/2008/ND-CP of March 1, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of agriculture and rural development;

Ordinance base food safety hygiene and Decree No. 163/2004/ND-CP dated 7 September 2004 from the Government detailing the implementation of a number of articles of the Ordinance on food hygiene and safety;

Pursuant to Decree No. 79/2008/ND-CP on July 18, 2008 by government regulations governing system, inspection and testing of food hygiene and safety; 

The Ministry of agriculture and rural development working instructions check, monitoring of food hygiene and safety of agricultural products before making the market as follows: chapter I GENERAL PROVISIONS article 1. Scope 1. This circular instructions the inspection, monitoring food safety hygiene for food agricultural products brought to market before consumption; the responsibility of the compliance, monitoring and the production of agricultural products and food business before making the market (hereinafter referred to as the base).

2. The content of the instructions in this circular does not regulate the content of the rules relating to animal quarantine; plant quarantine; check the certification process for the production of good agricultural practices.

Article 2. Application object 1. This circular applies to: a) The basis of the production of the food business of agricultural products derived from plants, including: agriculture base; preliminary basis; processing facilities; the basis of the preservation of finished products.

b) production base food business of agricultural products derived from animals, including: breeding; slaughter establishments; preliminary basis; processing facilities; the basis of the preservation of finished products.

2. This circular does not apply to the food production base of agricultural products are not intended to take the product off the market consumption.

Article 3. Explanation of terms In this circular, some words are interpreted as follows: 1. agricultural products: food is all the food products derived from plants, animals (except seafood) or food processing and distribution that the composition is primarily the product of plant or animal products, are used as human food.

2. agricultural food processing: food agricultural products were cut, trimmed, washed, packaged for products derived from plants; cut, mix, frozen, packaged for products derived from animals or other operation that affects the integrity of shape but do not alter the original properties of the product.

3. agricultural food processing: food and agricultural product has undergone any processing activity would alter the natural texture of the basic raw materials of agricultural products.

4. Maintenance: is the use of the medium, equipment or support agent suitable for limiting the change to the original quality condition of agricultural food products in a certain period of time.

5. The basis of agricultural food processing: is the site of one or more operations like cut, trimmed, washed, packaged for products derived from plants; cut, mix, frozen, packaged for products derived from animals or other operation that affects the integrity of shape but do not alter the original properties of the product.

6. The base agricultural products: food processing is one or more processing operations to alter the natural texture of the basic raw materials of agricultural products, then the product is ever complete package to take to market.

7. The basis of preserved products: is where the layout of equipment, specialized tools needed to preserve agricultural food products.

8. Check: is the assessment of the level of response of the production facilities, agricultural food business than technical regulation technical provisions on FOOD HYGIENE, according to the current rules. When necessary can take the form of industrial hygiene, samples of raw materials, semi-finished products, finished products to verify it.

9. Monitoring: is the assessment of the level of food safety and hygiene of the product as defined in the national technical regulation, the regulation on FOOD HYGIENE through the sampling analysis according to the approved plan (not including the sampling inspection to ensure FOOD HYGIENE conditions of the premises).

Article 4. The expense of deploying funds perform checks to ensure FOOD HYGIENE conditions in the production of agricultural products and food business, implement FOOD HYGIENE monitoring program for food agricultural products before making the market consumption due to State budget levels under current rules. The agencies according to the assigned responsibility to the construction plan, plan funding made annually, the approval authority.

Chapter II EXAMINATION PRODUCTION BASE AGRICULTURAL FOOD BUSINESS article 5. Grounds for test 1. Pursuant to the test conditions to ensure FOOD HYGIENE is the national technical regulation, the regulation on FOOD HYGIENE and agricultural products of the Ministry of agriculture and rural development and the provisions of relevant State respectively for each type of facility.

2. for the production of agricultural products and food business for export, in addition to complying with the contents specified in Clause 1 of this article is also based on international treaties to which Vietnam signed or joined, the bilateral agreement, the agreement or the regulations of the importing country.

Article 6. Principle of the test 1. Determining test mode applicable to establishments manufacturing food business of agricultural products based on: a) the history of compliance with the provisions guaranteeing FOOD HYGIENE of the premises;

b) risk level of FOOD HYGIENE of the product by the production facilities;

c) quality management system being applied at the facility.

2. The order of testing procedures, conditions ensuring the FSH production base food business of agricultural products due to the specialized administration assigned host (hereinafter referred to as specialized Management Bureau) construction must ensure: a) Based on the risk assessment for each type of production of agricultural products and food business.

b clear, transparent); to ensure effective, efficient but does not affect the business activities of the facility are examined.

3. Check the Member must truthfully, objectively, without direct or indirect relations of economic interests with the facility to be checked.

