Hệ thống pháp luật

Ministry of Agriculture and Rural Development
-------

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
---------------

No. : 31/2015/TT-BNNPTNT

Hanoi, October 06, 2015

 

CIRCULAR

ON MONITORING OF TOXIC RESIDUES IN FARMED FISHERIES AND FISHERY PRODUCTS

MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to Law on Products and Goods Quality No. 05/2007/QH12 dated November 21, 2007;

Pursuant to the Law on Food Safety No. 55/2010/QH12 dated June 17, 2010;

Pursuant to Decree No. 132/2008/ND-CP dated December 31, 2008 by the Government elaborating a number of Articles of the Law on Products and Goods Quality;

Pursuant to Decree No. 38/2012/ND-CP dated April 25, 2012 of the Government elaborating a number of Articles of the Law on Food Safety;

Pursuant to Decree No. 199/2013/ND-CP dated November 26, 2013 of the Government administering functions, tasks, powers and organizational structures of the Ministry of Agriculture and Rural Development;

At the request of the Director General of the National Agro-forestry-fisheries Quality Assurance Department,

The Minister of Agriculture and Rural Development promulgates the Circular on monitoring of toxic residue in farmed fisheries and fishery products.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular regulates the contents, procedures for implementation of the program of monitoring toxic residue in farmed fisheries and fishery products used as food (hereinafter referred to as “residue monitor program”); the responsibilities and rights of agencies and relevant organizations and individuals.

Article 2. Regulated entities

This Circular applies to: aquaculture farms, fishery purchasing, treating, processing facilities (hereinafter referred to as “facilities”), inspecting authority, monitoring agency and examining facilities participating in the residue monitor program.

Article 3. Term interpretation

In this Decree, the terms below are construed as follows:

1. “Toxic residues” (hereinafter referred to as “residues”): are the remains of veterinary drugs, growth and breeding stimulants, farming evironment disinfectants, toxic chemical originating from food, farming environments and their transformed form existing in fisheries that can harm consumer health.

2. “Fishery product batch”: is a collection of individuals of the same farmed fishery collected at the same time in the same farming zone or fishery farms.

3. “Residues exceeding the maximum allowed limit” refers to the situations of discovering banned chemical or antibiotic residues or restricted chemicals or antibiotic residues exceeding the maximum allowed limit in farmed fishery and fishery product specimens.

Article 4. Principles, contents and basis for implementation of residue monitor program

1. Implementation principles of the residue monitor program:

The residue monitor program shall be implemented based on the following principles:

a) The monitored farmed fisheries are those yielding considerable commercial throughput, high economic value and suitability for the development orientation of national and local farmed fishery.

b) The monitored fishery farming area refers to some fishery farms facing equal pollution risks, determined according to administrative divisions and suitable with the local and national fishery farming plans.

2. Contents of the residue monitor program:

a) Develop and publicize the plan to implement the residue monitor program;

b) Implement the residue monitor program. To be specific: monitor the monthly fishery farming facts, adjust the monthly specimen collection plan (if any); collect specimens, test and inform the monthly monitor results; take actions against cases of residues exceeding the maximum allowed limit; rectify food security incidents;

c) Inspect the implementation of residue monitor program.

3. Basis for the implementation of residue monitor program:

 The basis for the deployment of residue monitor program includes regulations, national technical regulations regarding farmed fishery food security and regulations regarding use of chemicals, antibiotics, veterinary drugs and environmental disinfectants that are banned or restricted in fishery farming. With respect to fisheries farmed for export, apart from satisfying Vietnam’s regulations, must also satisfy the requirements regarding toxic residue monitor of the importing countries or according to international agreements in which Vietnam is a signatory or member.

Article 5. Inspecting authority, monitoring agency

1. The inspecting authority shall be the National Agro-forestry-fisheries Quality Assurance Department (including its affiliated entities) responsible for the compiling, informing plans and organizing, examining the implementation of residue monitor program.

2. The monitoring agency shall be the National Agro-forestry-fisheries Quality Assurance Division (or the specialized agencies assigned by the Department of Agriculture and Rural Development of provinces and central-affiliated cities with respect to provinces and cities where the National Agro-forestry-fisheries Quality Assurance Division is not founded) responsible for the local plan development, implementation of the residue monitor program.

Article 6. Requirements of organizations and individuals participating in residue monitor program

1. The officials collecting specimens, examing, inspecting in the residue monitor program must be professionally trained regarding specimen collection, implementation of aquatic food security monitoring program.

2. The specimen collector must be well-equipped with necessary tools and equipments suitable for the specimen collection and preservation according to the configuration and implementation manual of the residue monitor program issued by the National Agro-forestry-fisheries Quality Assurance Department.

3. The examining facilities participating in the residue monitor program (hereinafter referred to as “examining facilities") must satisfy the following requirements:

a) Assigned by the competent agencies as specified in Circular No. 16/2011/TT-BNNPTNT dated Aprip 01, 2011 of the Ministry of Agriculture and Rural Development on assessment, assignment and management of agriculture and rural development laboratories and Joint Circular No. 20/2013/TTLT-BYT-BCT-BNNPTNT dated August 01, 2013 of the Ministry of Health, Ministry of Industry and Trade and Ministry of Agriculture and Rural Development on requirements and procedures for assignment of food examining facitlities serving State management;

b) Satisfy requirements relating the reference standards methods corresponding with each monitor category (if any) in the residue monitor program.

Article 7. Residue monitor program implementation expenditure

The expenditure on examination, monitor of the inspecting authority, monitoring agency shall comply with the current decentralized State budget. The estimates making shall comply with regulations specified in the Law on state budget and guiding documents.

