03:34 | 20/04/2023

What are the penalties imposed organizations and individuals for failing to provide manufacturing lines and equipment suitable for animal feed production in Vietnam?

What are the penalties imposed organizations and individuals for failing to provide manufacturing lines and equipment suitable for animal feed production in Vietnam? Question of Mr. Binh (Binh Dinh)

What are the conditions for commercial animal feed production in Vietnam?

Pursuant to the provisions of Clause 1, Article 38 of the 2018 Law on Animal Husbandry in Vietnam stipulating as follows:

Conditions for animal feed production
1. Every producer of commercial animal feeds or ordered animal feeds must:
a) ensure that his/her production facility is not located in the area contaminated by hazardous waste or poisonous chemicals;
b) design the production area or place equipment adhering to one-dimensional principle from inputs to outputs and ensure that production areas are separated from one another for cross-contamination prevention;
c) have lines and equipment suitable for animal feed production;
d) take measures to maintain ingredients used in animal feeds upon recommendation of their suppliers;
dd) take measures to control harmful organisms, impurities or waste causing contamination for the purpose of protecting safety and quality of animal feeds;
e) have equipment and instruments used for measurement that are tested or calibrated as regulated;
g) own or hire a laboratory to analyze animal feed quality during production process;
h) have technicians who obtain a university degree or higher in animal husbandry, veterinary medicines, biology, food technology or postharvest technology;
i) ensure that the facility producing animal feeds containing antibiotics takes measures to prevent spread or cross-contamination of different antibiotics or cross-contamination between animal feeds containing antibiotics and those without antibiotics;
k) adopt methods for environmental protection in conformity with law provisions on environmental protection.

Thus, each producer of commercial animal feeds must meet the above conditions.

What are the penalties imposed organizations and individuals for failing to provide manufacturing lines and equipment suitable for animal feed production in Vietnam?

What are the penalties imposed organizations and individuals for failing to provide manufacturing lines and equipment suitable for animal feed production in Vietnam?

How are lines and equipment suitable for commercial animal feed production in Vietnam?

Pursuant to the provisions of Article 9 of Decree No. 13/2020/ND-CP (supplemented by Clause 4, Article 1 of Decree No. 46/2022/ND-CP) as follows:

Conditions for feed production
1. Point c Clause 1 of Article 38 of the Law on Animal Husbandry is elaborated as follows:
Production lines and equipment in contact with feeds must be made of materials that are easily cleanable and do not cause cross-contamination and allow migration of toxic substances from equipment into feeds; areas where feeds are stored must be well ventilated and well lit to permit visual observation, and moisture-resistant measures must be in place to avoid affecting product quality; microbial biomass production facilities must have equipment for creating environment, storing and cultivating microorganisms.
2. Point dd Clause 1 of Article 38 of the Law on Animal Husbandry is elaborated as follows:
Feed producers must adopt measures to prevent impurities (grit, metal, dust) from contaminating products; measures to control and prevent animals from entering production and storage areas; measures to control mites; measures to collect and treat waste in order to avoid product contamination and ensure environmental safety; measures to provide protection for employees and visitors to production areas.
3. A holder of the certificate of eligibility for feed production shall, upon producing commercial feeds or feeds on orders placed by other organizations/individuals, transfer a copy of the batch production logbook to the hiring entities for retention to serve the inspection and traceability.
4. Any entity hiring the holder of the certificate of eligibility for feed production to produce commercial feeds shall archive documents concerning declaration of product information on the web portal of the Ministry of Agriculture and Rural Development, and declare their standard applied, conformity, production logbook and testing results so as to serve the inspection and traceability.
Any entity hiring the holder of the certificate of eligibility for feed production to produce feeds on orders shall archive their production logbook and testing results so as to serve the inspection and traceability.

According to the above regulations, production lines and equipment in contact with feeds must meet the following conditions:

- Production lines and equipment must be made of materials that are easily cleanable and do not cause cross-contamination and allow migration of toxic substances from equipment into feeds;

- Areas where feeds are stored must be well ventilated and well lit to permit visual observation, and moisture-resistant measures must be in place to avoid affecting product quality;

- Microbial biomass production facilities must have equipment for creating environment, storing and cultivating microorganisms.

What are the penalties imposed organizations and individuals for failing to provide manufacturing lines and equipment suitable for animal feed production in Vietnam?

Pursuant to the provisions of Clause 1, Article 14 of Decree No. 14/2021/ND-CP as follows:

Offences against regulations regarding eligibility requirements of animal feed production establishments
1. The fine ranging from 3,000,000 dong to 5,000,000 dong shall be imposed for one of the following offences:
a) Failing to provide manufacturing lines and equipment suitable for animal feed production as legally required;
b) Failing to take measures to control harmful organisms, impurities or waste causing contamination or adverse impacts on safety and quality of animal feed;
c) Failing to provide measurement equipment and instruments that are tested or calibrated as legally required;
d) Failing to analyze animal feed quality during the production process;
dd) Failing to hire persons in charge of technical work or hiring persons in charge of technical work that have irrelevant professional qualifications;
e) Failing to apply waste collection and disposal solutions that prevent products from being contaminated;
g) Failing to design the production area or place equipment according to the single-direction rules under which those used for processing of input ingredients are sited in front of those used for manufacturing of finished products in a single direction, ensuring that production areas are separated from one another to prevent cross-contamination; except if input ingredients and finished products are put in airtight packages, or production areas are separately located;
h) Failing to take measures to preserve ingredients of animal feeds upon recommendation of suppliers.

According to the above regulations, organizations and individuals for failing to provide manufacturing lines and equipment suitable for animal feed production may be subject to an administrative fine of between VND 3,000,000 and 5,000,000.

The above fine is imposed upon individuals, the fine imposed upon organizations is double (Clause 2, Article 5 of Decree No. 14/2021/ND-CP).

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