Article 7. Inspection Agency plant protection, animal health district in the Department of agriculture and rural development of the province, the city of centrally implemented check condition to ensure FOOD HYGIENE and manufacturing agricultural food business locally under direction, guidance and supervision of professional of professional, specialized Management Bureau under the assignment referred to in article 8 of this circular.

Article 8. The Agency is responsible for chairing the Guide and supervise the test conditions to ensure FOOD HYGIENE of local agency 1. Plant Protection Bureau: business Food Chain of agricultural products derived from plant cultivation, processing, processing, preserving, packaging until the product is taken out of circulation on the market.

2. Animal Health: food business Chain of agricultural products of animal origin (on land) from breeding, slaughter, processing, preserving, processing until the product put out of circulation on the market.

Article 9. The quality management Department of agriculture forestry and fisheries 1. The organization test has the option under the plan approved annual or unscheduled inspections according to assignment of Ministers about conditions to ensure FOOD HYGIENE with regard to production and business establishments food agricultural products on a national scope.

2. Hosted, in cooperation with the Department of management organization specialized in food cause retrieval of agricultural products does not ensure FOOD HYGIENE.

Chapter III HYGIENE MONITORING PROGRAM of FOOD SAFETY in AGRICULTURAL PRODUCTS article 10. The scope of monitoring FOOD HYGIENE monitoring program in agricultural products (hereinafter called the surveillance program) are deployed in the cultivation, breeding, slaughter, processing, packing, processing, food market of agricultural products due to the specialized Management Bureau under the Ministry of agriculture and rural development organizations make on nationwide.

Article 11. Base to base monitoring implementation of FOOD HYGIENE supervision of agricultural products is the national technical regulation, the regulation on FOOD HYGIENE and agricultural products of the Ministry of agriculture and rural development and the provisions of relevant State article 12. The Agency is responsible for monitoring organization 1. The Agency is responsible for the construction and launch of food monitoring program of agricultural products: a. plant protection Bureau: business Food Chain agricultural products of plant origin.

b. animal health: food business Chain of agricultural products of animal origin (on land).

2. Quality Management Bureau of agriculture and forestry production and fisheries: clue in the evaluation, general monitoring program of the Department of Management specialization process of The approval and monitoring of the implementation of the monitoring program.

Article 13. Construction monitoring program 1. The resulting base annual monitoring, on the basis of risk assessment and practical agricultural food production (can conduct surveys if required), the specialized administration building program monitoring under the management scope in article 12 of this circular and sent about quality management Bureau of agriculture and forestry production and fisheries before November 15 of each year.

2. Quality Management Bureau of agriculture and forestry production and fisheries organized content evaluation and estimation of expenditure monitoring program by the construction management Department, the Ministry of agriculture and rural development, review, approval.

Article 14. The monitoring program 1. The specialized Administration conducted surveillance program under the approval of the Ministry of agriculture and rural development.

2. Order, procedures, methods of sampling, preservation, delivery of samples to be taken under the guidance of the Bureau of management.

3. The form is sent to the laboratory in the analysis were the Ministry of agriculture and rural development.


4. In case of a need to adjust the monitoring program, the specialized Administration do send text quality management Bureau of agriculture and forestry production and fisheries to hold appraisal, the Ministry of agriculture and rural development approved.

5. Every year, or irregularly (when required), the specialized Management Bureau reported the results of monitoring quality management Bureau of agriculture and forestry production and fisheries to sum up The report.

Article 15. Remedy when detecting microbial contamination, or chemicals exceeded the maximum limit allowed for 1. In case of detecting microbial contamination, or chemicals exceeded the maximum limit allowed, the specialized Management Bureau sent warning text to production of agricultural products and food business has breached the base requirements, determine the cause and implement appropriate remedies , and send the notification to the Department of agriculture and rural development to coordinate local control.

2. When receiving text alerts, business facilities, food agricultural products have templates violate is conducting the investigation, determine the cause, implement remedy and the specialized Administration report, the Bureau of agriculture and forestry products quality management and fisheries, Department of agriculture and rural development.

3. In the event of re-offending: a. quality management Bureau of agriculture and forestry production and fisheries in cooperation with the Department of management organization specialized in food cause access of agricultural products to detect microbial contamination, or chemicals exceeded the maximum limit allowed.

b. professional administration enhanced monitoring samples in production facilities, agricultural food business has templates violate and process test results according to the rules.

Chapter IV IMPLEMENTATION article 16. The specialized Administration 1. According to assigned in chapter II of this circular, the construction, the Ministry of agriculture and rural development issued: a. The rules of order, procedure, check the contents to ensure FOOD HYGIENE conditions for the production of agricultural products and food business. Completed before 1/7/2010.

b. The national technical regulation on FOOD HYGIENE conditions for the production of agricultural products and food business.