Chapter II

RESIDUE MONITOR PROGRAM IMPLEMENTATION

Article 8. Development and information about implementation plan of residue monitor program

1. Inspect, collect information, survey the fishery farming facts:

After the final yield of each year, the monitoring agency shall take charge of organizing inspection, information collection and survey following the steps below:

a) Collect, compile information regarding fishery farming facts within their provinces;

b) Set up groups to conduct field survey in areas lacking necessary information.

2. Determine the fisheries and areas that need to be monitored:

a) Conditions determining whether a fishery species must be monitored by the residue monitor program include: information on commercial throughput , economic value and development orientation of that species in the following years;

b) An fishery farming zone will be monitored in the residue monitor program if the fishery farms within it use a shared water supply facing the same potential pollution risks (heavy metal, agrochemical, etc.); are located on the same district; conform to the fishery farming plans of the province and the Ministry of Agriculture and Rural Development; The monitoring agency must ensure adequate resources and feasibility of the local residue monitor program implementation;

c) The code for fishery farming zones are specified in the Appendix I issued together with this Circular;

d) The monitored fishery farming zones must be mapped and described in details according to the configuration and implementation manual of the residue monitor program issued and updated provided amendments by the National Agro-forestry-fisheries Quality Assurance Department.

3. Before December 10 each year, the monitoring agency must develop next year plan for their provinces and report to the inspecting authority (including the propositions about addition of new farming fisheries and areas to the residue monitor program if any) following the form specified in Appendix I issued together with this Circular. If necessary, the inspecting authority may set up field inspectorate to inspect information of the plan reported by the monitoring agency.

4. Before December 31 each year, the inspecting authority must compile and report the next year implementation plans in the country to the monitoring agency and other relevant agencies to implement according to the Appendix III issued together with this Circular.

Article 9. Residue monitor program implementation

1. Monitor the fishery farming facts:

Before the 22nd of each month, the monitoring agency must send to the inspecting authority a monitor report on fishery farming facts in farming zones in the residue monitor program and propose next month plan for specimen collection (if any) following the form specified in the Appendix IV issued together witht this Circular.

2. Adjust the monthly specimen collection plan:

Before the 26th of each month, based on the monitor report on fishery farming facts provided by the monitoring agency, the inspecting authority shall adjust the plan for specimen collection (if any) and inform the monitoring agencies for implementation. If necessary, the monitoring agency shall decide to inspect and request the inspecting authority to provide explanations for inappropriate contents before adjusting the monthly specimen collection plan.

3. The procedures for specimen collection, specimen preservation, transfer, receipt and examination criteria assignment:

a) Based on the monthly specimen collection plan, the montioring agency shall issue the decision to collect the specimens, in which should include the monitored farming zones, the fisheries, names of facilities collected for specimens, number of specimens, examination criteria, time of specimen collection and the officals assigned to collect the specimens;

b) The officials assigned to collect the specimens must comply with the decision to collect the specimens, complete the specimen collection form for each type of fishery respectively following the form specified in the Appendix V issued together with this Circular and proceed to code the specimens. The specimen collection form shall be made into 02 (two) copies, 01 (one) shall be archived at the facility where the specimens are collected, 01 (one) copy shall be archived at the monitoring agency;

c) The fishery specimens must be sealed, applied with distinguishable signs and properly preserved;

d) Within 03 (three) working days from the date on which the specimens are received, the monitoring agency must send the specimens to the appointed examining facilities;

dd) The technical requirements regarding specimen collection, preservation, transfer, receipt and assignment of examination criteria shall follow the configuration and implementation manual of the residue monitor program issued and updated provided amendments by the National Agro-forestry-fisheries Quality Assurance Department.

4. Examination and report on monitor results:

a) Within 05 (five) working days from the date on which the specimens are received, the examining facilities must examine the specimens and send the results to the inspecting authority;

b) Within 05 (five) working days from the date on which the examination results are completed, the inspecting authority must send the report on monthly monitor results to the monitoring agencies and relevant organizations, individuals;

c) With respect to cases of residues exceeding the maximum allowed limit in particular, comply with provisions specified in Chapter III of this Circular.

Chapter III

ACTIONS UPON DISCOVERY OF RESIDUE EXCEEDING MAXIMUM ALLOWED LIMIT

Article 10. Examination results notification

Within 01 (one) working day from the date on which official examination results are found to be exceeding the maximum allowed limit (including confirmation examination results with respect to specimens proved to be positive by the filter method), the examining facilities must notify the examination results to the inspecting authority.

Article 11. Warning of residue exceeding maximum allowed limit

Within 01 (one) working day from the date on which the examination results regarding the residue exceeding the maximum allowed limit are received, the inspecting authority must issue a warning following the form specified in the Appendix IV issued together with this Circular to the monitoring agency.

Article 12. Request for cause investigation and accident rectification

Within 01 (one) working day from the date on which the warning issued by the inspecting authority is received, the monitoring agency must:

1. With respect to specimens that are farming aquatic fishery not reaching the commercial product size: the monitoring agency must issue a document to warn and request the facilities to identify the cause and perform appropriate corrective measures; collect fishery specimens for reinforced monitor. The time for reinforced specimen collection depends on the withdrawal rate of the detected chemicals and the adequate amount of specimens to examine the detected chemicals.

2. With respect to violated specimens that are farming fisheries reaching commercial size:

a) The monitoring agency shall issue a document to suspend the harvest and request the facility to identify the cause and rectify accordingly; request and monitor the facility farming until the end of the withdrawal period; collect farming specimens for reinforced monitor and ensure adequate specimen amount for examination of detected chemicals. If the results of the reinforced specimen examination are qualified, the monitoring agency shall issue a document to allow the facility to harvest.

b) With respect to aquatic fisheries containing chemicals with slow withdrawal rate: the monitoring agency shall only allow harvest for food processing provided specific demands of the consumption market are met or shift in use purpose.

c) If the facility has harvested before the warning: the monitoring agency shall issue a document to warn and request the facility to identify the cause and rectify accordingly; while track and recall the violated farmed aquatic product batches; collect examination specimens for appraisal and only allow distribution provided qualified examination results.

3. With respect to violated specimens collected at the farmed fishery purchasing, treating, processing facilities: the monitoring facility, the inspecting authority shall issue warnings, request the facility to trace the origins, identify the cause and rectify accordingly within their competence; request the facility to recall the distributed aquatic product batch (if necessary) or request the facility to quarantine the aquatic product batch storing on the premises and collect examination specimens for appraisal:

a) If the results are qualified, allow distribution.

b) If the results are unqualified, only allow to be made into food provided specific demands of the consumption market are met or shift in use purpose.

Article 13. Appraisal of facility rectification report

After receiving the rectification report produced by the facility, the monitoring agency shall:

1. Take charge and cooperate with relevant units affiliated to the Department of Agriculture and Rural Development to appraise the origin tracking, cause identification and results of rectifying measures adopted by the facilities; if necessary, trace from the fishery farms to the facilities that manufacture and consume the products found to be violated (if any) to recall and handle unsafe products.

2. Perform specimen collection to farmed fisheries for reinforced monitor with respect to facilities whose residues deteced to be exceeding the maximum allowed value.

3. If the results of the reinforced specimen collections continue to reveal violated specimens, the monitoring facility shall inform on paper to the facilities assigned to perform specialized inspection on aquatic food security quality control for consideration, inspection (if necessary) and actions as per law.

4. If discover aquaculture feeds, environmental remediation and treatment products in aquaculture, aquaculture veterinary drugs containing banned chemicals or violations relating license registration, the monitoring agency shall prepare dossiers and inform the managing bodies in connection with the violated products in respective areas; while report to the inspecting authority to inform the Directorate of Fisheries, Department of Fishery Health for actions as per law.

Chapter IV

APPRAISAL OF RESIDUE MONITOR PROGRAM IMPLEMENTATION

Article 14. Appraisal organization of residue monitor program implementation

1. Appraisal contents:

a) With respect to the monitoring agency: the monitor, collection of information regarding farming, annual development of monitor plan facts; specimen collection; aquaculture monitor; the warning and actions upon discovering residue exceeding the maximum allowed limit of the monitoring agency;

b) With respect to the examining facility: the specimen receipt examination and notification of examination results in the residue monitor program.

2. Arraisal frequency:

a) With respect to the monitoring agency: periodically 01 (once) / 01 (one) year (or irregularly if necessary);

b) With respect to the examining facility: coordinate with the examining facility inspection and monitor specified in Circular No. 16/2011/TT-BNNPTNT dated April 01, 2011 and Circular No. 20/2013/TTLT-BYT-BCT-BNNPTNT dated August 01, 2013 (or irregularly if necessary).

Article 15. Handling results of appraising residue monitor program implementation

1. With respect to the monitoring agency: the inspecting authority shall issue documents request the Department of Agriculture and Rural Development of provinces and cities to perform appropriate rectifying measures if the monitoring agencies are found to violate any of the followings:

a) The location for specimen collection is not appropriate, not consistent with the specimen collection form;

b) Fail to fully collect specimens for 02 (two) consecutive months without valid reasons;

c) Fail to monitor, provide monthly information regarding the aquaculture facts according to actual situations;

d) Fail to fully comply with the procedures and measures upon detecting the residue exceeding the maximum allowed limit specified in Article 12 and Article 13 of this Circular;

dd) Fail to comply with requirements or technical instruction given by the inspecting authority within the range of the residue monitor program;

e) Fail to report on the implementation results of the residue monitor program and develop annual monitor plan as specifiedin this Circular without valid reasons.

2. If the monitoring agency repeats any of the violations specified above in the next appraisal, the inspecting authority shall issue a document to the Department of Agriculture and Rural Development of the corresponding province or city to request suspension to the residue monitor program of the respective monitoring agency and rectify accordingly.

During the suspension from the residue monitor program for rectification and corrective measures of the monitoring agency, the inspecting authority shall directly take over the residue monitor program in the respective province or city until there is ground for rectification made by the monitoring agency.

3. With respect to the examining facility: the inspecting authority shall request the examining facility to rectify and consider the suspension from the residue monitor program of the violated examining facility if necessary

4. Within 15 (fifteen) working days from the date on which the rectification report made by the Department of Agriculture and Rural Development or the examining facility is received, the inspecting authority shall perform report appraisal (including practical appraisal if necessary). Within 05 (five) working days after the appraisal, the inspecting authority shall permit the continuation of the residue monitor program or continue to suspend the implementation of the residue monitor program (state the reasons of inappropriateness) but no longer than 20 (twenty) working days from the date on which the report is received.  

Chapter V

RESPONSIBILITIES AND POWERS OF AGENCIES, ORGANIZATIONS AND INDIVIDUALS RELATING RESIDUE MONITOR PROGRAM

Article 16. National Agro-forestry-fisheries Quality Assurance Department

1. Compiles the annual implementation plan for national the residue monitor program, requests the Ministry of Agriculture and Rural Development to approve and implements according to the plan approved as specified in this Circular.

2. Annually updates and publicizes the monitored range and aquaculture fisheries in the residue monitor program on website of the Department and inform the monitoring agencies.

3. Develops and issues the configuration and implementation manual of the residue monitor program.

4. Updates and publicizes the list of examining criteria, methods and the maximum allowed limit in the residue monitor program within their competence based on the regulations of Vietnam, importing countries and international organizations.

5. Trains and provides professional instructions on the implementation of the residue monitor program for agencies and organizations participating in the residue monitor program.

6. Compiles and publicizes the list of assigned examining facilities considered as eligible for the residue monitor program participation.

7. Periodically and irregularly reports at the request of the Ministry of Agriculture and Rural Development on the implementation results; proposes and suggests necessary corrective measures or contents that need to be amended or added in the residue monitor program.