2. Training Organization, training, professional guide service FSH test the base according to the assigned in chapter II of this circular for the inspection staff of the local inspection authority.

3. organizations implementing FOOD HYGIENE supervision of agricultural products according to the assignment referred to in article 12 of this circular.

4. Every year, or irregularly (when requested), delivered a report test results, monitoring of the quality management Department of agriculture forestry and fisheries for The report.

5. Cooperation with the Department of management of the quality of agricultural production and fisheries food cause retrieval of agricultural products does not ensure FOOD HYGIENE.

6. Every year, construction plans and cost estimates for the implementation of the test conditions to ensure FOOD HYGIENE and the production of agricultural products and food business in the scope of management, the Ministry of agriculture and rural development approved, the level of funding; construction planning and estimation of funding for the implementation of the FOOD HYGIENE monitoring program of agricultural products according to the assignment, posted on the Department of management of the quality of agricultural production and fisheries organized the appraisal, and the Ministry of agriculture and rural development approved, the level of funding.

Article 17. The quality management Department of agriculture forestry and fisheries 1. Organize the FOOD HYGIENE monitoring program of agricultural products due to the construction management Department, the Ministry of agriculture and rural development, approval and monitoring of the implementation of the activities related to the FOOD HYGIENE monitoring program of agricultural products. Synthesis report monitoring results to the Ministry of agriculture and rural development.

2. To coordinate the specialized management training organization, training, professional guide service to check conditions to ensure FOOD HYGIENE and the production of agricultural products and food business for local testing agencies.

3. Synthesis and announced the list of the assigned laboratory involved the analysis of agricultural product and FOOD HYGIENE norms.

4. Every year, construction plans and cost estimates for the implementation of the test conditions to ensure FOOD HYGIENE and the production of agricultural products and food business in the scope of management, the Ministry of agriculture and rural development approved, the level of funding.

Article 18. The Department of agriculture and rural development 1. Bureau plant protection, animal health conducted examination of production and business establishments produce food locally and participated in the monitoring program, access the cause of food agricultural products do not guarantee FOOD HYGIENE under the guidance of the Department of management disciplines.

2. Organization of the Guide, advocacy, training, HYGIENE assurance knowledge of agricultural products for the business and production facility in the range reassigned.

3. Every year, general planning and cost estimation for the performance check to ensure the HYGIENE conditions of production in the agricultural and food business scope, management of local authority approval, funding.

4. General, recommended the Ministry of agriculture and rural development modification, supplement the national technical regulation, rules on FOOD HYGIENE and agricultural products to suit the actual situation in the work of checking the condition of ensuring FOOD HYGIENE and agricultural products.

Article 19. Plant protection, animal health district in the Department of agriculture and rural development, the provinces and cities under central 1. Make checks to ensure FOOD HYGIENE conditions in the production of agricultural products and food business as assigned, decentralized and under the guidance of the Bureau of management 2. The archives has the entire system of records relevant to the activity check condition to ensure FOOD HYGIENE and manufacturing agricultural food business in minimum time 2 years; provides profile, full and accurate explanation of the issues relevant to the inspection for the superior management agency when requested.

3. Every year, the aggregate list of production facilities, agricultural and food business in the scope of management, test results and reports the Department of agriculture and rural development, the Bureau of management and quality management Department of agriculture forestry and fisheries.

4. Every year, construction plans and cost estimates for the implementation of the test conditions to ensure FOOD HYGIENE and the production of agricultural products and food business as assigned, hierarchy, the Department of agriculture and rural development review, synthesis and process approval authority.

Article 20. The basis of the production of agricultural products and food business 1. Maintain conditions to ensure FOOD HYGIENE regulations.

2. Observance of conditions of inspection activity ensuring FOOD HYGIENE inspection of agricultural products.

3. Perform the repair the error stated in the minutes of the test and the announcement of the test bodies.

4. Access causes food and agricultural product shipments being detected microbial contamination, or chemicals exceeded the maximum limit allowed; set the wrong remedy the error according to the instructions and report the Department of management, Department of management of the quality of agricultural production and fisheries, Department of agriculture and rural development.

Article 21. Specified laboratory analysis of FOOD HYGIENE standards of agricultural products 1. Comply with the regulations of the Ministry of agriculture and rural development for the laboratory.

2. Ensure accurate test results, and the announcement of results; responsible for the results of the analysis performed by the laboratory.

3. Be informed of results analysis of FOOD HYGIENE norms for the Agency to send the form.

Chapter V ENFORCEMENT PROVISIONS Article 22. Effective enforcement of this circular are enforceable after 45 days from the date of signing.

Article 23. Additional amendments In the implementation process, if there are difficulties and obstacles, which reports to the Ministry of agriculture and rural development to review, amend, Supplement.