8. Manages, uses and allocates the approved funding to the relevant agencies for the residue monitor program implementation according to current regulations of the Ministry of Finance.

9. Publicizes on the website of the Department and mass media regarding the list of facilities found to be containing specimens with residue exceeding the maximum allowed limit as per law.

10. Takes charge of appraising the implementation of the residue monitor program of relevant agencies, organizations and handling or requesting competent agencies to handle violations as per law.

11. Takes charge of working with the inspectorates of the competent authorities in importing countries; reporting and providing information upon request of the competent authorities in importing countries; negotiating and signing cooperative documents with the competent authorities in importing countries relating the residue monitor program.

Article 17. Directorate of Fisheries

Directs and organizes the adoption of corrective measures provided the aquaculture feeds, aquaculture environmental remediate and treatment chemicals are found containing banned chemicals or not listed in the list of chemical licensed for distribution in Vietnam and other violations according to information provided by the inspecting authority, monitoring agency.

Article 18. Department of Fishery Health

Directs and organizes the adoption of corrective measures provided the aquaculture veterinary drugs, chemicals used in aquatic veterinary are found containing banned chemicals or not listed in the list of chemical licensed for distribution in Vietnam and other violations according to information provided by the inspecting authority, monitoring agency.

Article 19. Department of Agriculture and Rural Development

1. Appoints and directs the monitoring agency to take charge and organize the implementation of the residue monitor program within their provinces.

2. Directs the publicizing and instructing facilities under their management to comply with regulations relating the residue monitor program.

3. Directs the affiliated agencies to cooperate with the local monitoring agencies to appraise the tracing of origin and rectifying results of the facilities whose specimens are found to be containing residues exceeding the maximum allowed limitl if necessary, traces from the product providers to the manufactures and consumers, detects any violations (if any) to recall and handle unsafe products.

4. Directs the agencies assigned to perform specialized inspection on local aquacultural food security quality control to consider and handle cases of reinforced monitor results revealing the aquatic fisheries containing residues exceeding the maximum allowed limit.

5. Directs the local bodies managing agricultural materials and agro-forestry-fisheries products to consider and handles cases of discovering aquaculture feeds, aquaculture environmental and remediation chemicals, aquatic veterinary drugs containing banned chemicals or violations regarding license registration regulations.

6. Examines and inspects the implementation of the local residue monitor program.

7. Periodically or irregularly reports upon request of the Ministry of Agriculture and Rural Development on the residue monitor within their provinces.

Article 20. Monitoring agency

1. Takes charge of developing the annual specimen collection plan, reports to the National Agro-forestry-fisheries Quality Assurance Department and implements according to the approved plan in their provinces or cities as specified in this Circular.

2. Publicizes, instructs the aquaculture sale and manufacturing facilities to comply with the regulations in this Circular and other regulations, standards, regulations relating chemical residues and antibiotics in aquaculture products.

3. Updates and informs the aquaculture sale and manufacturing facilities about the monitored range and aquaculture fisheries in the annual residue monitor program within their provinces.

4. Systematically archives all of the files and data relating the residue monitor program; fully and precisely provides documents and provides explanation about issues relating the implementation of the residue monitor program upon request of the Department of Agriculture and Rural Development or the Agro-forestr—fisheries Quality Assurance Department.

5. Requests the aquaculture farms, farmed aquaculture fisheries purchasing, treating, processing facilities to comply with the specimen collection; provides relevant information; takes corrective measures in the residue monitor program.

6. Cooperates on organization and participates in training, professional instruction on aquacultural food security monitor courses offered by the National Agro-forestry-fisheries Quality Assurance Department.

7. Manages and uses the expenditure annually allocated according to plan in the annual residue monitor program in compliance with regulations of the Ministry of Finance and Ministry of Agriculture and Rural Development.

8. Provides information about the specimens found to be containing residues exceeding maximum allowed limit according to regulations of the Ministry of Agriculture and Rural Development, or People’s Committees of provinces or cities and authorization.

9. Publicizes the list of facilities found to be containing specimens with residues exceeding the maximum allowed limit in the provinces or cities as per law.

Article 21. Examining facility

1. An examining facility shall have the responsibilities to:

a) comply with the examining procredures, ensure capacity of the examining equipments, secure examining information and results as per law;

b) ensure the precision, objectivity, integrity of the examination results; utilize the reference standards corresponding to each monitor category (if any) in the residue monitor program;

c) report the examination results to the inspecting authority only and must do so within the time limit;

d) be responsible for the examination results;

dd) participate in proficiency testing schemes at the request of the Ministry of Agriculture and Rural Development;

e) archive files and documents relating the examination as per law and present upon request of the competent authority.

2. An examining facility shall have the powers to:

a) reject specimens failing to meet the technical requirements as per law. reject carrying out examinations with respect to specimens and categories outside their competence;

b) be provided with information and trained to improve the examining capacity;

c) collect examination fees and charges as per law.

Article 22. Fishery farm

1. Only uses aquaculture feeds, aquacultural veterinary drugs, aquaculture environmental remediation and treatment chemicals that are specified in the list of licensed for distribution. if uses the aquaculture feeds, aquacultural veterinary drugs, aquaculture environmental remediation and treatment chemicals that are specified in the list of licensed for distribution, the facility must stop using the mentioned chemicals before harvest according to instructions of their manufacturers.

2. Monitors, stores completely and provides the monitoring agency with information regarding types of aquaculture fisheries, methods and areas, farming throughput, harvest time, stud, feeds, veterinary drugs, biological preparations, aquaculture environmental remediation and treatment chemicals that have been used (if any) and other information relating the aquaculture process upon request.

3. Identifies the cause, takes appropriate corrective measures; comply with specimen collection and monitor, corrective measures of the monitoring agency when the examination results reveal the specimens to be exceeding the maximum allowed limit.

4. Compiles and archives fully the dossiers relating the origin tracing of aquatic products batches that are harvested according to regulations of the Ministry of Agriculture and Rural Development and provides information to the buyers and authorities upon request.

5. Participates in courses providing training and knowledge regarding aquaculture food security organized by the authorities.

6. Provided with examination results of specimens collected at their facilities upon request.

7. Store the specimen collection form, the examination results; cause identification dossier; corrective measure dossiers and other relevant files at the facilities in at lease 02 (two) years and provide the authorities upon request.

Article 23. Reared fishery purchasing, treating and processing facility

1. Regularly update the residue monitor result posted on the website of the National Agro-forestry-fisheries Quality Assurance Department and relevant notifications made by the inspecting authority, monitoring agency and relevant agencies.

2. Rejects reared fishery products harvested from farming zones or facilities that are suspended from harvest or having unknow origins; compiles and archives fully the dossiers relating origin tracing of fishery products of each reared fishery product batch according to regulations of the Ministry of Agriculture and Rural Development.

3. Identifies the cause, takes appropriate corrective measures; comply with specimen collection and monitor, corrective measures of the inspecting authority or the monitoring agency when the examination results reveal the specimens to be exceeding the maximum allowed limit.

4. Actively provides the inspecting authority or the monitoring agency with the self-examination results relating the toxic residues in the reared fisheries of the facility and information relating the fishery rearing facts in the fishery purchasing facilities or areas (if any) and upon request.

5. Participates in courses organized by the authorities providing training and knowledge about food security in manufacture and trade of fishery;

6. Provided with examination results of specimens collected at their facilities upon request.

7. Store the specimen collection form, the examination results, cause identification dossier, corrective measure dossiers and other files relating the control of toxic residues in the fish at the facilities in at lease 02 (two) years.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 24. Entry into force

1. This Circular comes into force from November 19, 2015.

2. This Circular supersedes Decision No. 130/2008/QD-BNN dated December 31, 2008 of The Minister of Agriculture and Rural Development on methods of controlling toxic residue in bred aquacultural fisheries and fishery products.

Article 25. Circular amendments

The National Agro-forestry-fisheries Quality Assurance shall have the responsibilities to consolidate any difficulties that may arise in the implementation of this Circular and report to the Ministry of Agriculture and Rural Development for appropriate amendments./.

 

 

MINISTER




Cao Duc Phat

 

APPENDIX II CODES OF FARMING ZONES

(Issued together with Circular No. 31/2015/TT-BNNPTNT dated October 06, 2015 of the Minister of Agriculture and Rural Development)

Each farming zone shall be coded based on the following method: XX/yy, in which:

- XX: Refers to the code of provinces, cities (according to codes of administrative units of Vietnam) specified in the table below;

- yy: Refers to the number of the farming zones in their respective provinces/cities.

TABLE: List and codes of provinces and cities

No.

Administrative units

Code

No.

Administrative units

Code

1

Hanoi City

01

33

Quang Nam Province

49

2

Ha Giang Province

02

34

Quang Ngai Province

51

3

Cao Bang Province

04

35

Binh Dinh Province

52

4

Bac Kan Province

06

36

Phu Yen Province

54

5

Tuyen Quang Province

08

37

Khanh Hoa Province

56

6

Lao Cai Province

10

38

Ninh Thuan Province

58

7

Dien Bien Province

11

39

Binh Thuan Province

60

8

Lai Chau Province

12

40

Kon Tum Province

62

9

Son La Province

14

41

Gia Lai Province

64

10

Yen Bai Province

15

42

Dak Lak Province

66

11

Hoa Binh Province

17

43

Dak Nong Province

67

12

Thai Nguyen Province

19

44

Lam Dong Province

68

13

Lang Son Province

20

45

Binh Phuoc Province

70

14

Quang Ninh Province

22

46

Tay Ninh Province

72

15

Bac Giang Province

24

47

Binh Duong Province

74

16

Phu Tho Province

25

48

Dong Nai Province

75

17

Vinh Phuc Province

26

49

Ba Ria – Vung Tau Province

77

18

Bac Ninh Province

27

50

Ho Chi Minh City

79

19

Hai Duong Province

30

51

Long An Province

80

20

Hai Phong City

31

52

Tien Giang Province

82

21

Hung Yen Province

33

53

Ben Tre Province

83

22

Thai Binh Province

34

54

Tra Vinh Province

84

23

Ha Nam Province

35

55

Vinh Long Province

86

24

Nam Dinh Province

36

56

Dong Thap Province

87

25

Ninh Binh Province

37

57

An Giang Province

89

26

Thanh Hoa Province

38

58

Kien Giang Province

91

27

Nghe An Province

40

59

Can Tho City

92

28

Ha Tinh Province

42

60

Hau Giang Province

93

29

Quang Binh Province

44

61

Soc Trang Province

94

30

Quang Tri Province

45

62

Bac Lieu Province

95

31

Thua Thien Hue Province

46

63

Ca Mau Province

96

32

Da Nang City

48

 

 

 

 

Appendix I. CONSOLIDATED FISHERY FACTS AND ANNUAL PLAN PROPOSITIONS

(Issued together with Circular No. 31/2015/TT-BNNPTNT dated October 06, 2015 of the Minister of Agriculture and Rural Development)

DEPARTMENT OF AGRICULTURE
AND RURAL DEVELOPMENT OF
…………………. PROVINCE/CITY
……..(NAME OF MONITORING AGENCY)…….
--------

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
----------------

 

CONSOLIDATED FISHERY REARING FACTS OF ……………………….. PROVINCE/CITY
AND SPECIMEN COLLECTION PLAN OF ……………. (YEAR)

I. CONSOLIDATED FISHERY FACTS:

Name/Code of farming zone (if any)

Name of farming zone

Type of fishery

(including scientifc names)

Farm area

(ha)

 Rearing throughput (tonne)

Farm duration

(from stocking to harvest)

(month)

Harvest time

(month)

Note

Rearing without feeding and disease prevention

 Rearing with feeding and disease prevention

Year of……. (actual)

Year of……. (estimated)

Year of……. (actual)

Year of……. (estimated)

Year of……. (actual)

Year of……. (estimated)

1

2

3

4

5

6

7

8

9

10

11

12

 

 

Giant tiger prawn/pen

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Total

 

 

 

 

 

 

 

 

 

 

 

 

Giant tiger prawns

 

 

 

 

 

 

 

 

 

 

 

Whiteleg shrimp

 

 

 

 

 

 

 

 

 

 

 

Tilapias

 

 

 

 

 

 

 

 

 

 

 

……

 

 

 

 

 

 

 

 

 

(Note: Contents displayed on the table are for illustrative purposes only)

Note:

- The columns (10) and (11) needs to be specified the farm duration and harvest time respectively (determined according to the months of a year)

- The results in columns (4) and (6): if there are significant deviations from the plan, specify the reasons.

II. Specimen collection plan:

Farming zone code

Subject collected for specimens

Fishery throughput (tonne)

Estimated the month and amount of specimens to collect

Estimated the group of categories assigned for examination

Fed and disease prevented

Not fed or disease prevented

1

2

3

4

5

6

7

8

9

10

11

12

S

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

36/01

Giant tiger prawns

300

 

 

 

 

 

 

2

1

 

 

 

 

 

3

June: 1 specimen examined for B3a group; 1 specimen examine for B3c group.

July: 1 specimen examined for B3a group

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

36/02

Whiteleg shrimp

1500

 

 

 

 

 

1

2

4

4

4

 

 

 

15

May: 1 (A6)

June: 1 (B2a); 1 ( Sulf,)

July: 1 (B3a); 1 (Trime), 1 (Qui,), 1 (A6);

August: 1 (Qui), 1 (Sulf), 1 (B3d); 1 ( B3e);

September 9: 1 (B3a), 1 (B3d); 1 ( B3c); 1 ( A6);

….

…..

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Total

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Giant tiger prawns

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Whiteleg shrimps

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Tilapias

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

…..

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Note: Contents displayed on the table are for illustrative purposes only)

Note:

- Columns (4) – (16): specify the amount of specimens collected in each farming zone in each month

- Column (17): Specify the group of category assigned to be examine for each specimen/month

- Abbreviations: Tetra. : Tetracycline group; Sulfo: Sulfonamides group; Quino. : Quinolones group

- Based on information collected from the farming zone survey (particularly the use of chemicals, veterinary drugs in fishery), select the examination categories from the group of category mentioned above.

 

 

..........(Location and date)
Head of unit
(Signature and stamp)

 

APPENDIX III. CONSOLIDATED PLAN FOR ANNUAL IMPLEMENTATION OF RESIDUE MONITOR PROGRAM

(Issued together with Circular No. 31/2015/TT-BNNPTNT dated October 06, 2015 of the Minister of Agriculture and Rural Development)

Minis Ministry of Agriculture and Rural Development
… (Name of inspecting authority)…
--------

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
---------------

 

Hanoi, ………………………..(date)

 

CONSOLIDATED PLAN FOR IMPLEMENTATION OF RESIDUE MONITOR PROGRAM IN ………………..

I. Monitored range and fisheries:

Area

Provinces having farming zones participating in the program

Number of farming zones

Type of monitored fisheries

North

Quang Ninh, Hai Phong, Thai Binh, etc.

Giant tiger prawns (Penaeus monodon), whiteleg shrimps (Penaeus vannamei), tilapias (Oreochromis spp), etc.

Middle

Quang Binh, Quang Tri, Thua Thien Hue, etc.

Giant tiger prawns (Penaeus monodon), whiteleg shrimps (Penaeus vannamei), etc.

South

Ben Tre, Tien Giang, Long An, Ho Chi Minh City, etc.

Whiteleg shrimps (Penaeus vannamei), pangasius fish (Pangasius hypophthalmus), tilapias (Oreochromis spp), etc.

Total

…………Province, City

(Note: Contents displayed on the table are for illustrative purposes only)

II. Analyzing categories, groups of categories

No.

Types of specimen

Analyzing categories, groups of categories

1

Fishery specimens not fed nor prevented from diseases

- B3a group: Organic Chlorine-based pesticides (Lindan, HCB, Heptachlor, Aldrin, Dieldrin, Endrin, DDT, Chlordane, Dioxin, PCBs, PAHs).

- B3a group: Pb, Hg, Cd

2

Fishery specimens fed and prevented from disease

- A6 group: Chloramphenicol, Nitroimidazoles group (HMMNI, IPZ, IPZ-OH, MNZ, MNZ-OH, RNZ, DMZ) and derivatives of Nitrofurans (AOZ; AMOZ; AHD;  SEM).

- B1 group: Tetracycline group (Oxytetracycline, Tetracycline, Doxycycline), Sulfonamides group, Quinolones group, Trimethoprim, Florfenicol, Neomycin.

- B2a group: Ivermectin, Praziquantel, Trichlorfon and Trifluralin.

- B3a group: Organic Chlorine-based pesticides (Lindan, HCB, Heptachlor, Aldrin, Dieldrin, Endrin, DDT, Chlordane).

- B3c group: Pb, Hg, Cd

- B3e group: Malachite Green/Leuco Malachite Green.

(Note: The categories, groups of categories displayed on the table are for illustrative purposes only)


No.

Monitored fishery

Commercial fishery throughput (tonne)

Number of collected specimens

Number of examination occurrences for each group of categories

Fed and disease prevented

Not fed or disease prevented

A1

A3

A6

B1

B2a

B3a

B3c

B3d

B3e

CAP

NF.

Tetra.

Sulfo.

Qui.

Flo.

Trime.

Neo.

1

Giant tiger prawns

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2

Whiteleg shrimps

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3

Giant river prawns

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

4

Pangasius fish

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

5

Tilapias

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

6

Crabs

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Total

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 (Note: Contents displayed on the table are for illustrative purposes only)

 

IV. SPECIMEN COLLECTION PLAN FOR EACH FARMING ZONE:

Farming zone code

Subject collected for specimens

Fishery throughput (tonne)

Estimated the month and amount of specimens to collect

Estimated the group of categories assigned for examination

Fed and disease prevented

Not fed or disease prevented

1

2

3

4

5

6

7

8

9

10

11

12

S

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(14)

(15)

(16)

(17)

36/01

Giant tiger prawns

300

 

 

 

 

 

 

2

1

 

 

 

 

 

3

June: 1 specimen examined for B3a group; 1 specimen examine for B3c group.

July: 1 specimen examined for B3c group;

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

6/02

Whiteleg shrimps

1500

 

 

 

 

 

1

2

4

4

4

 

 

 

15

May: 1 (A6);

June: 1 (B2a); 1 ( Sulf,)

July: 1 (B3a); 1 (Trime), 1 (Qui,), 1 (A6);

August: 1 (Qui), 1 (Sulf), 1 (B3d); 1 ( B3e);

….

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Total

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Giant tiger prawns

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Whiteleg shrimps

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Tilapias

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 (Note: Contents displayed on the table are for illustrative purposes only)

 

Note:

- Columns (4) – (16): specify the amount of specimens collected in each farming area in each month

- Column (17): Specify the group of categories assigned to be examine for each specimen/month

- Abbreviations: Tetra. : Tetracycline group; Sulfo. : Sulfonamides group; Qui. : Quinolones group

- Based on information collected from the farming area survey (particularly the use of chemicals, veterinary drugs in fishery), select the examination categories from the group of category mentioned above.

 

APPENDIX IV.  FISHERY REARING REPORT AND MONTHLY ADJUSTMENT PROPOSITIONS

(Issued together with Circular No. 31/2015/TT-BNNPTNT dated October 06, 2015 of the Minister of Agriculture and Rural Development)

DEPARTMENT OF AGRICULTURE
AND RURAL DEVELOPMENT OF
…………………. PROVINCE/CITY
……..(NAME OF MONITORING AGENCY)…….
--------

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
----------------

 

Report on fishery rearing of ................................Province/City

....................../...........(Month/Year)

1. General information (1):

Name of fishery

Rearing methods

Fisher rearing facts

Fishery diseases facts

Used veterinary drugs

Agricultural diseases and used agrochemicals

Feeds being used

Farming area changes

Farming throughput changes

Explanation

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

 

1. Name of farming zone: .................................., Code: .................................

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2. Name of farming zone: .................................., Code: .................................

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2. General remarks (11):

 

 

 

 

 

3. Proposed adjustment to next month specimen collection plan (............../.......)  (if any) (12);


Farming zone/

Code of farming zone

Type of fishery specimens

Number of specimens according to plan

Expected number of specimens to collect

Changed categories

Reasons

 

 

 

 

 

 

 

 

 

 

 

 

 

 

..........(Location and date)
HEAD OF UNIT
(Signature and stamp)

Note:

(1) Information serving the adjustment to the specimen collection plan of next month, focus on actual information, figures of the current month (Note: information and figures having significant changes in the current month can possible affect the specimen collection plan developed from the beginning of the year).

(2) Names of the fisheries that are being monitored in the residue monitor program.

(3) Report following 2 farming methods applied in the residue monitor program: fed and prevented from diseases (CCĂTB) and not fed nor prevented from diseases (KCĂTB).

(4) The actual and changed area (increased or decreased) regarding the actual farming area in the current month relative to the plan developed for the current month (determined in %), i.e: 310 ha (increased by 10%) compare to the plan. If there are no changes, write “không thay đổi” (unchanged);

(5) The actual and changed throughput (increased or decreased) regarding the actual throughput in the current month relative to the plan developed for the current month (determined in %), i.e: 1.100 ha (increased by 10%) compare to the plan. If there are no changes, write “không thay đổi” (unchanged);

(6) The reasons for the changes in column (4) and (5).

(7) Specify the facts of the diseases that have and are occuring in the farming zone in the current month: specify the names of the diseases and damaged area in the month to determine the examination categories, i.e: white spot syndrome (damaged 50 ha).

(8) Specify the commercial name and primary active ingredients of the veterinary drugs and chemicals that have been and are being used (focus on products whose components are chemicals, antibiotics that are banned, restricted from use and not specified in the list licensed for distribution, etc.) To serve as the basis to appoint the examination categories suitable with the disease facts, do not list generally, i.e: Aqua-Qui (Ciprofloxacin).

(9) Specify the agricultural diseases that have and are occuring on large scale with serious nature and types of agrochemical that have been and are being used primarily to decide to collect specimens for reinforced examination of pesticide categories.

(10) List the types of feeds that are being used (particularly those recently appeared in the farming zone or having unknow origin).

(11) Generally remark on the fishery facts of the month, in addition pay attention to the waste sources that have and are appearing around the farming zone potentially affect the farming zone (if any).

(12) Based on information specified in Section 1, propose changes (number of specimens, categories, etc.), if any, relative to the specimen collection plan of next month to ensure conformance with the actual farming facts including cases that require specimen collection for reinforced monitor (adding or subtracting if necessary).

 

Appendix V. FORM OF FISHERY SPECIMEN COLLECTION

(Issued together with Circular No. 31/2015/TT-BNNPTNT dated October 06, 2015 of the Minister of Agriculture and Rural Development)

Form 2.1: Form for specimens collected at the farming facility

DEPARTMENT OF AGRICULTURE
AND RURAL DEVELOPMENT OF
…………………. PROVINCE/CITY
...(Name of monitoring agency)...
--------

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
----------------

 

(Location and date)

 

Form of reared FISHERY SPECIMEN COLLECTION

1. Name of specimen collecting official:...........................................................................................

2. Name and address of the farming facility (or of the owner of the farming facility): ......................................................................................................................

3. Location where the specimens are collected (specify the address of the farming pond): .........................................................................................................

4. Date of specimen collection: ...........................................................................................

5. Name and code of the farming zone: ..........................................................................................................

6. Farming methods: fed and prevented from disease, not fed nor prevented from diseases

7. Time of stocking: ..................................................................................................

8. Time of harvest: ..................................................................................................

9. The use of veterinary drugs, fishery diseases facts in the last 4 weeks before the specimen collection: .....................................................................................................

10. Specimen collection and assigned categories for examination:

Specimen name

(including the codes of the pond where the specimens are collected)

Specimen codes

Amount

Groups of categories/categories assigned for examination

 

 

 

A1 group

B2a group

 

 

 

 

 

 

 

 

A3 group

B3a group

 

 

 

 

 

 

 

 

A6 group

B3c group

 

 

 

 

 

 

 

 

 

 

B3d group

B1 group

 

 

 

 

B3e group

 

 

 

 

 

 

 

 

 

 

Other:

11. Note: .....................................................................................................................

 

Facility representative
(Signature, full name)

Specimen collecting official
(Signature, full name)

 

Form 2.2: Form for specimens collected at the reared fishery purchasing, treating, processing facility

DEPARTMENT OF AGRICULTURE
AND RURAL DEVELOPMENT OF
…………………. PROVINCE/CITY
...(NAME OF MONITORING AGENCY)...
--------

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
----------------

 

(Location and date)

 

FORM OF FISHERY SPECIMEN COLLECTION

1. Name of specimen collecting official:...............................................................................

2. Name and address of the reared fishery purchasing, treating, processing facility (or of the owner of the farming facility): ............................................................................................

3. Location where the specimens are collected (specify the address of the owner of the fishery purchasing, treating, processing facility): ......................................................................................................................

4. Date of specimen collection: ...........................................................................................

5. Name, address of the farming facility and code of the farming zone: ......................................................................................................................

6. Time of purchase: ..................................................................................................

8. Specimen collection and assigned categories for examination:

Specimen name

(including information regarding the code of specimen collecting facility – if any)

Specimen codes

Amount

Groups of categories/categories assigned for examination

 

 

 

A1 group

B2a group

 

 

 

 

 

 

 

 

A3 group

B3a group

 

 

 

 

 

 

 

 

A6 group

B3c group

 

 

 

 

 

 

 

 

 

 

B3d group

B1 group

 

 

 

 

B3e group

 

 

 

 

 

 

 

 

 

 

Other:

9. Note: .....................................................................................................................

 

Facility representative
(Signature, full name)

Specimen collecting official
(Signature, full name)

 

APPENDIX VI. NOTICE ABOUT DISCOVERY OF RESIDUE EXCEEDING MAXIMUM ALLOWED LIMIT

 (Issued together with Circular No. 31/2015/TT-BNNPTNT dated October 06, 2015 of the Minister of Agriculture and Rural Development)

MINIS MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT
… (NAME OF INSPECTING AUTHORITY)…
--------

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
----------------

No. :      /TB-QLCL

(Location and date)

 

NOTICE

About discovery of residue exceeding maximum allowed limit

To:

- .........(Name of monitoring agency)............;

- Fishery processing enterprises.

 

Purusant to Circular No.    /2015/TTBNNPTNT dated .............................. of the Minister of Agriculture and Rural Development on monitoring of toxic residue in farmed fisheries and fishery products.

Based on the chemical examination form No. ............................ dated ............................ of the ....................................., (name of inspecting authority) ....................................... hereby annouces:

1. Discovery of residues of banned chemicals, antibiotics or antibiotics exceeding the maximum allowed limit in fishery. to be specific:

No.

Specimen name

Farming zone code

Location of specimen collection

Date of collection

Name of toxic substances

Examination results

Maximum allowed limit

Note

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2. Request the .................(Name of monitoring agency)................ to (10):

.............................................................................................................................................

 

 

HEAD OF UNIT
(Signature and stamp)

Note:

(1)-(5) Specify information serving the tracing of origin with respect to the fishery specimens discovered to be containing residues exceeding the maximum allowed value.

(6) Specify the name of the chemicals, antibiotics.

(7) Specify the examination results and units.

(8) Specify the maximum allowed value and units.

(9) Specify regulations of Vietnam, regulations of the importing countries that are referenced.

(10) Specify the request that the monitoring agency must perform according to provisions specified in Article 14, Article 15 of this Circular. Note: Based on the levels of Minimum Required Perfomance Limits (MRPLs) with respec to the banned chemicals, antibiotics and Maximum Residue Levels (MRLs) with respect to the restricted chemicals and antibiotics according to regulations of Vietnam and particular importing market, the monitoring agency shall inform the business facilities to take appropriate measures (including: distribute for domestic consumption or export with proper regulations) with respect to the violated fisher batches.


------------------------------------------------------------------------------------------------------

HIỆU LỰC VĂN BẢN

Circular No. 31/2015/TT-BNNPTNT dated October 06, 2015 on monitoring of toxic residue in farmed fisheries and fishery products

  • Số hiệu: 31/2015/TT-BNNPTNT
  • Loại văn bản: Thông tư
  • Ngày ban hành: 06/10/2015
  • Nơi ban hành: Bộ Nông nghiệp và Phát triển nông thôn
  • Người ký: Cao Đức Phát
  • Ngày công báo: Đang cập nhật
  • Số công báo: Dữ liệu đang cập nhật
  • Ngày hiệu lực: Kiểm tra
  • Tình trạng hiệu lực: Kiểm tra
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